Mesothelioma Lawsuits A mesothelioma case can help asbestos patients and their families get compensation for medical expenses However, large corporations might resort to stall tactics in order to delay or dismiss claims Mesothelioma attorneys are able to spot these strategies and deter them Most mesothelioma lawsuits are settled outside of court, instead going to trial Asbestos Litigation In the United States victims and their family members can claim compensation for asbestos exposure from the companies responsible The compensation awarded in mesothelioma lawsuits can be used to pay for treatment that extends the life of a patient, lost earnings due to being unable to work in the past, as well as present and future pain and discomfort Mesothelioma attorneys can help determine which asbestos companies are liable and file a lawsuit for mesothelioma Mesothelioma victims must be able to prove exposure to asbestos to qualify for financial compensation A mesothelioma attorney can review a person's military and work history to determine potential exposure sources Lawyers can help obtain medical records as well as other documents After the paperwork has been filed, defendants will be informed of the lawsuit They typically contest any responsibility and claim that the plaintiff did not get exposed asbestos The defendants must respond within 30 days If the defendants cannot accept a settlement, the case will be heard A judge and jury will decide if the victim will receive an award or settlement in the case of mesothelioma In most cases, a judge will approve a settlement, but there are cases in which a verdict is not reached If a trial does not result in a settlement agreement, the defendants may try to minimize or eliminate damages that are awarded Attorneys can offer expert testimony to support a summary judgment motion that proves that asbestos products of the defendant are not responsible for the plaintiff's injuries Attorneys can also present evidence of other sources of asbestos exposure to prove the defendant is not to blame Many mesothelioma sufferers have a history of asbestos exposure within their families Second-hand asbestos could be inhaled by those who worked or lived in the same workplaces or homes as their loved family members This kind of exposure is referred to as secondary asbestos exposure and many mesothelioma lawsuits include claims involving this type of exposure If a patient with mesothelioma dies before a settlement or verdict is reached, the estate may pursue the lawsuit in a wrongful death claim This can cover funeral expenses, loss of consortium and income, in addition to past and future pain Statute of Limitations Asbestos victims have a right to financial compensation from companies which mined asbestos, manufactured products made of asbestos, or transported these materials In the United States victims and their family members are able to bring claims in state and federal courts against these companies Asbestos litigation can be complicated by a number factors These include the statute of limitations, or legal time limit for filing an asbestos claim The statute of limitations determines the time for victims to file lawsuits or trust fund claims The time frame can differ depending on the state and type of claim An attorney for mesothelioma can help clients understand their state's statute of limitations and make sure the deadline isn't missed In the majority of personal injury cases, the clock begins to tick on the day the incident occurred However, mesothelioma and the other asbestos-related diseases have a latency period of 20-50 years This means that the victims may not even be aware of the condition until years after exposure Mesothelioma sufferers should act swiftly to file a claim In certain states, the statutes of limitations start when a victim is diagnosed with mesothelioma, or dies This ensures that the window for filing a claim will not expire before the victim or their family can collect the money they deserve The number of parties who may be liable can also influence the statute of limitations For instance the construction worker who was exposed to asbestos on several jobsites will likely have more potential at-fault parties than a healthcare practitioner who was exposed to asbestos over the course of a few months of repair work in a medical facility Patients and their families that miss the statute of limitations could still receive compensation Certain states have an asbestos trust funds that are able to pay claims without the need for litigation Veterans suffering from asbestos-related illnesses may also be eligible for compensation through the Veterans Administration However, these programs have different eligibility criteria and time limits than mesothelioma lawsuits It is important to consult with a mesothelioma attorney as soon as you can to discuss possibilities Motions of Preference From the moment you make your complaint to the point that you receive compensation, a mesothelioma lawsuit is a long-running process An experienced mesothelioma attorney will assist clients in filing an appeal and gather evidence to back their case Legal counsel can also negotiate with the defendants on behalf of the client to secure a fair settlement or trial verdict Although the majority of mesothelioma cases are settled outside of courts, it may take several years for the trial to be completed A trial may be necessary for some victims in poor health to receive the money they deserve In the late stages of the disease, mesothelioma patients typically seek a preference to accelerate their trial This allows them to receive their full compensation amount sooner than they would in the absence of the trial preference motion To qualify for trial preferences under California law, a plaintiff must demonstrate that their "substantial stake in the litigation" are jeopardized because they cannot attend the court trial The Ellis decision further weakens the standard and it is expected that plaintiffs will continue to test the limits of trial preference statutes in an attempt to get their cases before a judge sooner https//vimeocom/704984312 who oppose a preference motion must prepare the strongest evidence to prove their case Legal counsel can prepare by examining the case documents, preparing witness statements and assembling documents that can support their argument They can also prepare for any depositions that may be held Asbestos companies typically opt to settle mesothelioma lawsuits rather than risk a worsened verdict at trial This could save the companies millions of dollars and prevent negative publicity It does not mean that the victim will get an adequate amount of compensation If a mesothelioma patient dies during the time their lawsuit is in progress, their family may pursue the case in an wrongful-death lawsuit The verdict of a mesothelioma jury can result in compensation of medical expenses, lost wages and wrongful death damages A mesothelioma lawyer will be able to build an effective case against the asbestos producers who caused the victim's exposure to mesothelioma and achieve the best result for the victim and their families Trial A lawsuit that goes to trial could result in significant financial compensation The result of a lawsuit will depend on a number of factors, such as the nature of the cancer, the place the victims were exposed and the strength of the evidence The statute of limitations may affect the trial, since some states have different deadlines than others An attorney for mesothelioma can ensure that your claim is filed in line to the regulations of the state During the course of litigation lawyers will conduct a thorough investigation to uncover and document any evidence of asbestos exposure This will include examining your medical and work history as well as service-related documentation mesothelioma symptoms, and other details pertaining to your case Attorneys will then decide on the most suitable legal venue for filing the mesothelioma case This will be determined based on many factors which include the rules of the court, the timeframes for procedures and settlement history A mesothelioma lawsuit seeks to hold asbestos companies accountable for their negligence in manufacturing, using and selling products that contain asbestos, which is a dangerous material The lawsuit will also seek to compensate victims for medical expenses, lost wages and other losses due to the illness A lawyer can ensure that you receive the full and fair compensation for your loss In a lot of cases, defendants will settle mesothelioma cases rather than go to a jury trial Trials can be expensive and put the company at risk of a negative judgment, which could damage its reputation Settlements for mesothelioma could be more effective than trials because they allow victims to have immediate access to compensation A mesothelioma settlement is a private agreement between the plaintiff and the defendant that guarantees certain payments The settlement can be paid in a one-time payment or in monthly installments In most cases, victims can start receiving these payments within 90 days or less following an agreement