Mesothelioma Law Firm Experience
Being diagnosed with mesothelioma is one of the most devastating experiences anyone can have. The news carries a fatal message as there’s no known cure for this deadly disease. What makes mesothelioma so intolerable is that it could have been prevented had negligent suppliers behaved humanely.
Importance of Mesothelioma Law Firm Experience
Many asbestos product manufacturers knew full well how dangerous asbestos fibers were to human health, but hid the truth from the public to protect their profits. It’s only fair they’re now held accountable and forced to compensate mesothelioma victims.
Mesothelioma is different from other diseases. Symptoms often don’t appear for decades after the patient suffered asbestos exposure.
Did You Know? Latency periods for mesothelioma range from 20-50 years.
That makes litigating mesothelioma claims difficult, and this is where experienced law firms make all the difference in reaching proper compensation amounts for claimants.
Asbestos-related disease litigations, like mesothelioma cases, are not like ordinary personal injury claims.
These are tricky investigations, unlike single incident claims against single parties such as motor vehicle accidents and negligent building conditions causing one-time harm.
Patients diagnosed with mesothelioma find themselves searching for answers as to where they were exposed to asbestos-containing materials, how many times they had exposure, and what parties were responsible for allowing these fatal conditions.
Often, mesothelioma and other asbestos-related diseases like lung cancer, asbestosis, and pleural disorders resulted from multiple exposures to asbestos.
Usually, there is more than one negligent party to identify and litigate against. Then, there’s the medical issue of proving the disease was directly caused by asbestos exposure and not supplemental to a pre-existing condition.
Mesothelioma lawyers experienced in asbestos-related law and procedure have the skills and resources to establish sufficient grounds to warrant successful compensation claims.
Maximizing Compensation
There’s no substitute for extensive legal experience in litigating asbestos-related cases.
Asbestos litigation is the largest civil law tort in American history. Torts are lawsuit actions against parties whose negligence may have caused serious injury, illness, or death to another.
As a result, the parties being sued may have to pay those who are suffering. Mesothelioma compensation can amount to millions of dollars based on exposure history and if handled by law firms who have sufficient experience.
There are specific laws concerning asbestos-related litigation. The challenge in litigating these highly important cases is knowing what legal elements go into a successful compensation claim. Again, this is where experience is invaluable.
An experienced legal team networks to research and build individual claim cases.
Combined, they have hundreds of years in collective experience litigating mesothelioma claims. They have access to databases with all previous asbestos producers, manufacturers, and employers who’ve been proven negligent in causing diseases to other claimants.
Experienced lawyers also have intricate lists of asbestos-containing products and workplaces where asbestos exposure was known to happen.
Experienced litigators know how important time is in asbestos-cases. They begin by evaluating a case and assess how successful a claim may be based on the unique and individual facts.
This experience allows them to recommend the right course of action in a mesothelioma or other asbestos-related disease case.
Law firms experienced with asbestos cases will typically recommend one of the following compensation claim processes.
Lawsuits
This involves filing a formal complaint and taking the defendant to trial where a jury or judge decides fault. Mesothelioma lawsuits are risky and time-consuming. However, historically suits bring the largest compensation amounts provided an experienced law firm handles the case. Less than 5% of mesothelioma claims result in court verdicts.
Settlements
Conversely, about 95% of mesothelioma lawsuits end with a negotiated settlement. Amounts are usually lower than court rulings but they resolve quicker and obtain adequate funds to cover damages. Settlements don’t include punitive damages and the defendant rarely admits fault. Experienced lawyers are skilled negotiators and obtain the largest possible settlements.
Asbestos Trust Funds
Many asbestos companies claimed bankruptcy to avoid compensating victims. The courts stepped in and forced companies to establish asbestos trust funds to compensate past and future claimants. Experienced attorneys know what trust funds suit particular cases best.
VA Benefits
Military veterans suffering from mesothelioma after being exposed to asbestos while on duty can apply to the Department of Veterans Affairs (VA) for compensation. This is another area an experienced legal team will be familiar with.
Choosing a Mesothelioma Law Firm
Many firms advertise mesothelioma litigation services, but only a few top litigators have the skills and resources to achieve the highest compensation rates in the least amount of time.
This is what to look for when choosing a mesothelioma law firm:
- Compassion: Mesothelioma attorneys need compassion for clients, not just a focus on compensation. They’re dealing with the end of peoples’ lives and the future of their dependents.
- Knowledge: This is a key element in selecting mesothelioma legal assistance. It’s a complicated business where knowledge of history, funding sources and case precedents is crucial.
- Resources: Mesothelioma lawyers have extensive resources to properly investigate and litigate asbestos-caused cases. They have data banks on products known to contain asbestos. They also have the medical expertise to support claims.
