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How to File a Mesothelioma Asbestos Claim Compensation is provided to those who have been diagnosed with mesothelioma or other asbestos-related diseases. A mesothelioma attorney with experience can help victims get the maximum payout. Other forms of financial aid are offered to individuals. For instance workers' compensation can help with medical expenses. Mesothelioma funds could also be an income source. Statute of Limitations A person who has been exposed to asbestos has a limited time to file their claim, or risk losing the compensation. The statutes of limitations differ according to state, but the majority are between 2-3 years. The statute of limitations may be affected by other factors, including the state in which the victim is located, the date of diagnosis and the location in which they were exposed. Mesothelioma, as well as other asbestos-related illnesses have a long time of latency, meaning patients might not develop symptoms or even know they're suffering until years after their first exposure to the harmful material. Because of this, the statutes of limitations “clock” starts on the patient's diagnosis instead of the date of exposure that is used in other personal injury cases. This is known as the discovery rule and allows victims to get on the right track to full recovery quicker. It's important for victims to consult a knowledgeable lawyer who is familiar with the different mesothelioma statutes of limitations. An experienced mesothelioma lawyer can assist clients in avoiding being late which is essential for receiving compensation. The asbestos-related disease can change the lives of those affected and their families. As a result, victims must file mesothelioma suit as soon as they can so that they be compensated for medical bills and expenses. Depending on the location you live in, victims may be in a position to make a personal injury claim or a wrongful death lawsuit. Personal injury lawsuits are typically filed by patients who have been diagnosed with asbestos-related diseases, while wrongful deaths suits are filed primarily by family members of those who have lost a loved one to mesothelioma. The statutes of limitations for wrongful deaths are generally shorter than the statutes of limitation for personal injury claims. The exact timeframe varies from state to state, but in the majority of cases, the wrongful deaths lawsuit must be filed within one year from the date of the victim's death. How to File a Claim The first step to file a mesothelioma claim is hiring a skilled attorney. Top lawyers are on a contingency basis, meaning they only get paid if they obtain compensation for their clients. They research asbestos-related employers and companies to determine the places where victims came into contact with the deadly mineral and what kind of jobs they had. Mesothelioma patients are able to file a lawsuit claiming personal injury or a trust fund claim to receive financial compensation. Lawyers can help victims and loved ones determine which claim is most beneficial to them. Lawsuits can result in settlement or a verdict by a juror. Settlements typically offer families and victims with more money than a trial would. Some victims refuse settlements and choose to go to trial to receive higher damages. A mesothelioma lawyer will discuss the pros and cons of each option to their client. Compensation from a mesothelioma suit can help patients pay the cost of their medical bills and also ensure financial stability. In a lot of cases, victims could be eligible for benefits from the government. Veterans who developed mesothelioma after exposure to military shipyards, or other branches of the Armed Forces are entitled to monthly VA benefits, as well as Social Security Disability Insurance (SSDI) to pay for living expenses. Family members of deceased mesothelioma patients can file a wrongful-death lawsuit to seek compensation for funeral costs along with loss of companionship, emotional distress. Similar to personal injury lawsuits, wrongful death lawsuits may result in a verdict by a jury, or a settlement. Mesothelioma is a very complex disease that can have many consequences on a patient's life. Lawyers will thoroughly analyze all aspects of the victim's case to determine the most effective compensation strategy. They will aid victims and their families in gathering all the evidence necessary to present a convincing case against asbestos companies. The evidence will be used to negotiate a fair and just settlement with the defendants. If no settlement can be agreed upon, the lawyers prepare to present the case for trial before the jury. Settlements Settlements are usually used to pay compensation to asbestos victims. This compensation can be used to pay for medical costs as well as lost income and other intangibles such as a reduced quality of life. It is crucial to employ a mesothelioma lawyer, as the process is complex and laws differ from state to state. A lawyer will review your case and determine which companies are responsible for your exposure to asbestos. Your lawyer will go through company archives to determine which companies used and produced asbestos-containing products. Ventura asbestos attorneys -related businesses no longer exist because they have closed or gone bankrupt. However, some of them have set aside money in bankruptcy proceedings to pay future asbestos victims. Your lawyer can help you file a claim against these trusts. The amount of the settlement is contingent on a number of factors including how long you've been exposed to asbestos, and your personal mesothelioma diagnosis. Mesothelioma lawsuits are incredibly complex and long, involving evidence that proves companies knew asbestos was a risk but did not warn workers or consumers. Therefore, defendants tend to prefer to settle instead of risking losing a trial and the possibility of a substantial judgment. During the discovery phase of litigation, your mesothelioma lawyer will seek details from defendants. This includes documents from the company and depositions made by former managers and workers. Your attorney will analyze the evidence in order to determine the credibility of your mesothelioma claim. If a mesothelioma lawsuit goes to trial the jury or judge will decide on the amount the defendant must pay. Asbestos patients may be able receive a larger settlement if they are part of a class action lawsuit. However, this type of lawsuit has become less common since a 1997 ruling by the U.S. Supreme Court against the issuance of asbestos-related classes, because the court determined that there were too many differences existed between people with similar exposure histories to warrant one class action. Weitz & Luxenberg has helped hundreds of clients in mesothelioma lawsuits. They have a thorough understanding of the different kinds of mesothelioma cases and can provide you with a detailed explanation of your options. They also have a range of expert resources to assist with your legal matter. Contact us today to begin. Trial Asbestos sufferers and their loved relatives deserve compensation following being diagnosed with mesothelioma. This compensation can aid families in paying for the necessary treatment and alleviate the financial burdens of a difficult period. The success of mesothelioma lawsuits will allow victims to live a more fulfilling life. Mesothelioma is a deadly disease that affects the lining of the lungs or abdominal cavity, also known as the mesothelium. Exposure to asbestos, carcinogenic material is the most frequent cause of the disease. It is rare for people to contract the disease from other sources. The vast majority of mesothelioma cases are settled out of court, and a few cases are not brought to trial in any way. If a trial is held, a jury may award compensation to victims in the amount of millions of dollars. In some cases, more money is granted. Mesothelioma patients and their lawyers often negotiate with defendants to reach the highest possible settlement. A large part of this is due to the fact that businesses that have been found to be responsible for asbestos exposure have set up trust funds that have estimated amounts that be used to pay for victims' medical bills and other damages. The defendants in a mesothelioma trial have the time to address the claims made by the victim or her lawyer. They usually deny responsibility or claim that the victim is responsible for their injuries. For example they could claim that the victim was a smoker or was exposed to asbestos while working in another job. A trial can last for a long time and can vary depending on the number of defendants, the place the case takes place and the amount of evidence that is presented to a jury. Trials for mesothelioma may last up to 18 months, sometimes even longer. Trials can prove beneficial to victims as they demonstrate the defendant's negligence or improper behavior. If you or someone close to you has been diagnosed with mesothelioma, you should speak with an attorney who specializes in mesothelioma. They will discuss the case and decide whether it is best to settle or to go to trial.