Asbestos litigation is clear, and there's a reason for that. Getting a mesothelioma diagnosis is a life-changing moment and one that people should never have to deal with for no fault of their own.
Negligent asbestos companies are often responsible for these kinds of tragic outcomes, and it means disaster for victims and their families. Mesothelioma lawyers can help these affected parties to get fair compensation.
While it doesn't signal a return to normalcy, it does mean that these people and families can cover the different expenses and losses that come with the ailment. No one deserves to have to deal with this, and it's even worse when the financial aid that would be needed isn't there.
Schuerger Shunnarah Trial Attorneys is here to go to war for you during the tenure of your mesothelioma claim. Schedule a free consultation today by calling (833) 692-5038! They can also provide insight on questions like, "How long does a talcum powder lawsuit take?"
Which Occupations Have a High Asbestos Exposure Risk
The chronic lung disease can certainly appear because of any amount of asbestos exposure, however, some occupations will put people at a greater risk than others. These include:
Demolition workers
Construction workers
Mechanics
Electricians
Bricklayers
Shipbuilders/Shipyard Workers
Pipefitters
Refinery Workers
Insulators
Industrial Workers
Power Plant Workers
Asbestos Mining and Manufacturing
Boiler Workers
Foundry Workers
Who Can File a Mesothelioma Personal Injury Claim?
There are a couple of categories of people who are eligible to file an asbestos claim. The first group is the mesothelioma patients themselves for obvious reasons. However, there are family members of deceased persons who can file wrongful death lawsuits.
Note, however, that there are different claim types such as those from asbestos trust funds that will have individual requirements. Nevertheless, a mesothelioma attorney can provide the required guidance.
Typically, eligibility requirements span the following:
File a claim within the required time frames as specified by the statute of limitations
Provide evidence of asbestos exposure
Provide documents that show a diagnosis of an asbestos-related illness
What Factors Affect a Mesothelioma Lawsuit Timeline?
Mesothelioma victims can find themselves waiting for different timelines before a lawsuit concludes, and that's because of the uniqueness of each case.
The good news is that a mesothelioma settlement is the resolution of most claims. This means that there isn't a trial phase involved. Effectively the negligent party in the matter will agree to pay the victim a certain amount of compensation. Once accepted, this expedites things since there wouldn't be a need to go to court.
Unique time frames for each case tend to be affected by the following:
What jurisdiction or state the mesothelioma cases are filed in since hearing timelines will differ
If the defendants agree to settle and when that settlement happens
If there is a trial date in the mix and when that trial date is
The unpredictability is just one reason my asbestos victims are encouraged to retain the services of a mesothelioma lawyer for these matters. Not only will doing so help with filing the claim, but it also means that experts will be negotiating on behalf of affected parties, which improves the chances of a favorable outcome.
Manufacturers
The case timeline will also be affected by the number of manufacturers in the mix. Some cases will see multiple being named. Some may want to settle as soon as possible while others may not feel the same way.
Statute of Limitations
These prevent victims from taking legal action once a certain period has elapsed. Even with the reality of mesothelioma, a case cannot be filed after this time. It's best to not be placed in a position where this is a concern.
The best way to achieve that is to rely on the expertise of mesothelioma attorneys and reach out to one as soon as possible.
Motion or Trial
Even when there is a need for a trial in cases where a settlement cannot be reached, timelines can differ. In fact, there may be a motion that necessitates a judge to dismiss or decide the case. This can see a winner chosen immediately.
The motion may not work out and subsequently require a trial, which then requires a jury to reach a verdict.
It's almost as if anything can happen. For example, some defendants show no indication of willingness to pay compensation during settlement negotiations. However, things start to change when there is a trial date. Even then, some of them will choose not to settle until the trial date is approaching.
Mesothelioma Compensation Amount Breakdown
As indicated before, different mesothelioma lawsuits come with different factors. For example, one victim may have a host of upcoming medical expenses in one case, while the victim may have been deceased in another.
The first would likely need compensation that covers past and future medical bills while the second would see family members likely claiming for past medical bills.
An experienced mesothelioma lawyer will put all the right pieces in place to seek the maximum amount of compensation. Here are some of the factors that will go into this:
The age of the patients matters. While most mesothelioma patients will be older males, some are diagnosed while they're still actively a part of or would've been eligible to be a part of the workforce in the absence of the condition. The latter would need considerations for lost and future earning capacity.
Mesothelioma and other asbestos diseases have expensive treatment costs. A mesothelioma lawyer will help to calculate future costs and current debts from the disease for the filing of the asbestos claim.
Some of the costs of a mesothelioma diagnosis are not exactly quantifiable. Pain and suffering, loss of consortium, etc., come to mind. A good mesothelioma attorney will account for these well too.
With more defendants, asbestos claims may see families and patients entitled to multiple individual settlements
What Will Be a Mesothelioma Lawsuit Timeframe
Compensation may be awarded in less than 90 days, yet the entire lawsuit can sometimes run for almost a year.
Mesothelioma is different from your typical personal injury claims just because of the reality of what the disease is. It's pretty aggressive and will progress rapidly. Realistically, this means that asbestos litigation is set up in a way that accounts for the fact that a victim's health can decline very quickly.
Therefore, the goal is to try to allow for a mesothelioma settlement to be reached as quickly as possible. This maximizes the chances of a patient being compensated at a respectable time so it's possible to benefit from the compensation and try to have as high a quality of life as possible.
Best-in-class mesothelioma lawyers will take this a step further and attempt to fast-track the process since some clients are extremely ill and may have urgent financial needs. They can also answer questions like, "What can you claim for with mesothelioma?"
Is Accepting a Settlement Offer Recommended?
As an asbestos exposure victim, choosing to accept a settlement offer can come with several notable benefits, which include:
There is guaranteed payment since it becomes required once the settlement is signed off on. Going to trial could potentially mean receiving nothing.
Clients worry about less of a spend since trials can be costly.
The prep time associated with a trial is very demanding. Accepting a settlement leads to a faster resolution.
Remember that mesothelioma attorneys are experts who are there to both represent clients and provide guidance. While the client will ultimately make the decision, it's good to lean on the expertise of the attorney in doing so.
What Does the Process to File Against Asbestos Companies Look Like?
The first order of business will be to reach out to a mesothelioma lawyer with the experience and skill set necessary to navigate asbestos claims. This will lead to a free case review.
Next, there will be a discovery process to ascertain some key details about the occurrence. A couple of the top priorities here will be how the exposure happened and when it took place. Medical records and other documentation will be key here.
Depending on the details of the case, there may be several options available that can be pursued. These will be discussed between the lawyer and the client. The objective here is to achieve the client's goal(s), so these would be outlined and explored during the process.
Once a decision is reached, the attorney can either file a claim or lawsuit on behalf of the client. At this point, the approach will start to differ based on the nature of the case.
With the filing out of the way, it's then time for the attorney to work on behalf of the client to negotiate a fair settlement. Of course, not all mesothelioma victims will see success at the settlement stage. If there is a trial, the lawyer will then represent the client.
Schedule a Consultation with an Asbestos Injury Lawyer
It takes a passionate and experienced asbestos lawyer to take a mesothelioma client to the best possible outcome. At Schuerger Shunnarah Trial Attorneys, we go to war for you! We don't believe that a company should get away with the kind of negligence that changes a life for the worse and we do everything to hold them accountable!
Schedule a free consultation with no obligation today!