We can help you file your Mesothelioma lawsuit. Deciding to file your Mesothelioma lawsuit is the most important first step in the legal process. An experienced Mesothelioma lawyer can help you file a lawsuit against asbestos companies to get you reparations for wrongful death, future medical expenses, pain and suffering, loss of spousal support, loss of parental care, and loss of income associated with a diagnosis of Mesothelioma and asbestos-related cancers.
U. S. courts have determined that Asbestos companies and employers can be held liable for injuries that developed as a result of exposure to asbestos-containing products. Multi-Million dollar verdicts are being handed down by U. S. courts against asbestos companies who knew as far back as 1920 of the risks associated with breathing deadly asbestos fibers.
Most Mesothelioma victims are given 12-18 months to live after being diagnosed. Mesothelioma victims and their families are eligible to file a lawsuit against negligent asbestos companies to recover compensation for their damages.
Always remember that time is of the essence when filing a Mesothelioma lawsuit. Mesothelioma lawsuits have strict Statutes of Limitations to file your case after diagnosis.
Mesothelioma Lawsuit – Settlements
The value of your Mesothelioma lawsuit will depend on how many asbestos-containing products you were exposed to, the number of defendants (asbestos companies) available, your age, earning capacity and overall health. Mesothelioma cancers are clearly linked to asbestos exposure.
There is a long history of asbestos companies lying, deceiving, cheating and conspiring to conceal the dangers of asbestos exposure from their workers. It is a documented fact that many asbestos companies knowingly kept their workers in the dark and misled them about safety measures that could have prevented them from getting Mesothelioma and other asbestos-related diseases. A Mesothelioma diagnosis brings financial stress, loss of income, medical expenses, and treatments that may not covered by health insurance. Filing a Mesothelioma lawsuit can help with these added expenses.
Mesothelioma Lawsuit – Burden of Proof
The burden of proof in a Mesothelioma lawsuit is the responsibility of the person suffering from Mesothelioma (the plaintiff) to provide the documentation and information about their diagnosis and past exposure to asbestos-containing products. A Mesothelioma diagnosis alone does not implicate an old employer.
The main question that will determined in a Mesothelioma lawsuit is the risk of exposure where you were exposed. There must be a clear link between the employer, a product and a diagnosis. The laws regarding liability in a Mesothelioma lawsuit are very complex. Many of the original asbestos manufacturers have declared bankruptcy, changed their names, moved out of the U. S. or gone out of business. A Mesothelioma lawyer can help indentify which asbestos-containing products you were exposed to and which defendants you can file your Mesothelioma lawsuit against.
Before the petition/complaint is filed, your Mesothelioma lawyer will meet with you to document your medical and work history. You will be asked for your medical records, social security records, and work history records. You may also be asked to take other medical tests or be seen by a Mesothelioma specialist to help with your case. Once your lawyer has gathered all the facts of your case a petition/complaint will be filed with the court.
After the petition/complaint has been filed, the asbestos company’s lawyers will have a right to see your medical records, your work history records, supporting documents and may choose to interview you through depositions. Your lawyer will always be there to help you and will advise you on the legality of the questions that are asked by the asbestos company’s legal team and whether or not you have to answer them.
Mesothelioma Lawsuit – The Legal Process
A Mesothelioma lawsuit begins when your lawyer files the petition/complaint with the court and a copy of the petition/complaint is served to each defendant listed in the case. Each asbestos company (defendant) then has a specified amount of time (usually within 30-60 days) in which to present an answer to the court where your petition was filed.
Once the defendant’s answers are filed with the court a trial date will be set. The trial date will depend on the court calendar and the backlog of cases. Usually a trial date is set for a few months from the filing date. In many states that involve a living plaintiff suffering with malignant Mesothelioma they are moved to the front of the line of the court calendar.
As your trial date approaches lawyers for both sides will begin negotiations for a settlement that works for sides. Your Mesothelioma lawyer will bring you any settlement offers from the asbestos companies and counsel you on whether or not to take an offer. Many Mesothelioma and asbestos-related cases are settled out of court before the trial begins, but many are not.
