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Mesothelioma Lawsuits How to File a Mesothelioma Lawsuit The statute of limitations limits the time victims and their families have to pursue mesothelioma compensation A knowledgeable lawyer in your corner can ensure you dont miss out on this opportunity A skilled attorney will work to resolve your case without trial They can also prepare your case for trial in the event that it is required What is a lawsuit A lawsuit allows victims to hold asbestos companies accountable for their exposure accountable Mesothelioma lawsuits can be filed as personal injury or wrongful death claims A personal injury lawsuit seeks to recover compensation for mesothelioma victims and can include damages for past current or future medical expenses lost wages as well as pain and suffering Mesothelioma patients can also file a wrongfuldeath lawsuit on behalf of loved family members who have passed or died Typically a lawsuit has three phases preparation and filing response period and the discovery phase In the discovery phase both parties will discuss the case This phase can last for weeks or even months depending on the nature of a mesothelioma case In most cases the plaintiffs lawyer will pursue a settlement and avoid the need for a trial If negotiations fail the case can be tried by a jury or judge It is essential to work with a top mesothelioma law firm Professionally trained lawyers can make the process simpler for their clients They can help patients file lawsuits in the most favorable jurisdiction possible to maximize the amount they are awarded They can also ensure their clients statutes of limitation are not violated For example the best mesothelioma lawyers often transfer the clients case to a different state if the statute of limitations has run out in their home state This can prevent a lawsuit from being dismissed and can significantly increase the amount of compensation paid to the victim It also helps families receive money faster as they can begin receiving payments as little as 90 days following the settlement How do I file a suit In the event of an asbestosrelated condition can help pay for treatment It also covers the costs of losing wages due to time off work while the patient receives medical attention It also helps families pay funeral expenses and other losses The first step is to find an experienced mesothelioma attorney A lawyer will review the results of your mesothelioma testing and asbestos exposure records in order to establish a solid case and file a lawsuit on your behalf They will manage all legal proceedings and inform you when to accept a settlement The majority of mesothelioma cases are filed as a personal injury or wrongful death lawsuit that involves multiple defendants Asbestos companies and insurance companies that covered them are liable parties A lawsuit can be filed in the courts of law or in an arbitration or trust fund proceeding State courts are the only ones that can take on lawsuits Each defendant receives the lawsuit and is given a set period of time to respond Typically they deny all accusations and declare that they are not responsible for the victims exposure to asbestos Mesothelioma is the most prevalent illness linked to asbestos exposure Other diseases such as lung cancer and nonmalignant asbestosis can also affect sufferers All of these illnesses can be lifethreatening and can cause financial problems for victims and their family members A successful lawsuit could be used to cover medical expenses as well as other costs It can also provide income for the surviving loved ones What if I dont get a settlement The mesothelioma litigation process can be lengthy Most asbestosrelated lawsuits settle prior to trial This is because the majority of defendants dont want to take on a trial verdict that could be much greater than a settlement The litigation phase could include an investigation phase during which both parties ask for documents and take depositions Mesothelioma patients should be aware they could also be eligible to receive compensation through an asbestos trust fund These funds are used to compensate those who havent received an award for personal injury or judgment in their lawsuit An attorney with experience in mesothelioma cases can assist plaintiffs in determining if they are eligible for compensation A mesothelioma case will usually involve a victim suing a company to seek compensation for medical expenses as well as lost wages and other damages If the asbestosrelated victim dies the family or estate of the deceased may file a wrongfuldeath suit In addition claims for wrongful death can be filed for those who have died due to other types of asbestosrelated illnesses or cancers such as Esophageal or lung cancer Certain victims could also be eligible for VA benefits if they have been diagnosed with mesothelioma Since both parties are subject to confidentiality agreements the exact amount of a settlement for mesothelioma is normally kept secret Some settlement amounts are disclosed from time to time The average mesothelioma settlement ranges between 250000 and 2000000 Mesothelioma attorneys will ensure that the plaintiff gets as much compensation for their claim as possible They may negotiate a settlement prior filing the lawsuit or request a courtapproved mediation conference What happens if I need to appear in the court The vast majority 90 of mesothelioma cases result in a settlement The money can be used to pay past medical bills or treatments and give peace to the family of the victim However a handful of cases do go to trial Mesothelioma trials often take months or even years to resolve and verdicts are based on the opinions of a jury and judge In the end victims and their families may not receive the full compensation they deserve An experienced mesothelioma lawyer will file a mesothelioma lawsuit on behalf of the plaintiff They will begin the process by collecting information regarding the victims asbestos exposure and identifying the defendants Defendants are typically the companies that employed the employee and the manufacturers of asbestoscontaining products When an attorney files a lawsuit defendants are given 30 days to respond to the lawsuit The defendants often deny the responsibility and argue that another factor was responsible for the illness An experienced mesothelioma attorney can withstand these arguments The discovery process begins after the defendants have responded Each side will gather case information and lawyers from both sides will negotiate an fair settlement In mesothelioma cases it is common for 18 months to reach an acceptable settlement Asbestos trust funds could be available to victims in addition to the traditional mesothelioma lawsuit Trusts are administered by banks and managed by a trustee board Asbestos trust funds are awash with millions of dollars that can be used to compensate asbestosrelated victims exposure A knowledgeable mesothelioma lawyer can identify asbestos trust funds and help their clients claim the appropriate amount of compensation Typically the payouts from trust funds are less than those resulting from mesothelioma lawsuits What will my case be A variety of factors affect the amount a person with mesothelioma or loved ones receive from their settlement The severity and type where and when the asbestosrelated disease occurred and what types asbestosrelated diseases have been recognized are all crucial factors to consider A mesothelioma attorney can review your military and work history to identify potential sources of exposure Compensation can cover medical expenses lost income and the pain The settlement or verdict could include compensation for loss of companionship and support from a spouse The amount of compensation awarded will depend on the defendants culpability and responsibility as well as the way in which a judge or jury evaluates the case In certain cases defendants may not have the financial resources necessary to pay for a complete settlement or their insurance coverage may be limited In these cases the victims and their families could be able to benefit from a different option such as trust funds These are funds created by asbestos companies for compensation claims The funds are used for the settlement payment to each victim or heir However they dont provide the same amount money as a trial verdict or mesothelioma settlement in a lawsuit This is because the defendant is still able to appeal which could delay the payment for years The average amount of compensation awarded for mesothelioma and related payments made out of trust funds as well as verdicts in mesothelioma cases is estimated to be greater than 1 million The amount of compensation is often much higher than this amount Durham and their families have received millions of dollars in compensation from these lawsuits Some victims even have the opportunity to file a lawsuit against multiple defendants A recent trial against Johnson Johnson and its asbestos supplier Imerys Talc America resulted in a 717 million verdict