One thing is certain if you have been diagnosed with mesothelioma and are considering pursuing legal action: you need an accomplished asbestos attorney on your side to obtain the compensation you are entitled to. If there is a trial, a competent lawyer will represent you and make sure you receive the justice and compensation you are entitled to as an asbestos exposure victim.
The essential elements of mesothelioma litigation will be covered in this book, including deadlines, statutes of limitations, settlements, and more.
Period of Limitation
How long they have legally to file a lawsuit is a crucial factor that victims must take into account.
A statute of limitations is a legal provision that restricts the length of time you have after an incident to pursue a lawsuit. A lawsuit is barred and you cannot continue with it if it is not filed within the statute of limitations specified window of time. These laws are in place to advance justice and guarantee that legal action is conducted as soon as possible. For instance, if too much time has gone by since an event, the proof could not be available. If too much time has passed, it could be harder to find witnesses.
The statute of limitations for filing a lawsuit related to asbestos exposure may be based on either the date of diagnosis of an asbestos-related disease or the date of death brought on by one of these diseases because mesothelioma, lung cancer, and asbestosis frequently manifest many years after a person is first exposed to asbestos.
State-to-state variations in statutes of limitations are also possible. The proper statute of limitations for each lawsuit may vary depending on a number of variables, including the defendant’s residence, the time of exposure, the site of exposure, and the location of any potential asbestos firms. To determine if you have time to file a claim before the statute of limitations expires, we advise getting in touch with a law company with experience handling mesothelioma claims, like Cooney & Conway.
Mesothelioma lawsuit types
Which form of mesothelioma law to bring is one of the first decisions your attorney will make. Whether you are a victim of mesothelioma or a family member of someone who passed away from it will determine the type you choose.
Case for Personal Injury
The defendants in this kind of mesothelioma litigation are held accountable for the victim’s asbestos exposure and subsequent diagnosis. As the patient’s condition continues to deteriorate, a mesothelioma personal injury lawsuit is typically hastened since the patient needs to receive justice and recompense as soon as possible.
Suit for Wrongful Death
Those who have been exposed to asbestos may never be able to file a lawsuit, or they may not live to see the outcome of one. In these situations, family members have two options: they can launch a wrongful death lawsuit or continue the mesothelioma patient’s ongoing claim. Even though they could take longer than a personal injury claim to resolve, these lawsuits typically award money to pay for funeral and medical costs. They occasionally may also include compensation for discomfort and loss of companionship.
Mesothelioma Lawsuits: How Long Do Lawsuits for Mesothelioma Take?
- The time required to complete a mesothelioma case varies.
- The legal team you select to represent you;
- How you choose to pursue justice for your case;
- How the defendant’s legal team chooses to represent their client;
- Many other factors affect how long this litigation last.
To help you understand why the procedure differs from case to case, we’ll then go over a typical lawsuit timeframe.
Timelines for Mesothelioma Lawsuits
If you try to handle a mesothelioma lawsuit on your own or with a novice attorney, you may find that it is complicated and time-consuming. Contrarily, the timeline can proceed rather fast with a skilled mesothelioma attorney (as long as the defense doesn’t complicate matters by prolonging the procedure). Following the hiring of a legal counsel, the procedure goes as follows:
- Preparation and Filing: The phase of the litigation where information is gathered. Weeks to months may pass throughout this.
- Response: The defendant is given the opportunity to address the charge made against them. Typically, this lasts no more than 30 days. If they don’t answer right away, you might automatically prevail in court.
- Discovery: This step follows the defendant’s response and entails obtaining further evidence and building the case. Weeks to months may pass throughout this.
- Settlement vs. Trial: The majority of mesothelioma lawsuits are settled out of court. An average settlement can take 18 months.
What if a trial is held?
A trial, which often calls for a jury, can take longer than a settlement and is much more widely watched. A trial’s award is typically larger than a settlement. Trials involving mesothelioma and asbestos can drag on for years. However, the judge may decide to quicken the process if the victim is in critical condition.
Working with a mesothelioma law firm: What to Expect
Experts in everything linked to asbestos exposure and the diseases that result from it include mesothelioma law firms. Those who stand out from the rest have the following:
- Years of expertise in the sector;
- Databases of nearby sites with asbestos contamination and of nearby businesses that have willfully exposed individuals to asbestos;
- Teams of detectives who can identify the sources of your exposure, trace down the businesses at fault, and gather the evidence required for a convincing case
- understanding of all available choices, including trust funds for asbestos and VA benefits
- The capacity to make you feel at ease and well-cared-for
- Free case evaluations and no fees unless they prevail on your behalf (also known as a contingency fee basis)
What Takes Place Before the Suit is Filed
The following procedures will be followed by our knowledgeable legal team as they guide you through the mesothelioma lawsuit filing process:
- Identifying the manufacturers and businesses at fault: Keeping a record of the things you used that contained asbestos and the manufacturers of those products (which can be challenging because asbestos sufferers don’t realize they’ve been exposed until their diagnosis comes 10–50 years later)
- Making a claim for mesothelioma Your asbestos exposure may have been caused by multiple companies, which might boost the value of your claim. Once your attorney is certain they have a solid case constructed, they will determine all the specifics of your case and file the claim on your behalf. They’ll either submit a claim for personal injury compensation, wrongful death compensation, asbestos trust fund compensation, or VA benefits.
