Keep in mind that you may be eligible for considerable compensation if you’ve been injured by asbestos. For more information, we invite you to contact our experienced mesothelioma lawyers today for a free, confidential case consultation.
Preparing for and Filing Your Mesothelioma Lawsuit
When preparing your lawsuit, the first step to take is to find a suitable and experienced mesothelioma attorney. A knowledgeable lawyer will help you gather the pertinent information needed in your case and begin the process of determining who is responsible for your asbestos exposure.
Once you’ve found a reputable attorney and your information is gathered, you’ll need to file your lawsuit in your state’s court, or in the state where you were exposed to asbestos. Keep in mind that you may not necessarily file your lawsuit where you currently live, but most reputable attorneys will handle the filing on your behalf, regardless of where you file.
Mesothelioma Lawsuit Discovery Period
After you file your mesothelioma lawsuit, the defendant (s) are normally allowed around 30 days to respond to your claim. Afterward, the discovery phase begins, which is usually the longest part of the mesothelioma lawsuit.
During the discovery period of a mesothelioma lawsuit, both sides will have a chance to present evidence, introduce witnesses, and share case information. It’s during this time that the defense will see what’s stacked against them. In the majority of mesothelioma lawsuits, there is clear evidence that suggests asbestos exposure occurred due to negligent actions by manufacturers or companies that supplied products that contain asbestos, and in turn, most claims will settle before ever going to trial.
How Long Will My Mesothelioma Lawsuit Take?
It’s important to understand that there is no set time period in which a mesothelioma lawsuit will last. Although, as just mentioned, most mesothelioma lawsuits will end in a settlement, it still may take many months before the settlement is reached. According to recent research, mesothelioma lawsuits that result in a settlement generally take a little over a year, whereas a trial usually takes a few years or more.
As aforementioned, the discovery phase of the lawsuit is by far the lengthiest process of the entire case. During the discovery phase, some factors will be investigated thoroughly, including:
- Your work history
- You medical documents and history
- Where and how your asbestos exposure took place
However, if your attorney files your case with a company who already has an established asbestos trust fund set up, the amount of time it takes to settle your case and get your compensation may take less than a year, depending on how much information your attorney has available regarding your case and how efficient they are in starting the process.
How Much Can I Recover from a Mesothelioma Lawsuit?
Just as it’s hard to determine precisely how long it will take, it’s also difficult to determine the exact amount of compensation you can expect from a mesothelioma lawsuit. Not only will how your case ends determine your payment, but also other factors, such as your health, any dependents, and more.
For example, a mesothelioma lawsuit that ends in a trial will usually provide more compensation as opposed to a settlement. Also, having loved ones who depended on you financially may also yield more compensation, as well as what stage your disease is in and the factors surrounding how you were exposed to asbestos.
However, it’s important to note that just because your lawsuit ends in a settlement does not mean that your compensation will be low. For instance, the average compensation for settlements is around $2 million.
Can I File a Mesothelioma Lawsuit on Behalf of a Loved One Who Passed Away?
Most states allow qualified loved ones to file a mesothelioma wrongful death lawsuit on behalf of a deceased family member. The rules of who qualifies will vary according to state, but in general a spouse, dependents, or “next of kin” can file.
When Should I file My Mesothelioma Lawsuit?
Each state has its own statute of limitations that must be adhered to when filing a mesothelioma lawsuit. In general, most states mandate that a personal injury lawsuit must be filed within a few years from the time of the diagnosis or within a few years from the date of the victim’s death.
It’s recommended, however, to start the lawsuit process as soon as possible. Mesothelioma lawsuits are some of the most complex types of cases, and the sooner your claim is started, the better.
Can I File a Mesothelioma Lawsuit if I was Exposed to Asbestos While in the Military?
If you were in the military when you were exposed to asbestos, you could still file a mesothelioma lawsuit. However, you cannot sue the government. Instead, you can file a claim against the manufacturers who supplied asbestos and/or asbestos-containing materials (ACMs) to the military. It’s usually difficult for the average person to determine what company provided asbestos to the military, but an experienced mesothelioma lawyer will be able to assist you.
Additional Resources and Legal Help
As mentioned earlier, you may be entitled to significant compensation if you’ve been diagnosed with an asbestos-related illness. It’s crucial that you find experienced legal representation for your best chances of proving your case successfully. We invite you to contact our leading mesothelioma attorneys today for a free, confidential, no-obligation legal consultation.
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