If you have been exposed to asbestos and have developed mesothelioma, or have recently lost a loved one to an asbestos related cancer, we can help. Our years of experience with mesothelioma litigation will provide the support you need to get the compensation you deserve.
Successful mesothelioma lawsuits serve several purposes. Lawsuits can provide necessary funds for treatments that may not be covered by insurance. Family members of the victim can file a wrongful death claim against the companies that knowingly exposed their loved one to asbestos.
The first step to a successful lawsuit is getting the best legal representation available. Attorneys who specialize in mesothelioma litigation understand the complexity of each individual case and can help you decide if a lawsuit is your best path forward. Additional options for financial compensation include filing a claim on a bankruptcy trust fund and VA claims.
Filing a Lawsuit
If you or a family member have been diagnosed with mesothelioma or asbestos-related cancer, a lawsuit can provide much-needed financial assistance for medical treatment and long-term financial security.
Personal injury claims and mesothelioma wrongful death claims also hold asbestos manufacturers responsible for their negligence.
Mesothelioma litigation can be complicated, but qualified mesothelioma attorneys can guide you through the process. Since many asbestos-cancer cases are settled out of court, most mesothelioma victims do not have to go through court proceedings.
Statute of Limitations
In courts across the United States, statutes of limitations restrict the amount of time claimants have to file legal claims. The statutes of limitations for asbestos-related cancer claims are determined by the states where the responsible companies are located.
The courts allowed mesothelioma victims to file claims based on their diagnosis day, rather than the time of their injury. This is particularly helpful because the disease take 20 to 50 years to develop. It is important to move quickly after a diagnosis to file a court claim.
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Class Action Lawsuits
Beginning in the 1960s, mesothelioma and asbestos-cancer class action lawsuits brought together similarly injured people for group legal claims. But after judges decided the injuries were too different, victims hired individual attorneys for separate lawsuits.
Today, asbestos-related claims are consolidated into multidistrict litigations (MDLs), which is a legal proceeding that streamlines the early hearings and discovery but allows each case to be heard on individual merits.
Mesothelioma attorneys who specialize in MDLs understand the complicated process to provide clients with the best financial outcome.
Choosing a Law Firm
A mesothelioma attorney should be more than the legal expert who understands the inner workings of asbestos-related litigation and has a successful track record. Your mesothelioma attorney should be a trusted partner in your future.
Mesothelioma attorneys can help you understand all of your compensation options and should have experience, expertise and access to the best resources for a successful outcome. Because every claim is different, your attorney should treat you and your family with compassion and caring.
Most asbestos-related court cases never make it to trial. Negligent companies would rather avoid the hassle and publicity, so they settle out of court.
Legal experts say the average court settlement is about $2.4 million, but there are no guarantees of financial compensation.
Compensation often depends on a number of factors, including the plaintiff’s diagnosis and the perceived liability of the negligent companies. Ultimately, asbestos-cancer patients should consult with a qualified mesothelioma attorney before deciding to settle out of court or take a case to trial.
- RAND Institute for Civil Justice. Links Between Asbestos Bankruptcy Trusts, Tort Cases Examined. Retrieved from http://www.rand.org/news/press/2011/08/18.html