Can I Afford a Mesothelioma Lawyer?
Yes, you can afford a mesothelioma lawyer. One of the largest challenges faced by individuals diagnosed with mesothelioma is the uncertainty of knowing how to pay for an attorney. Faced with hefty medical bills and disabling health conditions, some people even give up on retaining a lawyer. In many cases, individuals initiating mesothelioma cases do not have to pay a retainer or any type of medical bill out of pocket. Instead, a lawyer will work on a contingency fee, which means that an individual will not be required to pay an attorney unless a case is successful. Even in successful mesothelioma cases, the amount that legal counsel receives will be based on a percentage of what the client is awarded.
What Is My Case Worth?
There is no one answer of the amount in damages to which someone who has mesothelioma is entitled. Determining the amount of damages in a case can be particularly difficult and depends on an assessment of several factors in a case. The damages, or amount of harm incurred by the person who is filing the lawsuit, is largely based on the economic loss by the person and their loved ones as well as the cost of medical bills for treatment received of the person. Emotional suffering that arose due to the exposure is also often taken into consideration by a court when considering the amount of damages to which a person is entitled.
Can Just Any Lawyer Help Me File a Claim?
No, you should only obtain the assistance of an experienced mesothelioma lawyer. It can be tempting to hire the first lawyer that you can find, but individuals who are harmed due to mesothelioma must remember that not all attorneys are equipped to handle these cases. Asbestos exposure involves a particularly limited body of law with a specific focus. A good mesothelioma lawyer will understand the often complicated laws concerning mesothelioma cases as well as how to investigate how the exposure in question occurred. With the assistance of a skilled mesothelioma attorney, you will have the best possible chance of holding the responsible parties liable so that you can obtain the compensation you deserve.
I Need to Focus on My Health, Wouldn’t It Be Better to Address This Later?
While a person’s health can rapidly deteriorate after exposure to asbestos, failing to initiate a lawsuit in time can result in a person losing entitlement to compensation for the damage incurred by asbestos exposure. The exact length of the applicable statute of limitations depends on whether the mesothelioma victim or the victim’s family is initiating the lawsuit. When a mesothelioma victim initiates a lawsuit, the person’s case must be filed within a small amount of time of being diagnosed with mesothelioma. Wrongful death statutes of limitations are important for the family members of a mesothelioma victim. In wrongful death cases, the family must be file the case within a short amount of time after the death of the person who had mesothelioma.
What Are Asbestos Trusts?
In a large number of cases, companies are unable to pay all damages related to asbestos exposure and must file for bankruptcy. In these cases, courts require companies to establish trust funds that pay compensation to victims of asbestosis, mesothelioma and other illnesses caused by asbestos exposure. Many trusts use established criteria to establish requirements for individuals who seek compensation. Some of the larger asbestos trusts use claims processing companies to help respond to the number of claims received by the trust’s management. The amount of compensation that a person ultimately receives by the trust is often based on a percentage of the amount owed to the person. The amount that a trust pays also changes over time. If you require assistance with one of these trusts, a knowledgeable attorney can often prove essential.
How Long Does It Take for Mesothelioma to Show Up?
There is often a significant amount of time between when an individual is exposed to asbestos and when the first signs of mesothelioma are visible. The latency period for mesothelioma can be anywhere between 20 to 50 years. The length of the latency period depends on a variety of factors. The longer that a person is exposed to asbestos, in many cases the more quickly that person will develop mesothelioma or other asbestos related diseases. Exposure to larger amount of asbestos will speed up how quickly a person could develop mesothelioma. There are also several types of asbestos including crocidolite which is the deadliest type of asbestos and has the quickest latency period.
What Is the Difference Between a Personal Injury Claim and a Wrongful Death Suit?
Claims for personal injury have some similarities but are different for several reasons including who is able to file the lawsuit and seek compensation. A personal injury claim is introduced by the person who was injured in the accident. Compensation in personal injury lawsuits is often rewarded for lost wages, medical pain, and pain or emotional suffering. In wrongful death claims, the lawsuit is initiated by the family members of the deceased person. A court in wrongful death cases awards compensation to these family members for lost wages, medical treatment, and funeral expenses for the accident victim. While the purpose of personal injury cases is to compensate the individual for harm due to the accident, the purpose of wrongful death cases is to provide for the survivors of the deceased individual.
