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How to File a Mesothelioma Asbestos Claim Compensation is due to those who have been diagnosed with mesothelioma or any other asbestos-related diseases. A mesothelioma attorney with experience can assist victims in obtaining the highest amount of money. Other forms of financial aid are also available to individuals. Workers' compensation, for example could assist with medical costs. Mesothelioma funds could also be an income source. Statute of Limitations The asbestos-related victim has a short time frame to file a claim or else they could lose compensation. The statutes of limitations differ according to state, but the majority are between a couple of years. The statute of limitations may also be affected by other factors, such as the state where the victim lives, the date of diagnosis and the location in which they were exposed. The time between diagnosis and treatment for mesothelioma, asbestos-related cancers and other illnesses is long. Patients may not show symptoms or even realize they are suffering until years after their first exposure to toxic substances. Due to this, the statutes of limitations “clock” starts on the patient's diagnosis instead of the date of exposure as used in other personal injury cases. This rule is known as the discovery rule, which allows victims to make a full recovery faster. It is essential that victims work with an attorney who has experience and understands the mesothelioma limitations laws in every state. A knowledgeable mesothelioma attorney will help clients to avoid missing the deadline, which is crucial for getting compensation. A disease caused by asbestos can change the lives of sufferers and their families. In this regard, patients should file a mesothelioma lawsuit as soon as possible to ensure they receive adequate compensation to pay for medical bills and other expenses. Depending on the location you live in, victims may be eligible to bring a personal injury lawsuit or a wrongful-death lawsuit. Personal injury claims are filed by diagnosed patients as well as wrongful death suits are filed by family members who have lost a family member to mesothelioma or another asbestos-related disease. The statutes of limitation for wrongful death cases are typically shorter than the statutes of limitations for personal injury claims. The exact deadline for filing wrongful death claims varies according to state, but in most cases, the wrongful death suit must be filed within one year of the date of the victim's death. How to File a Claim The first step in filing mesothelioma lawsuits is hiring a skilled attorney. Top lawyers work on a contingency basis which means they only get paid if they obtain compensation for their clients. They research asbestos-related employers and companies to determine where the victims came into contact with asbestos and what types of employment they had. Mesothelioma patients may file a lawsuit for personal injury or a trust fund claim for financial compensation. Lawyers can help the family members and victims determine which claim is most beneficial to them. The outcome of a lawsuit could be settlement or a verdict by a juror. Settlements usually offer families and victims with more money than a trial would. However, some victims decide to reject the settlement and instead pursue a trial to receive higher damages. A mesothelioma attorney will explain the pros and cons of each choice to their client. Compensation from a mesothelioma suit can help victims pay their medical expenses, and maintain financial stability. In many cases, victims are also eligible to receive government benefits. 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 help pay for living expenses. Patients' families of mesothelioma patients who have passed away can file a lawsuit for wrongful death in order to seek compensation for funeral expenses, loss of companionship, and emotional distress. The wrongful death lawsuits could result in a jury verdict or a settlement, just as personal injury lawsuits. Mesothelioma is a very complex disease that can cause a multitude of impacts on the life of a patient. Lawyers will take the time to carefully examine the entire details of a patient's case and come up with the best strategy for compensation. They will assist victims and their families in obtaining all the evidence necessary to establish a solid case against asbestos companies. They will utilize this information to negotiate for a fair and just settlement with the defendants. If no settlement can be reached, the lawyers will prepare to present the case for trial before the jury. Settlements Many asbestos victims receive financial compensation via a settlement. The compensation can be used to pay for medical costs loss of income, as well as other intangibles such as diminished quality of life. It is important to hire mesothelioma lawyers, since the process is complex and laws vary between states. A lawyer will look over the case and determine which companies are accountable for asbestos exposure. Your lawyer will look through company documents to determine which companies used and produced asbestos-containing products. Many of these asbestos-related companies are no longer in existence and have either shut down or gone bankrupt. However, a few did set aside money in bankruptcy proceedings to compensate future asbestos victims. Your lawyer can help you bring a suit against these trusts. The amount of the settlement is contingent on a number of factors, such as how long you've been exposed to asbestos, and your personal mesothelioma diagnosis. Mesothelioma lawsuits are complicated and lengthy, requiring detailed evidence that demonstrates asbestos was a risk to health for companies but failed to warn workers and consumers. Therefore, defendants often choose to settle rather than risk a trial and possible loss of a large judgment. During the discovery phase of litigation Your mesothelioma lawyer is going to request details from defendants. Boston asbestos attorney could include documents from the company and depositions made by former managers and workers. Your attorney will analyze the evidence to determine the strength of your mesothelioma lawsuit. If a mesothelioma lawsuit goes to trial, the judge or jury will decide on the amount the defendant is required to pay. asbestos patients might be able to receive a better settlement if they file part of a class action lawsuit. However, this type of lawsuit is becoming less common since a 1997 ruling by the U.S. Supreme Court against certifying asbestos classes, as the court determined that there were too many differences existed between people who have similar exposure histories to warrant one class action. The attorneys at Weitz & Luxenberg have helped hundreds of patients with mesothelioma lawsuits. They have a deep understanding of the different types of mesothelioma cases and can provide you with a detailed explanation of your options. They also have a network of highly skilled resources to assist in your legal case. Contact us today to begin. Trial Asbestos victims and their family ones deserve compensation after the diagnosis of mesothelioma. This compensation will help families pay for necessary treatment and ease the financial burdens of a difficult time. The success of mesothelioma lawsuits will enable victims to live a more fulfilling life. Mesothelioma is a fatal illness that affects the lung's lining or abdominal cavity, also known as the mesothelium. Exposure to asbestos, a carcinogenic material, is the most common cause of the disease. It is rare for people to contract the disease from other sources. The vast majority of mesothelioma claims are settled outside of court, and a few cases are not brought to trial at all. If a trial takes place, a jury may award compensation to victims worth millions of dollars. In some cases, more money is given. Mesothelioma victims and their lawyers typically seek the highest settlement with the defendants named in a lawsuit. The reason for this is due to the fact that companies who have been found to be responsible for asbestos exposure have established trust funds with estimated amounts that will be used to pay for the medical bills of victims and other damages. When a mesothelioma case goes to trial, the defendants have a certain amount of time in which they have to respond to the claims made by the victim or their lawyer. They usually deny responsibility or claim that the victim is responsible for their injuries. For instance they could argue that the victim smoked or was exposed to asbestos while working at another job. A trial can be lengthy and can vary depending on the number of defendants, the location in which the trial is held, and how much evidence is presented to jurors. In general, mesothelioma trials last a minimum of 18 months but can last longer than that. Trials can be beneficial to victims as they show the defendant's negligence or wrongdoing. If you or someone you love has been diagnosed with mesothelioma, you should speak with an attorney for mesothelioma to discuss the case and determine whether it is better to settle the case or go to trial.