- National Presence: Top mesothelioma law firms have standing throughout the nation. They’re able to file claims across America and are not restricted to individual state practice.
- Experience: Examine the firm’s track record. Find out how long they’ve been practicing mesothelioma law and what settlements they’ve achieved for clients.
If you’re considering hiring a mesothelioma lawyer, then contact us today.
We can connect you with our network of mesothelioma lawyers who can review your claim and advise you on your possible next steps.
- United States Department of Settlements – U.S. Asbestos Expedited Claims Processing, “Best Rated Mesothelioma Lawyer Attorney | Find Top Rated Asbestos Law Firm”, Retrieved from https://www.usaep.org/mesothelioma-lawyer/ Accessed on December 28, 2017
- United States Department of Settlements – U.S. Asbestos Expedited Claims Processing, Mesothelioma Legal Advice”, Retrieved from https://www.usaep.org/mesothelioma-legal-advice/ Accessed on December 28, 2017
- United States Department of Settlements – U.S. Asbestos Expedited Claims Processing, “Choosing the Right Mesothelioma Law Firm is Crucial”, Retrieved from https://www.usaep.org/mesothelioma-legal-advice/law-firms/ Accessed on December 28, 2017
- Sokolove Law – General Website Information. Retrieved from https://sokolovelawfirm.com Accessed on December 28, 2017
Easier Than It May Seem
Your individual situation may merit an actual lawsuit. However, it doesn’t have to be that complicated. Trusts have been set up to benefit victims of mesothelioma in such a way that lawsuits and court appearances aren’t needed. Contact us today and you’ll see how easy it can be to get the compensation you deserve.
Frequently Asked Questions
Who can file a mesothelioma claim?
A person who has been diagnosed with mesothelioma – as well as their spouse, child, or family member – may be able to file a claim to recover compensation from manufacturers of asbestos products. If the mesothelioma patient passes away, a family member or estate representative may also be able to file a wrongful death lawsuit.
How much money is in the asbestos trust fund?
An estimated $30 billion has been set aside in asbestos trust funds to compensate mesothelioma patients. Many companies that made asbestos products later filed for bankruptcy, so they created these trust funds to pay out future mesothelioma claims. If the company responsible for your asbestos exposure no longer exists, you may be entitled to money from their trust fund.
How do I file a mesothelioma claim?
To file a mesothelioma claim, contact an attorney who is experienced with these types of lawsuits. They will know where and when to file your claim, how to build the strongest case possible, and the best way to maximize compensation on your behalf.
What is the statute of limitations on mesothelioma claims?
The statute of limitations (deadline to file) for mesothelioma claims will vary depending on the state in which you file. In many states, it’s 2-3 years from the date of the mesothelioma diagnosis – though it may be longer if the mesothelioma patient has passed away. A mesothelioma lawyer can make sure your claim is filed within the required time frame.
How long do mesothelioma claims take?
Every mesothelioma claim is different, with circumstances and factors that are unique to that mesothelioma patient’s story. Though there’s no way to predict exactly how long a claim will take, an experienced mesothelioma attorney will ensure the process is handled as efficiently as possible.
Many claimants start to receive compensation in as few as 90 days after settling their mesothelioma claims.
What is the average payout for mesothelioma?
There is no guarantee of compensation when you file a mesothelioma claim, and countless factors affect how much money you might be able to recover (assuming your case settles). That said, 95% of these lawsuits are settled out of court, and the average settlement amount is $1-1.4 million.
How much is my mesothelioma claim worth?
Your mesothelioma case value depends on the specifics of your situation, such as the duration of your asbestos exposure, and the total cost of your mesothelioma treatment (as well as travel expenses and other related losses). The best way to figure out how much your claim is worth is to speak with a mesothelioma lawyer.
What type of mesothelioma claim do I have?
Most mesothelioma claims fall under one of four categories:
- Personal injury: You were exposed to asbestos (often through your job, or your loved one’s), so you file a lawsuit against the company that made the asbestos products.
- Asbestos trust fund: Similar to a personal injury claim, only the company in question went bankrupt, so you can’t sue them – but you may be able to access a trust fund they set aside for mesothelioma victims.
- Veterans Affairs (VA) benefits: U.S. military veterans who were exposed to asbestos during their service may qualify for related health care benefits through the VA.
- Wrongful death: When a mesothelioma patient passes away, their family member or estate representative may be able to file a lawsuit on their behalf, seeking money to pay for past medical expenses, pain and suffering, funeral expenses, etc.
A mesothelioma attorney can determine which type of claim makes the most sense for you and your family. (Some clients qualify for more than one.)