Does Workers Compensation Pay for Asbestos-Related Injuries?
Yes, workers compensation pays for asbestos-related injuries such as mesothelioma. A claim for benefits under workers’ compensation law will be granted where an asbestos-related injury interrupts a period of employment. To succeed in making a claim, a person must present adequate proof of an asbestos-related disease. These types of claims must be filed against the employer who caused the illness. The employer or insurance carrier will be required to pay weekly compensation. In some cases involving an asbestos-related death, the surviving family members of a worker are also sometimes able to obtain compensation under workers’ compensation law. It should be noted that individuals can also pursue a third party lawsuit.
What is the Process for a Mesothelioma Settlement?
A mesothelioma settlement can help a person receive compensation for damages caused by exposure to asbestos. During the pretrial phase, opposing parties submit various motions with the court and gather information that is relevant to the case. During this period, each party’s lawyers will submit settlement offers, which the other attorney will then either reject or accept. Parties also can propose a counter offer and negotiate settlement terms. Many mesothelioma cases resolve before trial. In the case that a mesothelioma case does proceed to trial, a case will be awarded based on damages suffered by the exposure victim. It is often particularly difficult to assess how damages are calculated.
How Do I Know If I Have an Asbestos-Related Disease?
The symptoms of an asbestos-related disease change based on the type of illness with which a person is afflicted as well as the severity of the illness. In the case of many illnesses, the first signs of a condition such as mesothelioma will not become visible until anywhere between 10 to 40 years after the person is exposed to asbestos. Some of the most common symptoms in the case of these illnesses include chest pain, shortness of breath after slight physical exertion, a dry, persistent cough, frequent lung infections, and weight loss without a known cause. Many physicians are able to diagnose these medical conditions by cracking sounds when a person breathes.
My Exposure to Asbestos Occurred Long Ago, How Can This Be Proven?
Many people worry that because asbestos exposure occurred a long time ago, it will be particularly difficult to prove how this exposure occurred. Fortunately, the statute of limitation does not begin to run until a person is diagnosed with an asbestos related disease such as mesothelioma and a knowledgeable attorney is often able to help discover evidence that this exposure occurred. This evidence might concern a person’s employment or social security paperwork. A former coworker might also be asked to give deposition testimony about the location in which the individuals were employed and the presence of any asbestos-related risks on the job site. In some cases, it might have already been established that exposure occurred at a certain location.
What is Available for Veterans in a Mesothelioma Claim?
The United States military first used asbestos as a method of fireproofing but later discovered that asbestos had harmful effects. Statistics reveal that veteran deaths represent one-third of all mesothelioma deaths in the country. Veterans who developed illnesses including mesothelioma due to asbestos exposure are often able to obtain compensation for their injuries. Some of the benefits veterans are able to obtain include dependency and indemnity compensation to the spouses of veterans who died from asbestos exposure and special monthly compensation for veterans who are disabled severely enough to require the assistance of another person.
Are There VA Benefits for Surviving Family Members?
Dependency and Indemnity Compensation is a benefit that is available to the surviving dependent family members of a veteran who died due to exposure to asbestos during the course of military service. To qualify for these benefits, there are certain requirements that must be met. Situations that will allow a spouse to receive these benefits include if the spouse was married due to the veteran who died during any type of duty, the spouse married the veteran before January 1, 1957, the spouse married the veteran within 15 years of discharge from the military or the spouse was married to the veteran for one year or greater.
What Is the Difference Between a Mesothelioma Claim and a Lawsuit?
Many people use the phrase “claim” and “lawsuit” interchangeably when discussing a mesothelioma claim, but there are substantial differences between the two words. A mesothelioma claim involves an individual and the party at fault working with an insurance company to issue payment for resulting damage. In deciding how to proceed with a claim, insurance companies frequently research a claim by reading accident, medical, and police reports. Claims do not involve a court of law. A mesothelioma lawsuit, however, occurs when a court of law hears a person’s case because the claim process did not result in fair compensation for the victim.
