Settlement amounts may depend on:
- A claimant’s diagnosis and medical history of the victim
- The no of companies sued by the victim
- Where(location) the claim is filed
- Medical bills, Lost wages, and other expenses for claim
As a special case, an experienced and eminent mesothelioma attorney can build your case and negotiate settlements on your behalf. They can also assist you know the statute of limitations for the state where you file a claim.
Rudimentary Myths about Mesothelioma Lawsuits
Many people hesitate to file lawsuits because they think it will take much for them to get compensation amount. It can be a length process to win the case, but most mesothelioma lawsuits end in settlements, which provide compensation in less than 90 days. There are some trust funds that can aid you to a quick compensation process if you are eligible for the same.
Second myth is that there can be no justice from a company that is closed permanently. Even if the old party sold the company to a new venture, in that case new venture must take over the pending lawsuit. If the company went bankrupt, there is a better probability they have already set up an asbestos trust fund to compensate victims who file against them.
Mesothelioma Death Lawsuits
There are two types of mesothelioma-related lawsuits: personal injury and wrongful death. Wrongful death lawsuit occurs only when a family member files on behalf of other victim who had died from their asbestos-related disease. Personal injury claim on the other hand, is filed on behalf of yourself if you have an asbestos-related illness or on behalf of a family member who is too ill to personally file the case.
Mesothelioma Lawsuits Class Action
Class action Mesothelioma lawsuits are filed by huge groups of victims, but these are not common in cases of asbestos exposure. A common scenario for a class action suit is when there was a company that knowingly exposed a large number of people to asbestos without warning them of the risks. Manufacturing, shipbuilding, construction, and mining companies are examples of defendants in asbestos class action lawsuits.
I lost a loved one to mesothelioma years ago. Can I still file a lawsuit?
Every state has its own set of regulations limiting the amount of time you have to file a mesothelioma lawsuit. These regulations can range from 1 – 6 years by state, and some states even have different deadlines for personal injury claims and wrongful death claims. An edifying news is that victims of asbestos disease can generally file a claim in any state where they have dwindled, worked, or served in the military, giving you more options and possibly extending your overall timeframe.
Even if the statutes of limitations have passed to file a lawsuit, you still may be able to receive financial assistance in one or more other ways:
- Trust funds set up by companies that have admitted liability for asbestos exposure
- Veterans’ benefits if you served in the military
- Workers’ compensation, even if you are already retired
To understand all of your filing options and the deadlines, better contact a lawyer who is knowledgeable and has the broad experience to handle the case.
I don’t know where/how I was exposed to asbestos. Who do I sue?
One of the first tasks your mesothelioma legal team will execute is review the personal history. They will ask about:
- Where you have lived, traveled, and attended school
- What companies you worked for and what jobs you held there
- Whether you served in the military and what bases or ships you were stationed on
- Any other related details about your asbestos exposure
Your lawyers also will help you gather documentation to provide more details about each of these things, including employment records, union membership, military service records, etc.
Based on these information, they determine where and how you may have been exposed to asbestos by comparing the personal history to a list of known exposure sites and asbestos companies.
What if I’ve never worked for an asbestos company but still have mesothelioma?
Woefully, it is becoming very common that people who never worked at an asbestos company are developing mesothelioma. Exposure can occur at any place, including:
- Nearby mining or manufacturing facilities
- Naturally occurring asbestos deposits
If you have a family member who has worked at a company that produces or uses asbestos products, you could even be at risk of second-hand exposure. For example, as a small kid Heather von St. James was exposed to the dust brought home on her father’s jacket from a factory, and she developed mesothelioma in her mid-30s due to that.
Since the only known cause of mesothelioma is asbestos exposure, if you are diagnosed with mesothelioma, then asbestos exposure must have occurred at some point in your lifetime. A lawyer with experience in such cases can help you discover where that exposure occurred and hold the responsible parties liable.
The asbestos company where I worked has gone bankrupt or been bought by another company. Is it too late to get compensation?
Starting in the 1970s, after the link between asbestos and mesothelioma was identified a decade earlier, companies began to go bankrupt due to the high numbers of lawsuits being brought against them for personal injury and wrongful death. As a result, U.S. courts started requiring companies to set up asbestos trusts to pay both current and future claims brought against them.
Currently, there are as many as sixty numerous asbestos trusts that have been established to pay claims for mesothelioma related diseases. Every trust has their procedures, so having an attorney who has successfully negotiated with asbestos trusts in the past is the best way to receive compensation.
In many cases where an asbestos company has been sold to another company, it may be possible to bring a lawsuit against the parent venture for damages its subsidiary was responsible, if an asbestos trust fund does not already exist. Talk to an experienced lawyer to determine whether filing a legal complaint is the optimal way to receive compensation.