- Negotiate a settlement on your behalf: Your law firm’s objective will be to settle your lawsuit as quickly and for the most money as feasible. This is frequently accomplished through a settlement. Settlements typically provide victims with between $1 to $1.4 million in total compensation, and payments are made in less than a year. This can change depending on a variety of case-related circumstances.
Compensation from mesothelioma settlements is typically given to pay for:
- Lost wages;
- Medical care;
- Transportation costs to and from care;
- Funeral costs (in the case of a wrongful death lawsuit);
- And a variety of other costs that may have followed from your diagnosis.
Due to the high cost of trials and the desire of most businesses to avoid them, mesothelioma settlements are more frequent than mesothelioma trials. Although less than 5% of cases get to trial, and of those that do, not all of them result in a positive judgment for the mesothelioma sufferer, trial verdicts can frequently result in greater payments for victims. Trials involve a lot more risk than settlements do.
Settlements for Mesothelioma: The Real Story
A defendant’s attorney will almost always attempt to settle the case prior to trial because they are aware that doing so could result in their clients losing more money. They also realize that in a mesothelioma case, time is not on the side of the patient, therefore they frequently make paltry offers up front in an effort to persuade the patient to settle the case fast and end it.
It’s not a good idea for a patient or loved one to handle these legal matters for this reason, as well. Without an experienced mesothelioma attorney, you run the danger of accepting a lowball offer since you might not know how much your case is worth. A mesothelioma attorney can provide you advice on settlement offers and will know what is reasonable for your circumstance (or advise you to go to trial). To ensure that you reach a fair settlement as soon as possible, they will make every effort to prevent any delays.
For clients with mesothelioma, settling out of court is frequently the quickest alternative available, and it is frequently required for people with advanced mesothelioma. A qualified mesothelioma attorney can frequently obtain a fair settlement offer for their client, avoiding the need for a trial. Going to trial is typically only required if the defendant and their attorneys are being tough and refuse to offer the victim fair compensation through a settlement and the victim has no other options.
Getting Reimbursement from Trust Funds for Asbestos
Compensation through an asbestos trust fund is an additional choice that you can pursue legally with the aid of a lawyer. These trust funds were established by asbestos exposure-related corporations who were so heavily sued that they had to file for bankruptcy and create a trust fund to pay victims. An experienced mesothelioma attorney will have a list of these businesses and the trust funds that have been established, and they may assist you in deciding which of them you can take advantage of.
If you have been diagnosed with mesothelioma, you need to be able to concentrate on treating the illness rather than managing legal paperwork, research, and meetings with defending attorneys. While you concentrate on what’s important, a mesothelioma and asbestos attorney can handle everything. You won’t have to worry about the expensive medical costs or potential loss of income after you obtain compensation.
Mesothelioma is one of many types of specializations that lawyers can have. Lawyers and law firms that specialize in mesothelioma cases represent people who were exposed to asbestos and later were diagnosed with the disease. To be able to pay for their ongoing medical expenses for the rest of their lives, mesothelioma victims must obtain financial compensation from the companies that knowingly exposed them to asbestos.
If you have mesothelioma, you probably already know this because your doctor ought to have told you what your life will be like moving forward. It is essential to have attorneys from a mesothelioma law firm on your side if you want to receive the highest amount of financial compensation for your situation and avoid future financial stress.
Attorneys for Mesothelioma in Chicago
A knowledgeable mesothelioma lawyer at Cooney & Conway can assist you in pursuing legal action and guiding you through the legal process if you or a loved one has been diagnosed with the disease.
Our mesothelioma legal team can:
- File a complaint with the authorities against the businesses and producers who exposed you to asbestos.
- Determine your legal possibilities for obtaining compensation to assist with paying for your medical expenses and providing for you and your family.
- Offer you assurance as they guide you through each step of the procedure and act as your strongest supporters.
You and others shouldn’t have to endure the consequences of the decisions that numerous industries made when they willingly permitted the widespread use of asbestos. Manufacturers of asbestos-containing items were aware of the hazards, hid them, and kept selling their goods until they were exposed. Our knowledgeable mesothelioma law firm can assist in bringing those responsible to justice and obtaining recompense for the suffering you’ve undergone.
Are you prepared to begin the process with our Chicago mesothelioma law firm? We have a sizable team that is prepared to start working on your behalf and who will be at your side at every turn! To get started, complete the free case evaluation form below.