What Are the Characteristics of a Good Mesothelioma Attorney?
Obtaining the assistance of a good mesothelioma attorney is one of the first steps in obtaining the compensation that you need. There are several important criteria that should influence which attorney a mesothelioma victim decides to hire. A good mesothelioma attorney will focus exclusively on helping individuals who have been harmed by asbestos exposure and have an intricate understanding of state and federal laws. A good attorney will also be compassionate and understand the nature of your case. A good mesothelioma attorney will also have the time to listen to any potential concerns that you might have and will take the time to explain any questions.
Can I File a Lawsuit in More Than One State?
Yes, a person harmed by asbestos exposure can always file a lawsuit in which the defendant is located or incorporated. In some cases, a person might wish to file a mesothelioma lawsuit in multiple states because there are several liable parties or multiple locations where the exposure to asbestos occurred. Sometimes, a person might also need to file a lawsuit in another state because the statute of limitations in the first state has expired. If the parties to the lawsuit are from different states and the damages involved are greater than $75,000, there is a likelihood that a federal court might hear the case.
What is the Average Settlement for a Mesothelioma Case?
It is extremely difficult to estimate the average settlement for a mesothelioma case. While some cases result in the jury awarding millions of dollars, other cases settle for much less. One of the reasons for the large difference in compensation is that some companies have gone bankrupt or closed down and since run out of money that was placed in a trust to pay for mesothelioma victims. Another reason for the difference in compensation amounts is that each person is affected differently by mesothelioma and has different costs. With these considerations stated, the average settlement for a mesothelioma case is typically between $1 to $5 million but after attorney’s fees, court costs, and medical expenses, this amount is often reduced to around two-thirds this size.
Will Going Forward with a Mesothelioma Case Affect My Pension?
No, going forward with a mesothelioma case will generally not affect pension. In nearly all situations, mesothelioma cases are brought against the manufacturers of asbestos instead of a person’s employer which means that this lawsuit will have little impact on pension. Veterans who are diagnosed with mesothelioma actually have an easier time obtaining pension because these veterans are considered permanently disabled for the purposes of a pension. In these situations, being diagnosed with mesothelioma does not need to be directly caused by the veteran’s service in the military. A skilled attorney is often able to address any additional questions that a person might have about the relationship between pension and mesothelioma.
Will I Need to Travel If I File a Lawsuit?
No, in many cases a person will not be required to travel to pursue a lawsuit. This can be advantageous if your condition has resulted in becoming disabled to the point of being unable to walk or leave the bed. Legal counsel is able to travel to a person’s home, the hospital, or any other agreed on location to meet to discuss how the lawsuit will be filed. A skilled attorney will be able to handle your case from start to finish including during various court appearances with no adverse effect on the case. As a result, you should not worry that limited mobility will prevent you from being able to obtain the compensation you deserve.
Will I Have To Go To Court?
No, an individual is not required to go to court because a lawyer can attend court on a person’s behalf. Additionally, many cases do not even proceed to court because the case settles prior to trial. Settlements are amounts that are agreed on by both parties to compensate for damages caused by the liable party. Some cases, however, proceed to trial where a jury decides whether and how much compensation should be awarded to a party. These trials can be very long and can often involve substantial evidence. A knowledgeable attorney will be able to assess a client’s case and make a determination about the likelihood of whether the case will proceed to trial.
I Know Who Is Responsible for My Asbestos Exposure, But I Don’t Want to Harm Them Financially, What Can Be Done?
Some individuals who are diagnosed with mesothelioma hesitate to contact an attorney because they like the party that could be liable for their asbestos exposure and do not want to hurt them financially. Contractors, employers, manufacturers, property owners, product supplies, and other types of consumers often purchase liability insurance to act as protection in the event that these exposures occur. As a result of this insurance, its rarely the case where mesothelioma lawsuits cause a liable party to suffer harm or to go bankrupt to pay or the injury. In the event that a person does directly sue their employer, the case will likely be a worker’s compensation claim for which employers are required to have insurance.
