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How the Mesothelioma Claims Process Works The amount of compensation that is awarded The amount of compensation awarded varies from case-to-case. Understanding the options for asbestos compensation and the mesothelioma compensation procedure is essential. Bankrupt companies that were involved in asbestos exposure set up trusts to compensate victims. Asbestos trust funds utilize schedules and percentages of payment to calculate how much each asbestos claim is worth. Gathering Evidence Anyone suffering from an asbestos-related disease has the right to pursue compensation. A lawyer who is specialized in asbestos litigation can guide you through the legal system and defend your rights. The first step in an asbestos claim is obtaining relevant evidence. This can include medical records, employment histories, and documentation of your exposure to asbestos. It is crucial that your lawyer has access to this information to build a strong case on your behalf. In addition to medical records, an experienced mesothelioma lawyer can assist you in gathering and interviewing witnesses who can provide further evidence of your exposure to asbestos-containing products. Asbestos-related illnesses like mesothelioma are usually caused by exposure to different types of asbestos-containing products over a prolonged period of time. Your lawyer will submit a complaint on your behalf, after they have gathered all relevant evidence. This is done through a court or through an asbestos trust. The complaint will detail the details of your case and allege that the defendants named in the lawsuit were negligent in selling an item that was unreasonable hazardous for its intended use. In asbestos cases the defendants will be given the chance to respond to the initial allegations and to present their evidence. This is known as the discovery stage, and includes depositions and interrogatories as well as document requests. This is a crucial aspect of the process as it lets both sides gather information about the case that they may not have been aware of prior to filing the lawsuit. In this stage attorneys may also begin preparing for trial. This may include making witnesses available to testify regarding the extent of your loved one's exposure and how it led to their disease. An attorney can also prepare arguments that would be presented at trial if that the parties cannot agree on settlement in pre-trial motions. In a lot of states, a person has to be diagnosed with an asbestos-related illness to be eligible for compensation. Depending on the time limit in your state, you could be granted as little as a few months to file a mesothelioma lawsuit or other type of asbestos lawsuit. Filing a Claim After your lawyer has gathered all the evidence necessary for an asbestos complaint with the trust fund or with the manufacturers who are responsible for your exposure. Your lawyer can help you apply for disability compensation through the VA when you are a veteran. State laws, also referred to as statutes of limitation, specify the time frame within which you must submit an asbestos lawsuit. A mesothelioma lawyer who is reputable can help ensure that your claim is filed in time and meets all legal requirements. After submitting a claim to compensation the asbestos lawyers will notify the defendants and demand financial compensation. They will argue that the asbestos companies are responsible for the injuries sustained by the victim as they produced the asbestos-containing products in question and did not warn their employees about the dangers posed by these hazardous materials. If the defendants agree to a settlement, they will pay the victim the agreed-upon amount. If they are not happy with the settlement, they can contest the claim and take the matter to trial. Your attorney will do everything to achieve the best outcome for your case. They will build a solid case to get you through your trial or negotiate an agreement outside of court with asbestos firms. The majority of cases are settled prior to going to trial. In addition to seeking compensation for asbestos-related claims through the asbestos trust funds, your attorney may also bring a wrongful-death claim on behalf of someone you love who has died from an asbestos-related illness. This type of claim could be filed by the estate of an asbestos victim who has passed and wishes to hold asbestos companies accountable for their loved one’s death. Legal claims forwrongful death are similar to personal injury 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 victim's death. Sokolove Law has extensive experience in wrongful-death cases and is dedicated to obtaining victims maximum compensation for their loss. The process of negotiating a settlement After your lawyer has gathered evidence and filed a claim, liable parties will be given the opportunity to respond. Companies that are involved in asbestos will often try to refute your claim. They will collect details about your health, employment records and other documents in an attempt to discredit the facts of your case. Our lawyers are prepared for this and will fight hard to ensure you receive the most compensation you can possibly receive. It is not uncommon 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 case behind them in order to avoid negative publicity, the cost of a long trial, and the possibility that they might lose the case entirely. Our mesothelioma attorneys can help you decide whether or not to accept a settlement. Accepting a settlement ends your rights to pursue additional damages in the future and is therefore not something to be taken lightly. We can also help determine which damages are available to you. For example, certain parts of an asbestos settlement might be tax deductible, like punitive damages. Our lawyers can provide a comprehensive explanation of how taxable damages are calculated and what you can expect from your settlement. The average asbestos settlement is around $1 million. It varies from one case to another. Our legal team will do all they can to secure the maximum compensation, whether that is through an insurance settlement or the trust. We can assist you in filing for a VA claim when you were exposed to asbestos during your military service to get financial support to pay for treatment or other losses. Bend asbestos lawsuits can also file separate mesothelioma lawsuits against companies who sold asbestos-containing products to our military. We will determine if you are eligible to claim compensation and help you file your claim within the required deadlines. Once your lawyer has completed all the documents, you should expect to receive an offer from an asbestos trust or insurance company in some months. If your case is brought to court, it may take a year or more before you receive compensation. Trial During the trial phase, lawyers work to construct a strong case before heading to court. This involves gathering evidence through interrogatories and document requests. Additionally, it involves depositions. A mesothelioma lawyer will also prepare to argue on your behalf before a judge or jury. A successful lawsuit is based on demonstrating that the defendants owed a duty of care to the victim. This usually means proving that the victim was injured because of negligent conduct like not warning of the dangers, not wearing appropriate safety equipment, and other similar actions. Punitive damages may also be awarded in instances of a particularly serious breach of the law. The majority of asbestos victims have been diagnosed with mesothelioma and other ailments resulting from exposure to dangerous asbestos. These asbestos-related illnesses can have a significant impact on the quality of life of a person and their family. The process of claiming is essential to ensure that affected families receive the compensation and benefits they deserve. Typically, those suffering from an asbestos-related disease must file a mesothelioma lawsuit or lawsuit against the company which exposed them to asbestos. However, some people who have been diagnosed with mesothelioma were exposed outside of the workplace. This could include exposure at a military facility, or through the use of asbestos-containing products at home. This type of claim is distinct from other types and requires the assistance of mesothelioma lawyers. After identifying the companies responsible, a mesothelioma lawyer compiles all the evidence that support your diagnosis and confirms that the asbestos-related disease was caused by the specific company or the product manufacturers involved in your case. After all the data is collected, the lawyer will bring a mesothelioma lawsuit against several companies. During the course of litigation, asbestos victims have the option to accept, deny or counter any settlement offer. A mesothelioma attorney can advise a client about accepting or rejecting a settlement offer, but the decision ultimately lies with the individual victim. If a victim rejects a settlement the case will go on towards trial. In the alternative, mesothelioma patients can claim compensation through asbestos trust funds.