How Long Does an Asbestos Claim Take?
Anyone diagnosed with an asbestos-related disease may seek compensation from the companies that were responsible for their exposure. To claim damages, people can make a personal injury claim or wrongful death claim.
These payouts help the victims and their families pay for medical expenses, lost wages, and other costs associated with their illnesses. How long does it take to investigate an asbestos claim?
Statute of Limitations
Each state has its own laws which establish a deadline, known as the statute of limitations, for personal asbestos injury and wrongful death claims. A mesothelioma attorney can help you ensure that the statute is not overrun, allowing you to pursue financial damages.
A lawyer can establish the state law that applies to the particular case of the client. This can be affected by the type and location of the disease, and other aspects. Certain states have different statutes of limitations for asbestos-related diseases like mesothelioma or lung cancer, because these illnesses do not manifest immediately after exposure. The statute of limitations clock starts when a person is diagnosed with an asbestos-related condition, not the date of exposure.
Asbestos cases often fall victim to a process of discovery, where both parties exchange documents and other information to strengthen their respective positions. This could take several months. Lawyers who specialize in mesothelioma have experience with this process and are able to help victims request documents from asbestos companies like the records of asbestos-related work or other types of jobs.
The timeline for a claim against asbestos is dependent on the court hearing the case. Certain courts have dedicated asbestos departments, and they can move cases through quicker than others. Many courts mix asbestos cases in with other legal proceedings that could lead to delays.
An experienced attorney will be able to create an argument that is strong for you to secure financial compensation. This is because asbestos exposure could cause severe damage. You could be entitled to compensation for medical bills, living expenses, disability benefits, home care loss of income funeral and burial expenses if a loved one died from an asbestos-related disease, and more. Your mesothelioma lawyer will be able to tell you how to account for your pain and suffering when you submit a settlement request to the defendants.
Contacting a mesothelioma lawyer when you are diagnosed is crucial. Even the time frame for completing your statute of limitations is up, an attorney will still be able to examine your case and give you suggestions on how to seek compensation. For instance, certain manufacturers have established trust funds that provide compensation to asbestos victims and their families.
How to File a Claim
Asbestos lawsuits differ from most personal injury claims. Typically the statute of limitations "clock" begins to tick when an injury or illness occurs. However, with asbestos claims, the exposure to asbestos often happens decades before the diagnosis. Due to this, the asbestos victims could face a lengthy legal process to obtain compensation.
The nature of the case as well as the defendants will determine the length of time required to settle a mesothelioma lawsuit. The longer it takes to resolve a case the more defendants there are. The history of the plaintiff's health, work or exposure can also affect the timeline.
Complete the paperwork is an important step in filing mesothelioma lawsuits. This includes submitting medical records, employment histories, a mesothelioma diagnosis report, and any other documents that support the claim for damages.
Once the paperwork has been filed the victims have to wait for the defendant(s) to respond. This can take up to a few weeks or months, based on the circumstances. In this phase it is crucial to have a mesothelioma lawyer on your side who is aware of the intricate litigation procedures that are involved in this kind of claim.
After receiving the responses, the plaintiff's lawyer will schedule a pre-trial conference and begin the discovery process. This involves seeking documents from the party responsible, taking depositions and questioning witnesses. This part of the case can be very time-consuming, however, it is essential to the creation of a convincing argument for damages.
The size of the asbestos fund that is accessed will determine the time it takes for a victim to get compensated. Tens of millions of dollars have been set aside for compensation of people who have been diagnosed with asbestos-related diseases as well as mesothelioma. Certain funds have rapid reviews that settle claims quickly and with a set payout amount. Other trust funds review cases separately and take longer to reach a decision.
Settlement
The process of negotiating an asbestos settlement begins once a plaintiff's attorney and the plaintiff have a solid case. This process can be lengthy and could take months if not years. It's dependent on a number of factors, including the type and quality evidence available.
The amount of evidence that can be provided of asbestos exposure is vital in determining the amount of time it will take for an asbestos lawsuit to be resolved. Attorneys should gather all relevant documents and data pertaining to the asbestos exposure of the victim such as medical records or a history of employment. They may also need to get documents from defendants and engage experts for testimony.
Asbestos victims can be compensated for a range of damages, including past and future medical costs including pain and suffering and lost income due to disease. Additionally, Chesapeake asbestos lawsuits is a warning to companies that place profits over workers' safety by exposing them to harmful asbestos-containing products.
It is important to have an experienced asbestos lawyer on your side throughout the negotiation process. Your lawyer will be able to get you the best possible settlement for your case.
Another factor that influences the time required to settle an asbestos claim is the court handling your case. Some courts have asbestos-specific departments that assist in transferring cases through the system quicker than others. Some courts mix asbestos cases in with other types of litigation which can result in delays.
The final element that could impact how long it takes to settle an asbestos lawsuit is the defendant's willingness to bargain. Most often, defendants will only be able to provide fair compensation to the victims when they are legally required to accept the offer.
After the negotiations have concluded the court will then review and make a decision on the settlement. If the settlement is approved and paid, it will be made to the victims by the defendants' insurance company. If the settlement is not accepted, the victims can then request an investigation. During this period, victims can either accept, decline or challenge the initial settlement offer.
Trial
Depending on the circumstances it is possible to settle an asbestos claim without having to take it to trial. This can significantly shorten the legal process and allow for settlement much earlier. A skilled lawyer can assist victims collect documentation and other information about their asbestos exposure to make an argument that is strong.
Once a lawyer has the necessary evidence, they can file a complaint against a defendant or an asbestos trust. This initiates the discovery process, in which both sides will collect additional information from each other. This can include reviewing any documents, taking depositions and more. After both parties have had an opportunity to look over the evidence and decide whether they want to present it for consideration by the court.
A large 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 more. In some cases spouses could also be entitled to compensation for loss of companionship. The amount of compensation awarded depends on a variety of factors including the severity of the illness and the number of defendants involved.
If a patient with mesothelioma has been diagnosed with an asbestos-related illness it is recommended that they contact an experienced law firm to assist them make a claim and receive compensation. A mesothelioma lawyer will examine the victim's work history and job sites to identify potential defendants. They can also help victims obtain money from an asbestos trust. Asbestos trusts usually offer either individual or expedited reviews. The former results in a faster settlement, while the latter allows the case of a victim to be analyzed on its individual merits.
These trust funds are able to provide compensation to asbestos-related victims, even if the companies they represent have gone under or are closed. This is because the courts have ordered large asbestos trust funds to be set up, which have the capacity to pay claims in full. In some cases however the trusts that are set up for asbestos are depleted and have to reduce payments. It's vital to have an experienced mesothelioma lawyer who can work with these asbestos trusts as well as other financial resources to ensure victims the compensation they are entitled to.