Will Filing a Mesothelioma Lawsuit Hurt the Military?
No, a mesothelioma lawsuit will not hurt the military because a mesothelioma claim will likely not be filed directly against the military. Federal rules almost always bar people who are injured during military service from initiating a legal action against the military or any other part of the federal government. Instead of initiating a legal action against the government, an attorney will often commence legal action against the party that manufactured or supplied the military with asbestos. Because the military will not be involved directly as a party in a mesothelioma lawsuit, a mesothelioma claim against asbestos manufacturers will not have any impact to the military.
What Evidence Is Required to File a Mesothelioma Lawsuit?
For workers who initiate legal actions due to being diagnosed with mesothelioma, it is important to have the evidence required by the case. A successful mesothelioma lawsuit will require an individual to file definitive evidence that the individual has been diagnosed with an asbestos-related disease. An individual will also be required to prove that exposure to asbestos occurred at home or the place of employment. Courts frequently rely on depositions, past judgments, and other evidence to decide whether a company used asbestos. Evidence of employment and social security are often used to establish a person worked at a certain company.
How Long Does It Take To Receive Money from a Mesothelioma Lawsuit?
There is no set time within which a client can expect to receive a settlement check. In many cases, a person with mesothelioma or another type of asbestos-related disease can expect to receive compensation within a few months. Each case is different, however, due to how the exposure occurred and the damage incurred by the individual. As a result, some cases take much longer for a person to receive settlement compensation while other cases take much less time. A skilled attorney, however, can request an early preferential trial date if someone is seriously ill and will speed up the payment process as quickly as possible.
Why Does Someone With Mesothelioma Need a Lawyer?
Someone diagnosed with mesothelioma needs strong legal counsel to obtain compensation for damages due to asbestos exposure. Mesothelioma is almost always caused by the negligence of another party. Asbestos manufacturers are responsible for the serious illnesses caused by the use of dangerous asbestos in a variety of products. An experienced mesothelioma attorney has intricate knowledge of the companies that used asbestos in a variety of ways as well as in-depth understanding of the medical conditions caused by asbestos exposure. By obtaining the services of an experienced mesothelioma attorney, you can make sure that you receive adequate compensation for your injuries as soon as possible.
What If I Never Worked for an Asbestos Company But Have Mesothelioma?
Even if you have not worked in the presence of asbestos, you likely still have a case if you are diagnosed with mesothelioma. An increasing number of individuals who never worked with asbestos are being diagnosed with mesothelioma. In addition to workplace exposure, an individual can come into contact with asbestos at home, naturally occurring asbestos deposits, nearby factories, and schools. The relative of a person who worked at a company that used asbestos can also contract the disease. It is often a wise idea to discuss the matter with an attorney who can help determine the exact source of the asbestos and hold the liable parties responsible.
What if a Loved One Is Too Ill To Pursue A Case?
In the event that a person is too ill to pursue a case due to an asbestos-related condition like mesothelioma but wants to take legal action, a law firm will work with that person’s family, fellow employees, and friends to gather evidence concerning that person’s condition and pursue a claim for compensation. Even if a person is expected to die during a course of a legal action, that person’s friends and family members can still use the assistance of an experienced mesothelioma lawyer to pursue a wrongful death case. While a knowledgeable attorney understands that it is important to pursue a claim before the statute of limitations expires, the attorney will also understand the need to pursue a case quickly in the event that someone is seriously ill from mesothelioma or a related disease.
I Don’t Remember Where I Was Exposed to Asbestos, Can I Still File a Claim?
If you have difficulty remembering exactly how your asbestos exposure occurred, it is still a good idea to consult with an attorney. There are many individuals who are diagnosed with mesothelioma and related conditions that cannot remember being exposed to asbestos. Because mesothelioma can take a long time to develop, individuals can often have a difficult time recollecting exactly where and when the asbestos exposure occurred. In some cases, a person might have used a product like cement or talcum powder without realizing that was where their exposure to asbestos occurred. Fortunately, an experienced mesothelioma lawyer will be familiar with how a person might have been exposed to asbestos and can help to collect evidence as well as witnesses regarding how the exposure occurred.
