How Long Does an Asbestos Claim Take?
People who have been diagnosed with an asbestos-related illness may seek compensation from the companies that are responsible for their exposure. Individuals may file personal injury or wrongful death claims in order to receive damages.
These compensations help victims and their family members pay for medical costs, lost wages and other expenses related to their illness. How long does it take to complete an asbestos claim?
Statute of Limitations
Each state has its own laws that establish an expiration date, also known as the statute of limitations for personal asbestos-related injuries and wrongful death claims. A mesothelioma attorney can help you ensure that the statute is not missed, so you can seek financial compensation.
A lawyer can establish the state law that is applicable to the client's situation. This is influenced by the type and location of the disease and other aspects. For instance, certain states have different statutory periods for asbestos-related illnesses such as mesothelioma and lung cancer because these diseases do not appear immediately after exposure. The clock for the statute of limitations starts when a person has been diagnosed with an asbestos-related disease not the date of exposure.
Asbestos cases are usually subject to a process of discovery, where the parties share documents and information to strengthen their respective positions. It can take months. Mesothelioma lawyers are familiar with the process and can assist victims in requesting documentation from asbestos companies, for example, documents of asbestos removal or other forms of work.
The timeframe for an asbestos claim also depends on the court that hears it. Certain courts have asbestos departments that are able to handle cases faster. Many courts mix asbestos cases in with other legal proceedings, which could lead to delays.
An experienced attorney can build an effective case to obtain the financial compensation you deserve for the harm you've suffered as a result of your exposure to asbestos. You could be entitled to a reimbursement for medical bills as well as living expenses, disability insurance, home care, loss of income, funeral and burial expenses in the event that a loved one dies from an asbestos-related illness, and much more. Your mesothelioma lawyer will know how to quantify your pain and suffering when you present a settlement demand to the defendants.
It is important to speak with a mesothelioma lawyer immediately following your diagnosis. Even if your statute of limitations is up, an attorney will still be able to review your case and give you suggestions on other avenues to seek compensation. For instance, certain manufacturers have created trust funds that provide compensation to asbestos victims and their families.
Filing a Claim
Asbestos lawsuits are different from the majority of personal injury claims. Typically, the statute of limitations "clock" starts ticking when an injury or illness occurs. In asbestos-related claims asbestos exposure is often decades before the diagnosis. Due to this the possibility that victims will have to go through an extended legal process before they receive compensation.
There are a variety of factors that determine how long a mesothelioma case takes depending on the complexity of the case and the defendant(s). Waukegan asbestos lawyer takes to resolve a case the more defendants there are. The plaintiff's past history of exposure, health and work can affect the timeframe.
Completing the paperwork is an essential step to file a lawsuit for mesothelioma. This includes submitting your medical records, employment history, a mesothelioma diagnosis, and any other documentation to prove your claim for damages.
After the paperwork has been filed the victims have to wait until the defendant(s) respond. It could take a few weeks or even months depending on the circumstances. In this stage it is crucial to have a mesothelioma attorney on your side that understands the intricate litigation processes involved in this type of claim.
After receiving the answers, the lawyer representing the plaintiff will arrange a pre-trial meeting and begin the discovery process. This involves seeking documents from the responsible party, taking depositions and examining witnesses. This aspect of the case is time-consuming but is essential to the development of a strong argument for damages.
The size of the asbestos trust fund that is being accessed will also affect the time required for a victim to receive compensation. Tens of billions of dollars have been set aside for compensation of people who have been who have been diagnosed with mesothelioma and asbestos-related illnesses. Certain funds have rapid reviews that settle claims quickly and for a predetermined payout amount. There are other types of trust funds that evaluate cases on an individual basis and require longer to reach a resolution.
Settlement
Once the plaintiff and their lawyer have a convincing case, it is time to negotiate an asbestos settlement. The process is long and can take months, if not years. It's dependent on a variety of factors, including the nature and quality of evidence.
The amount of evidence of exposure is the most important factor in determining how long it will be to settle an asbestos lawsuit. Attorneys should gather all the relevant documents and information related to the asbestos exposure of the victim like medical records and employment history. They may also be required to obtain documents from the defendants and engage experts for testimony.
Asbestos victims can receive compensation for a wide range of damages including future and past medical expenses as well as pain and suffering and lost earnings due to illness. In addition an asbestos lawsuit that is successful sends a message to companies who put profit over workers in order to protect them from exposure to harmful asbestos-containing products.
It is important to have a seasoned asbestos lawyer by your side throughout the negotiation process. Your lawyer will do everything to secure the highest possible settlement for your case.
Another factor that influences the time required to settle an asbestos claim is the court that handles your case. Some courts have asbestos-specific departments that help move cases through the system quicker than other courts. Some courts mix asbestos cases with other types litigation, which could cause delay.
The final element that could determine the time it takes to settle an asbestos lawsuit involves the defendants' willingness to bargain. Most often, defendants will only be willing to pay fair compensation to the victims if compelled by law to offer compensation.
After the negotiations are over, the court will review and make a decision on the settlement. If the settlement is deemed acceptable by the court, the insurance company of the defendants will pay the victims. If the settlement is not approved, the victims may then request a trial. During this period, victims can either accept, decline or contest the settlement offer.
Trial
Based on the circumstances, it is possible for an asbestos claim to be settled without going to trial. This can drastically speed up the legal process and allow for settlement much earlier. A qualified attorney can help asbestos victims gather documentation and other information to create a strong claim.
Once an attorney has enough evidence, they will file against the defendant or asbestos trust. This is the beginning of the discovery process, in which both sides gather additional information from each other. This may include reviewing documents or depositions, and so on. After both parties have the chance to examine the evidence and decide whether they want to submit it to the court.
A significant portion of an asbestos lawsuit is a victim's request for compensatory damages. This could be a financial amount for suffering and pain as well as medical expenses, lost wages and many more. In certain cases, the spouse may be entitled to compensation because of loss of companionship. The amount of compensation depends on a variety of factors like the severity of the disease and the number of defendants involved.
If a mesothelioma patient has been diagnosed with a condition connected to asbestos, they should consult a law firm proficient in assisting them with filing an action. A mesothelioma lawyer can review a victim's work history and the location of their job sites to identify possible defendants. They can also aid victims in requesting money from an asbestos trust. Asbestos trusts usually offer either expedited or individual reviews. The former result in a faster settlement and the latter permits the case of a victim to be reviewed on its merits.
These trust funds are able to provide compensation to asbestos victims, even if their businesses have gone under or are closed. This is because the courts have required large asbestos trust funds to be established with the capacity to pay out claims in full. In some instances asbestos trusts are exhausted, and payments have to be divided. It is essential to find a mesothelioma lawyer who is skilled and able to work with asbestos trusts and other financial resources to ensure that victims receive the compensation they deserve.