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How the Mesothelioma Claims Process Works The amount of compensation offered varies from case to case. Knowing your options for asbestos compensation and the mesothelioma compensation process is crucial. Companies that went bankrupt and were involved in asbestos exposure set trusts to pay victims. Trust funds for asbestos use the payment percentages and schedules to determine the value of each asbestos claim is worth. Gathering Evidence Anyone suffering from an asbestos-related disease has the right to seek compensation. A lawyer who specializes in asbestos litigation can guide you through the legal system and protect your rights. An important first step in an asbestos claim is obtaining relevant evidence. This can include medical records, employment record and any documentation pertaining to your exposure to asbestos. It is essential that your lawyer has access to this information in order to build a strong case on your behalf. A mesothelioma attorney can help you locate and interview witnesses who can provide additional evidence of your exposure. It is often the case that asbestos-related diseases, such as mesothelioma, are caused by a person's cumulative exposure to multiple different types of asbestos-containing substances over a significant period of time. After your lawyer has gathered all the relevant evidence and evidence, they will submit the initial complaint on your behalf with the court or through an asbestos trust. The complaint will outline the details of your case, and argue that the those identified in the lawsuit were negligent in selling a product that was dangerously hazardous for its intended use. In a case involving asbestos, the defendants will have the opportunity to reply to the initial complaints and present their evidence. This is referred to as the discovery phase, which includes interrogatories, depositions, as well as document requests. This is a crucial part of the process because it lets both sides gather information about the case that they may not have known about prior to filing an action. During this phase attorneys may also begin to prepare for trial. This includes the preparation of witnesses to provide testimony about your or your loved ones' exposure to the disease and how that led to their disease. In the event that the parties are not able to reach a settlement in pre-trial motions, an attorney can prepare arguments for trial. In a lot of states, an individual must be diagnosed with an asbestos-related condition to receive compensation. Depending on the statute of limitations in your state, you could have as little as few months to file a mesothelioma lawsuit or another type of asbestos lawsuit. How to File a Claim Once your lawyer has gathered all the necessary evidence they will file a claim with the asbestos trust funds or manufacturers responsible for your exposure. Your lawyer can assist you to file for disability compensation through the VA if you are a veteran. State laws, also known as statutes of limitations, establish a deadline within which you need to submit an asbestos lawsuit. A reputable mesothelioma lawyer can help ensure that your claim is filed in time and that it meets all legal requirements. Once the asbestos lawyers have filed a lawsuit, they will notify the defendants of the lawsuit and request financial compensation. They will claim that asbestos companies are responsible because they manufactured the asbestos products but failed to warn workers about the dangers. If the defendants accept the settlement, they have to pay the victim the amount. If they disagree, then they may choose to challenge the claim and proceed to trial. Your attorney will do everything possible to achieve the best outcome for your case. They will put together an argument that is strong enough to negotiate an out-of-court settlement with the asbestos firms or get your trial verdict. Most cases are settled before they go to trial. Your attorney may also file a wrongful-death lawsuit on behalf of a loved one who passed away due to an asbestos-related illness. This type of claim is made by the estate of a deceased asbestos victim to hold asbestos companies accountable for their loved one's death. Wrongful death claims are similar to personal injury lawsuits. Your New York mesothelioma attorney will collect the same evidence as they would in a personal injury lawsuit, but their main goal is to make asbestos companies responsible for the victim's death. Sokolove Law has extensive experience in wrongful death cases and is committed to getting victims the most compensation for their loss. Negotiating a Settlement After your attorney has gathered evidence and filed a claim, the responsible parties are given the opportunity to respond. The asbestos-related companies will usually try to debunk your claim. They collect information on your health, employment records and other evidence in an attempt to discredit the facts of your case. Our lawyers will be prepared to fight this battle and fight to ensure you receive the maximum amount of compensation. It is not unusual for victims to receive an agreement before their case goes to trial. It makes sense for some companies to settle with victims and put the matter behind them to avoid negative publicity, the expense of a long trial, and the risk that they could lose the case altogether. Our mesothelioma lawyers can assist you decide if it is appropriate to accept a settlement. Accepting a settlement will end your rights to seek additional damages in the future. This is not something to be taken lightly. We can also help you determine what types of damages are available to you. Certain aspects of an asbestos settlement like punitive damages can be taxed. Our lawyers can provide an in-depth explanation of how taxable damages function and what you can expect from your settlement. The average asbestos settlement is at most $1 million. It varies from one case to another. Our legal team will do everything to get you the maximum compensation, whether through an insurance settlement or the trust. If you were exposed to asbestos while in the military, we can assist you to file a mesothelioma VA claim to obtain financial support for your treatment and other losses. Veterans can also pursue separate mesothelioma lawsuits versus the companies who knowingly produced and sold asbestos-containing products to our military. We will help you determine if you qualify for compensation and file your claim within the timeframes. After your lawyer has filed the required paperwork, it could be a matter of months before you receive a settlement from an asbestos trust or an insurance company settlement. If your case goes to trial, it could take more than a year before you receive any kind of compensation. Trial During the trial phase, attorneys work to build an effective case prior to going to court. This includes gathering evidence via interrogatories, document requests, depositions and more. A mesothelioma lawyer will prepare you to argue in your defense before a judge or jury. Greenville asbestos lawsuits is based on demonstrating that the defendants owed a duty of care to the victim. This typically means proving the person was harmed due to negligent conduct, such as failing to warn of dangers, failing to use appropriate safety equipment, and other similar actions. Punitive damages may also be awarded in cases of a particularly serious breach of the law. The majority of asbestos-related victims are diagnosed with mesothelioma or other illnesses resulting due to exposure to asbestos in the workplace. These asbestos-related illnesses can have devastating effects on a person's quality of life and the lives of their loved ones. This makes the process of claiming particularly important to ensure that affected families receive the financial compensation they are entitled to. A person who has been diagnosed with an asbestos-related condition must usually make a mesothelioma suit or claim against the company which exposed them to asbestos. Some people diagnosed with mesothelioma were exposed to asbestos outside of the workplace. This could be due to being exposed in a military facility or through the use of asbestos-containing products in the home. This type of mesothelioma claim is different from other types and requires the help of an expert mesothelioma attorney. A mesothelioma lawyer will gather all the relevant information to confirm your diagnosis. They will also confirm that the asbestos-related illness was caused by specific companies or makers involved in your case. Once all the information has been taken into account, the lawyer will make mesothelioma claims against several companies. During the litigation process, asbestos victims are free to accept, counter or reject any settlement offer presented. A mesothelioma lawyer may advise the victim whether to accept or reject a settlement offer. However the final decision rests on the individual. If a person refuses to accept an offer of settlement the case will go to trial. In addition, mesothelioma patients are eligible to apply for compensation through asbestos trust funds.