Can a Family Member File a Claim on Behalf of a Loved One Who Passed Away from an Asbestos-Related Illness?
Yes, a family member can still file a claim. Many people whose loved one has passed away from an asbestos-related condition worry that the statute of limitations to file a mesothelioma lawsuit has also expired, but this is not true. Fortunately, the death of a loved one does not result in the termination of the liable party’s responsibilities. These types of legal actions are called wrongful death cases. One requirement to file a wrongful death case is that the person must have had a special relationship to the individual. This special relationship includes children, grandparents, parents, siblings, and spouses. A person who was financially dependent on the individual who passed away might also be able to file a claim.
My Spouse Recently Died of Mesothelioma. Now That They Are Gone Is It Too Late For Me To Seek Legal Assistance?
No, it is not too late for a person to initiate a legal action if a spouse recently died. In many cases, a person is able to initiate a wrongful death case for their loved one. There is a limit to the amount of time, however, that a person has to file a lawsuit. As a result, it is important to file a lawsuit as soon as possible to make sure that the claim is initiated within time. An experienced attorney can help initiate a lawsuit that proves the deceased spouse died due to asbestos exposure and that the deceased spouse’s former employer is responsible. Wrongful death cases often resolve with a settlement or trial verdict.
I Was Diagnosed With Asbestosis and Received a Settlement. Now I Have Mesothelioma. Can I File a Second Lawsuit?
Yes, in many cases you can file a second lawsuit. Several states allow individuals to file a mesothelioma lawsuit even if that person had previously filed a lawsuit for another asbestos-related disease. A mesothelioma attorney can help convince a court to recognize a second asbestos-related illness. There are some substantial differences between the two illnesses. Asbestosis is not a life threatening cancer like mesothelioma. Also while asbestosis is caused by asbestos fibers lodging in the alveoli, mesothelioma develops from asbestos fibers lodged in the lining of a person’s lungs. As a result, individuals who find themselves in this situation should not hesitate to contact an attorney.
Is It Financially Worthwhile to Seek Compensation for a Mesothelioma Lawsuit?
Yes, it is financially worthwhile to seek compensation for a mesothelioma lawsuit. In a large number of cases, the settlement is between $1 to $5 million with the person diagnosed with mesothelioma or their loved ones receiving somewhere around two third this amount after various fees are deducted. In many cases, the compensation awarded in a mesothelioma lawsuit is enough to pay for most if not all of a person’s financial obligations created by the illness. Many companies are willing to negotiate settlement amounts with individuals which provide significant financial assistance as people cope with other aspects of being diagnosed with mesothelioma.
Where Does the Compensation Come from in a Mesothelioma Claim?
In many cases, the amount of compensation received in a mesothelioma claim is enough to pay for many of the financial obstacles that can arise for a person diagnosed with mesothelioma. The compensation is often large enough to provide financial security for families and significantly exceeds amounts received from worker’s compensation and other sources. The compensation in a mesothelioma lawsuit comes from several sources in the asbestos industry. A company might have established a trust for workers who are diagnosed with mesothelioma. In other cases, workers compensation likely comes from the insurance policies that are required to be held by contracts, employers, or manufacturers.
Could a Family Member Have Been Exposed to Asbestos?
Yes, family members of people who have worked around asbestos can also be exposed to the material. In some cases, family members are known to come into contact with the microscopic fibers brought home on uniforms. While the greater the amount of exposure to asbestos, the more likely a person is to develop mesothelioma, family members are still at risk of being diagnosed with mesothelioma if exposed to even a small amount of the substance. It is important to remember that any exposure to asbestos can be deadly. As a result, family members of asbestos workers who are diagnosed with mesothelioma should not hesitate to contact a mesothelioma attorney.
Why Is the Asbestos Industry Held Accountable for Mesothelioma Cases?
