Mesothelioma Lawsuit Compensation
A mesothelioma lawsuit could result in compensation for victims to pay for medical expenses, lost wages and other expenses. Personal injury and wrongful death claims are the most common types.
Compensation can be awarded in the form of a settlement or trial verdict. Settlements are preferred over trials which can be lengthy and complex.
Statute of limitations
Mesothelioma, an asbestos-related cancer affects the mesothelium. This is an extremely thin layer that protects important organs in the body, like the lung. It is caused by exposure to harmful asbestos, which is often found in workplaces such as factories and power plants. The disease can be seen anywhere between 10 to 40 years. This time frame can have a significant impact on the statutes of limitations which are the legal deadlines that determine when a victim can make claims for compensation.
Each state has its own statute of limitations for filing asbestos-related claims. The standard statute spans between two and three years. The timeframe could be shorter depending on the location of the asbestos exposure and whether the victim is pursuing a trust fund or personal injury lawsuit. Mesothelioma lawyers are adept at helping victims understand how statutes of limitations apply to their particular cases.
Generally speaking, the statute of limitations for filing personal injury lawsuits starts counting down after the mesothelioma diagnosis has been confirmed. It could take as long as one full year for mesothelioma patients to receive confirmation from an expert doctor that their asbestos-related illness is real. There is an exception known as the discovery rule which allows the time limit to start at the date the patient was diagnosed with mesothelioma but not their asbestos exposure.
For those whose loved ones have died from mesothelioma or other asbestos-related illnesses, there is still hope for justice. Family members can bring wrongful death lawsuits on behalf of relatives who died. A knowledgeable mesothelioma attorney will review a loved one's work background, identify their potential exposure locations and explore all options for financial compensation.
Damages
Patients diagnosed with mesothelioma or other asbestos-related diseases may file lawsuits against the companies accountable. Compensation can aid victims and their families pay for medical expenses, loss of income and other costs associated with the disease. Asbestos victims can also receive the right to be compensated for wrongful death in certain instances.
Compensation awarded in mesothelioma cases is contingent on the particular circumstances of the individual and could comprise a variety of damages. Compensation includes compensation for a victim's medical expenses as well as loss of income, suffering and pain. The mesothelioma average settlement is $1 million and the average verdict at trial is $2.4 million.
The filing of lawsuits against companies that knowingly exposed workers to asbestos may hold these companies accountable and help ensure that victims receive the financial aid they require. A mesothelioma attorney can help you decide the best way to pursue compensation.
The best mesothelioma lawyers in the country provide free consultations and reviews of cases. During these meetings a mesothelioma lawyer will evaluate your case and offer suggestions regarding the best way to proceed. The lawyers at these firms work on a contingency fee basis, meaning that there aren't any upfront costs and you pay only when you receive compensation.
Asbestos litigation is complex and the timeframe for filing a lawsuit can differ greatly. However there have been many cases of victims who been awarded compensation as a result of their asbestos exposure. Here are a few examples mesothelioma lawsuits and verdicts:
Preparing for trial
After obtaining information regarding your mesothelioma, and identifying the defendants the lawyer will file the lawsuit. mesothelioma cases lawsuit will have a certain time to respond. This could be a long process. The next step is the discovery phase, during which both sides question witnesses and exchange evidence. This can last several months or even longer, depending on the extent of the case as well as the number of defendants.
During the discovery phase, your attorney will investigate other possible sources of exposure, like your former employers, family members, and military service documents. This will help you identify the parties responsible and when asbestos was exposed. Your lawyer can also recommend experts to help you with your case. Your lawyer may organize for you to have a loved one participate in depositions, which are an oral testimony under oath by a witness. It is typically held in a courtroom, and will require you to answer questions from the opposing counsel. Your lawyer will prepare for this and explain beforehand what questions opposing counsel might ask.
Your mesothelioma lawyer will prepare for a trial if the defendants refuse to settle. The trial can be lengthy, but your lawyer will strive to achieve an equitable settlement for you. If you win, the jury will award you monetary compensation. But, it is important to remember that the verdict could be overturned or reduced in the future.
If you or someone you love has been diagnosed with mesothelioma, contact Galiher DeRobertis & Waxman to discuss your legal options. We deal with mesothelioma cases on a contingency basis, which means that we will only be paid if we are successful in recovering compensation for you.
Settlements
Settlements in asbestos lawsuits provide compensation to asbestos victims as well as their families. These settlements cover medical expenses, lost income, and more. However, the amount of money that can be derived from a settlement is contingent on a variety of variables. The amount of companies involved will influence the settlement amount. In addition the state in which the claim is filed may influence the time required to receive the settlement. A mesothelioma lawyer can explain these and other aspects to help a patient decide if an appeal or a settlement is the best option for their situation.
Most cases in the United States are settled before they go to court. The majority of settlements occur outside of court and are based on a financial sum that is agreed upon by both parties. In contrast, mesothelioma cases typically result in higher awards. However there is no guarantee that a juror will be in the favor of plaintiffs.
A mesothelioma lawyer may be able to help get asbestos lawsuit settlements, or a jury verdict. The attorneys can review the evidence, collect details about the defendants and then draft an official complaint. Mesothelioma claims may be a source of conflict for multiple defendants, such as asbestos manufacturers and other parties who may have exposed their workers to asbestos.
Settlements and trials that involve asbestos are complex legal issues. The mesothelioma lawyer must review the evidence and submit the lawsuit promptly. This can require a detailed review of medical documents, financial and employment documents, legal research and more. It is not uncommon for it to take a long time to reach a definitive verdict in a mesothelioma-related case. A mesothelioma lawyer is familiar with these types of litigation and can make it as simple as possible for clients.
Verdicts
A verdict is a financial award handed out by a juror or judge in a legal proceeding. A mesothelioma case that is successful may result in verdict awards for victims or their surviving relatives. These awards can include restitution of medical expenses, lost wages, discomfort and pain.
Mesothelioma lawyers can help their clients get the most compensation from lawsuits. They can also assist with other types of asbestos claims. For example, veterans suffering from asbestos exposure on the job can file a mesothelioma claim for monthly reimbursement from the VA. Asbestos sufferers may also be entitled to workers' compensation from their employers.
The majority of mesothelioma cases end up in court before reaching trial. However, there are exceptions. A plaintiff lawyer may use the defendant's history of asbestos litigation to their advantage during the discovery process to convince the defendant to settle.
The amount of a jury's award is determined by a variety of factors. The severity and stage of the disease play an important part. Other factors include a person's mesothelioma type and experience of exposure. Mesothelioma and other cancerous diseases are generally granted more than conditions that are not cancerous like asbestosis.
Some notable verdicts in mesothelioma cases include a $250 million award to a former steel plant worker with peritoneal mesothelioma, and a $120 million settlement to a woman who developed mesothelioma pleural from the talcum powder she used. The value of a mesothelioma claim can change as time passes. For instance, some verdicts have been reversed or lowered following appeals. However, this is not common. The mesothelioma average payout is between $1 to $1.4 million. The amount can differ based on the state and case specifics.