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How the Mesothelioma Claims Process Works Compensation amounts differ from case to case. It is crucial to understand the options available to you for asbestos compensation and how the mesothelioma claims process works. Trusts were set up by bankrupt businesses who were exposed to asbestos and were seeking to compensate victims. Asbestos trust funds use schedules and percentages of payment to determine the value of each asbestos claim is worth. Gathering Evidence A person who suffers from a serious disease caused by asbestos has the right to seek compensation. An experienced attorney who specializes in asbestos litigation can guide you through the legal process and safeguard your rights. Gathering relevant evidence is a vital first step in a successful asbestos claim. This can include your medical records, your employment record and other documentation regarding your exposure to asbestos. This information is essential for your lawyer to to build a strong argument on your behalf. In addition to medical records, a knowledgeable mesothelioma lawyer will assist you in finding and interviewing witnesses that can provide additional evidence of your exposure to asbestos-containing products. Asbestos-related diseases like mesothelioma can be caused by a cumulative exposure to a variety of asbestos-containing products over a long time. Your lawyer will file a complaint on your behalf, after they have gathered all relevant evidence. This is done through a the court or through an asbestos trust. The complaint will describe the facts of your case, and allege that defendants that are named in the lawsuit acted negligently by selling a product that was unreasonably hazardous for its intended purpose. In an asbestos case the defendants will have the opportunity to reply to the initial complaint and present their evidence. This is called the discovery phase and involves interrogatories, depositions, and request for documents. This is an essential part of the process, as it lets both parties gather information they might not have been aware of prior to filing an action. During this phase attorneys may also begin preparing for trial. This could involve the preparation of witnesses to testify about the extent of your loved ones exposure and how it led to their illness. In the event that the parties cannot settle a settlement through pre-trial motions, a lawyer can prepare arguments for trial. In many states the compensation system is limited to those who have been diagnosed with asbestos-related illnesses. You may only have just a few months, based on the statutes of limitations in your state to file a suit for mesothelioma, or another asbestos-related illness. Filing a Claim After your lawyer has gathered all the evidence necessary, they will file an asbestos lawsuit with the asbestos trust fund or with the manufacturers who are responsible for your exposure. If you are an active military member, your lawyer can also assist you in submitting a claim for disability compensation from the VA. State laws known as statutes of limitations impose a time limit within which you can submit an asbestos lawsuit. A mesothelioma lawyer will make sure that your claim is in compliance with all legal requirements and is submitted in a timely manner. After submitting a claim to compensation, the asbestos lawyers will notify the defendants and ask for financial compensation. They will argue that asbestos companies are accountable for their asbestos products and failed to warn workers of the dangers. If the defendants agree to a settlement offer, they will pay the victim the agreed-upon amount. If they do not agree they may choose to contest the claim and take it to trial. Your lawyer will do everything to ensure the best outcome for your case. They will build an argument that is strong enough to negotiate an out of court settlement with the asbestos companies or to win your trial verdict. The majority of cases are settled outside of court prior to going to trial. In addition to seeking compensation for asbestos-related claims using the asbestos trust funds, your attorney may also make a claim for wrongful death on behalf of a loved one who has died from an asbestos-related illness. This type of claim is filed by the estate of the deceased asbestos victim to hold asbestos companies accountable for their loved ones' death. These lawsuits are similar to personal injuries lawsuits. Your New York mesothelioma attorney will gather the same evidence they would in a personal injury case but their primary objective is to hold negligent asbestos companies accountable for the death of a victim. Sokolove Law has extensive experience in wrongful death cases and is committed to getting victims the maximum compensation for their losses. Negotiating a Settlement After your lawyer has gathered evidence and made a claim, the parties liable are given an opportunity to respond. Often, companies involved in the asbestos industry will attempt to deny your claims. They will do this by collecting information on your employment, health records and other evidence to to discredit the facts of your case. Our attorneys will be prepared for this, and will fight to ensure that you receive the maximum amount of compensation. It is not uncommon for victims to receive an agreement prior to going to trial. Some companies offer settlements to victims to put the matter in the past and avoid negative publicity. They also want to avoid the costs of a lengthy trial and the possibility of losing the case. Our mesothelioma lawyers can help you decide whether or not to accept an agreement. Accepting a settlement ends your rights to pursue further damages in the future and is therefore not something to take lightly. We can also assist with determining which types of damages you are entitled to. Certain parts of an asbestos settlement such as punitive damage could be taxed. Our lawyers can provide a detailed explanation of how taxable damages are calculated and what you could expect to receive from your settlement. The typical asbestos settlement is $1 million or more. However, it can differ from case to case. Our legal team will do all they can to ensure you receive the highest compensation, whether that is through an insurance settlement or the trust. We can assist you in filing for the VA claim when you were exposed to asbestos during your military service to receive financial assistance to cover your treatment or other losses. Veterans can also file separate mesothelioma lawsuits versus the companies who knowingly produced and sold asbestos-containing products to our military. We will help you determine whether you are eligible for compensation and submit your claim within the deadlines. After your lawyer has filed all the documents, you should expect to receive a settlement from an asbestos trust or insurance company within several months. If your case is brought to court, it could take at least a year before you receive compensation. Trial During the trial phase lawyers work to construct an effective case prior to going to court. This includes gathering evidence via interrogatories and document requests, depositions and more. A mesothelioma lawyer can also prepare you to present your defense before a judge or jury. A successful lawsuit is based on demonstrating that the defendants had a duty of care to the victim. This often means proving that the victim was hurt because of negligent conduct like not warning of dangers, failing to use the appropriate safety equipment, or other similar actions. In addition, punitive damages can be awarded in the case of a particularly serious breach of the law. The majority of asbestos victims have been diagnosed with mesothelioma or similar diseases resulting from exposure to asbestos that is dangerous. These asbestos-related diseases can have devastating effects on the quality of a person's life as well as the lives of their family members. The process of claiming is vital to ensure that affected families receive the compensation and benefits they are entitled to. A person who has been diagnosed with an asbestos-related condition must usually be able to file a mesothelioma lawsuit claim against the company that exposed them to asbestos. However, Anaheim asbestos attorneys who have been diagnosed with mesothelioma were exposed outside of the workplace. This could be due to being exposed in military facilities or the use of asbestos-containing products within the home. This type of mesothelioma claim is different from other types, and requires the help of an expert mesothelioma lawyer. A mesothelioma attorney will then compile all the information to confirm your diagnosis. They will also confirm that the asbestos-related disease was caused by specific companies or makers involved in your case. After all the relevant information has been gathered and analyzed, the lawyer will file mesothelioma suits against multiple companies. In the course of litigation asbestos victims are entitled to accept, counter or deny any settlement offer presented. A mesothelioma lawyer can advise the victim whether to accept or reject an offer to settle. However the final decision lies on the individual. If a victim decides to reject a settlement, the case will continue towards trial. In addition, mesothelioma patients are able to seek compensation through asbestos trust funds.