The asbestos industry knowingly exposed workers to a deadly substance. Many people were not away that they were working around asbestos until the 1960’s. Warnings about the danger caused by asbestos exposure did not exist at the time. Asbestos manufacturers, however, knew about the danger posed by asbestos as early the 1920’s and still allowed the workers to be exposed to the deadly substance. For this reason, companies were negligent in warning workers about the dangers that asbestos presented and many workers have been able to win lawsuits against these parties. The amount of compensation received from an asbestos company is designed to help an individual financially with the various complications that can arise from mesothelioma or any other type of asbestos-related illness.
Can I Apply for Veterans Benefits in Addition to Filing a Lawsuit?
Yes, veterans can apply for veterans benefits in addition to initiating a mesothelioma lawsuit against manufacturers and suppliers who supplied asbestos to the military. The payment of veterans benefits will be decided by a rate table that takes into consideration the severity of the veteran’s disability and whether the veteran has any dependent loved ones. To qualify for veterans benefits, a person must prove that their mesothelioma or related illness is related to asbestos exposure during the course of service. A seasoned attorney can prove particularly helpful in applying for these benefits. Once granted, these benefits provide veterans several advantages including compensation to free VA medical care.
Will I Be Suing My Former Commanding Officer?
No, it is very unlikely that a person who files a mesothelioma lawsuit will bring a claim against a former commanding officer or that the former commanding officer will even be named in the lawsuit. It is also very unlikely that a person will file a claim directly against the military, since with very few exceptions, the constitution does not allow individuals to initiate these types of claims. Instead, a lawsuit will be directed to the company that manufactured or supplied the military with asbestos, which led to the veteran’s diagnosis of mesothelioma or other type of asbestos related disease. An attorney knowledgeable in these matters will respect the great service our veterans provided to the country and will answer any questions they might have about the relationship between a mesothelioma lawsuit and the military.
If I Pass Away Before My Lawsuit Is Complete Will My Family Receive the Compensation?
Yes, a family will receive compensation if a person passes away from mesothelioma or a related illness prior to the conclusion of a lawsuit. Lawsuits that are brought by the survivors of a person who has passed away are referred to as wrongful death cases because in this case asbestos manufacturers and suppliers were responsible for failing to tell the person about the dangers of asbestos exposure. Wrongful death lawsuits can be particularly helpful in providing compensation for the financial hardship caused by the death of a loved one. If a lawsuit is not already underway, survivors of a person who died from mesothelioma or another related illness must remember to initiate the lawsuit as soon as possible after the death of the loved one. A strong mesothelioma attorney will be able to explain how wrongful death lawsuits work and the manner in which a deceased mesothelioma victim’s loved ones will collect compensation.
What Happens If the Person Responsible for My Asbestos Exposure Is Bankrupt?
While a person might not be able to directly initiate a lawsuit against a company that has filed for bankruptcy, there are often still ways for a person with mesothelioma to receive compensation if the responsible company declared bankruptcy. In many cases, manufacturers of asbestos were required to create a fund so the people who were diagnosed with mesothelioma or other associated illnesses could receive compensation. The only downside to receiving compensation from a trust is that individuals frequently receive only a percentage of what the person would have received if the company had not declared bankruptcy. A skilled lawyer, however, can make sure that a person receives the maximum amount possible for compensation of mesothelioma.
Dealing with Mesothelioma Has Been Stressful, How Much Involvement Is There In A Lawsuit?
Being diagnosed with mesothelioma frequently results in individuals facing significant challenges related to one’s health. Obtaining the services of a skilled attorney can prove to be particularly helpful in making sure that your mesothelioma case proceeds as smoothly as possible. An experienced attorney has helped many people respond to mesothelioma cases and knows how to make sure that a lawsuit proceeds as smoothly as possible. Law firms require some participation from individuals at the beginning including an evaluation of the person’s case, an analysis of detailed information, and information about the person’s experience. After this initial involvement, however, an attorney requires little involvement from a person in order to represent their mesothelioma case.
How Much Compensation Can Asbestos Trusts Pay Claimants?
