Asbestos & Mesothelioma wrongful death lawsuit
Asbestos exposure can result in mesothelioma, a life-threatening condition. If you have mesothelioma and were exposed to asbestos, it is possible to obtain compensation through a lawsuit or legal claim. This article provides information on the following topics: the statute of limitations, the timeline for an asbestos case, assessing the case’s value, and tips on working with a lawyer.
Mesothelioma lawsuit
State laws called statutes of limitations usually give people one to five years from the diagnosis or discovery of mesothelioma to file a lawsuit. But in some states, such as California, Louisiana, and Tennessee, the statute of limitations is only one year from diagnosis or discovery. The heirs of a deceased mesothelioma victim usually have one to three years from the date of death to file a wrongful death action, which can also result in significant damages. Mesothelioma victims cannot file or join class-action lawsuits since each person’s medical history and prognosis are different.
Most asbestos cases settle before going to a jury, resulting in a quicker recovery for the plaintiff. Settlements can be achieved within a year of filing a lawsuit if all facts are gathered about the medical condition and employment history, and an easily identifiable payment source exists. In other situations, when the amount of money damages hinges on going to trial, it can take two years or more. Mesothelioma victims have a short life expectancy, and as a result, courts in many states recognize the need to fast-track their lawsuits.
The dollar amount of compensation for an asbestos-related illness is hard to estimate. The amount varies as each case is unique. Companies that manufactured or installed asbestos may have closed down or gone bankrupt, making funds available for compensation limited. The size of the compensation fund, each victim’s particular mesothelioma illness, and how it has affected their life are important factors in arriving at a cash settlement or jury verdict. The dollar amount of lost wages, medical expenses, and the degree of the victim’s “pain and suffering” also contribute to the cash value of the case. The timing of the settlement and the cost of preparing and conducting a jury trial also play a role in the value of the settlement.
Most mesothelioma cases are handled on a contingency fee arrangement, with no upfront charges. Instead, the lawyer receives a percentage of the eventual settlement or money damages, plus any expenses agreed upon in a written fee agreement. A typical contingency fee ranges from 25% to 40% of money damages recovered. Factors affecting the fee include the existence of a victims’ trust fund and any cap on contingency fees. Victims usually end up with two-thirds of the settlement or award after attorney fees, court costs, and medical expenses are subtracted.
Should I Hire a Lawyer for My Mesothelioma Case?
Yes, it is highly recommended that you hire a lawyer with experience in mesothelioma and asbestos cases. These types of cases can be very complex, and a skilled attorney can help guide you through the process and ensure that you receive fair compensation for your illness. A mesothelioma lawyer can also help you identify all potentially liable parties, gather evidence to support your case, negotiate with insurance companies or trust funds, and represent you in court if necessary.
When choosing a lawyer, it’s important to look for someone with experience specifically in mesothelioma cases, as this area of law requires specialized knowledge and expertise. You should also look for a lawyer who offers a free initial consultation and works on a contingency fee basis, so you don’t have to pay any upfront fees.
Final Thoughts
If you have been diagnosed with mesothelioma after being exposed to asbestos, you may be entitled to compensation through a lawsuit or legal claim. The statute of limitations for filing an asbestos-mesothelioma lawsuit varies by state, but it’s important to act promptly to ensure you don’t miss the deadline. Most asbestos cases are settled before they ever get to a jury, but the dollar amount you are likely to receive as compensation for your illness is hard to estimate and depends on a variety of factors, including the size of the asbestos victims’ compensation fund, the severity of your illness, and the degree of pain and suffering you have experienced.
To ensure you receive fair compensation for your illness, it’s important to hire a lawyer with experience in mesothelioma and asbestos cases. A skilled attorney can guide you through the process, identify all potentially liable parties, and help you negotiate a fair settlement or represent you in court if necessary.