Filing a Mesothelioma Lawsuit
A settlement from a Mesothelioma lawsuit can help cover the high medical costs and medical care for your Mesothelioma treatment. A Mesothelioma lawsuit can be filed by any person who has been diagnosed with Mesothelioma from exposure to asbestos. In the event that the person passes away from Mesothelioma a wrongful death lawsuit can be filed by family members or the executor of the deceased’s estate.
Mesothelioma lawsuits are filed in multiple states in which you have the best chance of success and where you are likely to get the highest settlement. If a case goes through to trial, it will receive a jury verdict that could be appealed by the asbestos company’s named in your complaint.
Mesothelioma Lawsuit - Asbestos Bankruptcy Claims
In past 40 years more than 6,000 asbestos companies and manufacturers have been named in asbestos related claims by more than 800,000 asbestos exposure victims. Mesothelioma and other asbestos related cancers can have a latency period of 10 to 50 years.
During this time many asbestos companies have filed for bankruptcy protection. As part of their bankruptcy reorganization these asbestos companies have set aside funds for future asbestos victims in trust funds. Today it is estimated that about 20 billion dollars are in Asbestos Trust Funds. Typically, settlements from Asbestos Bankruptcy Funds are smaller than cases that are brought to trial.
Mesothelioma Lawsuit - Representation Fees
Mesothelioma Lawsuits are very expensive to bring to trial. If a Mesothelioma lawyer asks you for money to help with expenses for your case you should run the other way. All Mesothelioma and asbestos-related cases are “contingency-based cases”. This means no out of pocket expenses to you or your family. Mesothelioma lawyers earn their money by winning your case against asbestos companies. They do not get paid unless you get paid.
When a settlement is reached, your lawyer is paid a contingency fee or percentage of the settlement, which is compensation for their time, travel, and other expenses incurred during your Mesothelioma case. Usually it ranges from 33-40% of the total compensation amount after deducting the expenses. Be sure to discuss the matter of fees and payments that the contingency fees covered with your lawyer. This will save you any problems or questions that might occur later.
Mesothelioma Lawsuit - Free Consultation
Our Mesothelioma Lawyers offer you a free no-obligation consultation to determine the merits of your case. During this time, the attorney will be able to access your case and determine your chances for filing a successful Mesothelioma lawsuit. It’s important that you are honest with your Mesothelioma attorney and that you provide as much information as possible regarding your work history, asbestos exposure and current medical condition. During this time your lawyer will explain the legal process to you as it applies to Mesothelioma claims and inform you as to what your expectations should be for a successful outcome.
Victims in Mesothelioma & Asbestos-related lawsuits are entitled to damages including:
The value of your case will depend on how many asbestos-containing products you were exposed to, the number of identifiable defendants that still exist, your earning capacity and your age.
Residents and workers throughout U. S. were exposed to deadly asbestos dust and fibers with highest exposure years being 1940-1980. Mesothelioma and other asbestos-related cancers are diagnosed 10-50 years after your initial exposure. Many asbestos-containing products were used in Arkansas state buildings, commercial buildings, factories, manufacturing plants, and residential buildings.
Millions of U. S. workers and veterans were exposed to asbestos on construction jobsites, auto plants, power plants, shipyards, oil refineries, chemical plants, aluminum plants, steel mills, paper plants and asbestos manufacturing plants. For many American workers, the exposure went on for many decades. Millions of unsuspecting American workers went to work every day for years not knowing that they were being exposed to deadly asbestos fibers that would kill them decades later.
If you or a family member has been diagnosed with Mesothelioma or an asbestos related cancer we can help you start a Mesothelioma lawsuit against asbestos companies responsible for your injuries. Our nationwide Mesothelioma lawyers will come to you. Call our Mesothelioma Hotline Toll Free at 800.291.0963.
We have been working with Experienced Mesothelioma lawyers for more than 10 years.
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Victims in Mesothelioma & Asbestos-related claims are entitled to damages including:
Many Mesothelioma and Asbestos-related claims cases can be resolved without the expense and trauma of going into a courtroom. But some cannot. We help get your case resolved to your satisfaction, in or out of court, as quickly and painlessly as possible. We are here to help your family sort through the legal issues resulting from a diagnosis of Mesothelioma Cancer.
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