The amount of compensation that is received from an asbestos trust depends on a variety of factors. Two of the most influential factors include the severity of the person’s illness as well as the trust’s payment schedule, which designates specific values based on asbestos injuries. Generally, the more severe a person’s condition, the great amount of compensation to which that person is entitled. Trusts are created for bankrupt companies, which do not possess the money to pay the full amount of money to pay a person’s claim. Instead of being paid the full amount, a person will receive a percentage as determined by a payment schedule. The maximum amount of compensation that a person can receive is limited by courts so that future mesothelioma victims will also be able to collect from the responsible asbestos manufacturer or supplier.
I Have Mesothelioma But Do Not Know Where I Was Exposed to Asbestos. What Can Be Done?
Because mesothelioma can have a latency period of over 20 years, some individuals have a very difficult time determining exactly how asbestos exposure occurred. Anyone who worked or lived in a building with asbestos is at risk of being diagnosed with mesothelioma. The frequency of a person’s exposure to asbestos increases the chances that a person will be diagnosed with mesothelioma. People who worked in the construction, demolition, maintenance, power plant, and shipyard industries at increased risk of being diagnosed with mesothelioma. Some of the particular objects containing asbestos include certain types of cement, insulation, and roofing. Other individuals who are risk of asbestos include people who attended classes in a school that was built prior to 2000. Whatever the cause, a knowledgeable attorney can help you determine exactly how asbestos exposure occurred.
What Is a Mesothelioma or Asbestos Lawyer?
A mesothelioma or asbestos lawyer focuses on helping people who have been harmed due to exposure to asbestos in either the home, school, or workplace. Because asbestos was used as a common building material prior to 2000, there is a significant risk of people who were exposed to asbestos developing mesothelioma and other related illnesses. A mesothelioma lawyer helps people who have been harmed in such a manner receive compensation from liable parties including asbestos manufacturers and suppliers who have known asbestos was dangerous since the 1920’s. Because experienced mesothelioma lawyers have an intricate understanding of the harm caused by mesothelioma, it is a wise idea for people who have been harmed in such a way to retain the assistance of skilled legal counsel.
What is an Asbestos Bankruptcy Trust Claim?
Companies who manufacture or produce asbestos and file for bankruptcy are often required to establish trusts to compensate asbestos victims. If a company establishes a trust, a person diagnosed with mesothelioma due to asbestos exposure can file a claim rather than initiate a lawsuit. A bankruptcy court will decide the amount of money that a company must place in a trust, which will then be managed by independent trustees who will make individual determinations of how much claimants each person who makes a claim should be paid. Once a company has created a trust, a person impacted by mesothelioma must file a claim with these trustees. A skilled attorney can prove very helpful in filing a claim in these cases.
What is the Statute of Limitations for an Asbestos Lawsuit?
The applicable statute of limitations changes in a mesothelioma based on a variety of factors including where a person lives as well as who initiates the lawsuit. Statute of limitations change between states. In the state of Texas, a person must file a lawsuit related to asbestos exposure within two years of being diagnosed with a related illness. In the state of Louisiana, however, a person only has one year to file a claim. If the loved ones of someone who passed away from mesothelioma initiate the lawsuit, the statute of limitations revolves around that person’s death. As a result of these laws, mesothelioma victims should make sure to file a lawsuit as soon as possible after the date of diagnosis.
Can I Receive Disability from Mesothelioma?
Yes, a person can receive Social Security disability benefits after being diagnosed with mesothelioma. The Social Security Administration considers mesothelioma a disability in accordance with the Compassionate Allowance program. This program is designed to provide an expedited approval process for people are diagnosed with mesothelioma. A person with mesothelioma must make sure that the Social Security Administration is aware of this diagnosis so that the disability benefits process can occur as quickly as possible. It is also important to include adequate evidence including medical records about the person’s condition. An experienced attorney can help a person file a mesothelioma claim for these benefits.
Whose Decision Is It To Settle Or Go To Trial?
Although a lawyer can offer advice on the likely outcomes of a settlement versus going to trial, it is ultimately up to the individual afflicted with mesothelioma and their loved ones to make a decision about whether to proceed with a trial. There is never a guarantee that a trial will result in a successful outcome for a person, while a settlement offers mesothelioma victims a guaranteed result. The amount awarded in trial, however, could potentially be much larger than the amount offered in a settlement. Trials are also long processes, of which a mesothelioma victim might not live to see the end. Ultimately, it is a personal decision whether or not to accept a settlement offer.
What Should I Consider When Choosing a Mesothelioma Lawyer?
If you have been diagnosed with mesothelioma or a related illness, strong legal representation can help obtain compensation from the responsible parties. There are certain things to consider to find the best legal representation possible. A person should find an attorney who has significant experience handling cases related to asbestos exposure. This experience should consist of a history successfully litigating challenging asbestos cases. While chosen legal representation should be skilled at mesothelioma cases, it is also important to find an attorney who is compassionate about the many complications created by this type of illness. Additionally, chosen legal representation should be readily available to answer questions and concerns at any time about your mesothelioma case.
I May Have Been Exposed to Asbestos, When Is The Best Time To File a Lawsuit?
Not all incidents of exposure to asbestos result in people being diagnosed with mesothelioma. An individual should have a diagnosis of mesothelioma or another illness caused by exposure to asbestos before filing a lawsuit. If a person is diagnosed with mesothelioma or a related condition, an experienced attorney should be contacted as soon as possible. In the event that a person has been exposed mesothelioma but not yet diagnosed with a condition, the person should follow some basic steps which include carefully monitoring a person’s health, informing a doctor about the exposure to asbestos, and quickly obtain medical attention if ailments are experienced. Because mesothelioma has a 20 year latency period, it is often that case that individuals are diagnosed with mesothelioma long after asbestos exposure.
What Are The Types of Asbestos Injury Lawsuits?
While anyone who is diagnosed with mesothelioma can file a mesothelioma lawsuit, there are several common types of lawsuits that can be initiated. A primary asbestos exposure lawsuit concerns a person who was exposed to asbestos due to direct contact with asbestos. A secondary asbestos lawsuit involves someone who has been diagnosed with mesothelioma or a related disease after being exposed in the home to someone who came into direct contact with asbestos. In the event that someone dies from mesothelioma, that person’s surviving family or any financial dependents can initiate a wrongful death lawsuit. An experienced attorney is often essential to help individuals analyze a case and determine the best method to proceed.
Am I Required to Sue the Government?
No, a person is not required to sue the government in a mesothelioma lawsuit. Unless one of few exceptions occur, a person is actually prohibited in accordance with the Constitution from initiating a lawsuit against the government. Instead, if a case involves a government employee, a person will likely sue the manufacturer or producer of asbestos who negligently failed to warn the government or worker about the dangers of asbestos. As a result of this negligence, a skilled attorney can help obtain compensation from these responsible parties. A skilled attorney can evaluate your case and determine the best way to proceed with a mesothelioma case.
What Are My Legal Options?
There are several legal options for a person who has been diagnosed with mesothelioma or a related condition after exposure to asbestos. If a company has declared bankruptcy since the person was exposed to bankruptcy, a claim can likely be paid from an asbestos trust fund. These funds, however, will be only a percentage of the amount that the person would receive through a trial. A number of mesothelioma cases also result in settlements. Settlements involve the party responsible for the asbestos exposure paying the victim an agreed on amount of compensation. Military veterans who developed mesothelioma during the course of service are likely eligible for veterans benefits. In addition to these various options, a person can also initiate a lawsuit if the person was directly exposed to asbestos or lived in the same household as a person who was directly exposed to asbestos.
What Type of Mesothelioma Lawsuit Exists for Multiple Individuals?
There are two types of mesothelioma lawsuits involving multiple parties that have been harmed by asbestos exposure. These two lawsuits are multidistrict litigation and class action lawsuits. Multidistrict litigation (also known as MDL) is a type of legal proceeding that handles large numbers of similarly situated people. Each injured party in an MDL seeks unique damages for the specific injuries incurred due to asbestos exposure. In class action lawsuits, one person or a small group of individuals brings a legal claim on behalf of a large group of individuals. If you are involved in a mesothelioma class action or MDL, an experienced and knowledgeable attorney can prove invaluable.