Mesothelioma Lawsuit

 

If you have an asbestos-induced disease, seriously consider contacting a qualified mesothelioma lawyer immediately. These types of cases are time sensitive, and only a lawyer trained in asbestos litigation should help you decide if and when to pursue a lawsuit against a company who may be responsible for exposing you to asbestos.

Each state limits the time you have to file a lawsuit after you are diagnosed with mesothelioma cancer. A mesothelioma lawyer can help you file your claim before the statute of limitations expires.

In a mesothelioma lawsuit, the attorney will deal with actual filing of the case and then all aspects of it after that. You should expect a routine that consists of the response to the lawsuit; discovery, depositions, settlement discussions, a possible trial, a verdict and a possible appeal. Most asbestos lawsuits never go to trial because they are settled out of court before a trail can take place . 

If you've been exposed to asbestos and been diagnosed with mesothelioma, you may ask, "If I file a lawsuit can I expect to recover significant money damages?" The answer is usually "yes." People who discover they are suffering from mesothelioma due to working with asbestos (or, if they are deceased, their spouse) have an excellent chance of achieving substantial money damages, either from the company that manufactured or installed the asbestos, or from an insurance company or asbestos victims' trust fund that has assumed liability for the company. And this is true even if the original manufacturer has long since sold out, closed down, or even gone bankrupt, thanks to the formation of asbestos victims' trust funds. (For more information on employees' rights when it comes to asbestos exposure on the job, see Nolo's article Asbestos in the Workplace.)

How Long Do I Have to Sue?

Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. State laws called statutes of limitations usually give people one to five years (depending on the state) from the diagnosis or discovery of mesothelioma to file a lawsuit. But it's important to act promptly, because in a few states, including California, Tennessee, and Louisiana, the statue of limitations is only one year from diagnosis. (Check out Nolo's chart Statutes of Limitations in All 50 States.)

If a mesothelioma victim has already died, his or her spouse and other heirs typically have one to three years from the date of death to file a wrongful death action, which can also result in the recovery of substantial money damages.

Mesothelioma victims can't file or join in class actions lawsuits because each person's medical history and prognosis is different, so mesothelioma cases must be filed individually.

How Long Does an Asbestos or Mesothelioma Case Take?

Most asbestos cases are settled before they ever get to a jury (meaning the parties agree outside of court to the amount of money damages the mesothelioma victim will get). If you have gathered all the facts about your medical condition and employment history, and your lawyer runs an efficient office, and there is an easily identifiable payment source -- such as an insurance company or an asbestos victims' trust fund -- you may get your money in less than a year from the date your lawsuit is filed. But in other situations, where the amount of money damages depends on going to trial (or at least threatening to do so), it can take two years or more. Fortunately, the court rules in many states recognize that mesothelioma victims have a short life expectancy and as a result, fast track their lawsuits.

How Much Can I Recover?

The dollar amount you are likely to receive as compensation for developing mesothelioma is hard to estimate. Some cases result in settlements or jury awards in the millions, while similar ones settle for comparatively little. This is because over the years, many companies that manufactured or installed asbestos have closed down or gone bankrupt, which in turn has resulted in courts' requiring that large funds be set aside to compensate future victims. Some of these funds are still large enough to pay out all claims at full value, but others have been depleted to the point that far less is available, so settlement amounts must be rationed.

In addition to the size of the asbestos victims' compensation fund available for payment, each victim's particular mesothelioma illness and how it has affected their life is important to arriving at a cash settlement or jury verdict. The dollar amount of wages lost due to the illness, the cost of medical expenses, and, usually most important, the degree of the victim's pain and suffering are all key factors in putting a dollar value on a particular case.

A third factor in estimating how much money damages you'll recover is time. When cases are settled relatively quickly, the amount recovered tends to be significantly less than if your lawyer waits to present your case to a trial jury. But preparing and conducting a jury trial may take several years, whereas settlements can often be arranged in a year or less. For this reason, many seriously ill plaintiffs prefer a relatively quick settlement, and this is especially true when they learn that some lawyers charge substantially more when a case goes to trial.

All of this being said, many mesothelioma cases result in settlement or awards in the range of $1 million to $5 million or more, but when attorneys' fees, court costs, and medical expenses are subtracted, victims often end up with around two-thirds of these amounts.

Can I Get Disability Because of Mesothelioma?

The most common types of mesothelioma qualify for expedited disability benefits from the Social Security Administration. For more information, see this article on getting disability for mesothelioma.

How Do I Pay My Lawyer?

All mesothelioma cases are handled on a contingency fee arrangement. This means your lawyer charges you no fees up front, but instead receives a percentage of the eventual settlement or money damages you receive as the result of a court judgment, plus any expenses (for things like depositions, copying, and postage) that you agree to pay as part of a written fee agreement. A typical contingency fee is 25% to 40% of money damages you recover. The exact amount depends on several factors, including whether a victims' trust fund places a cap on contingency fees (some allow no more than 25%), whether you settle out of court or go to trial, how much the lawyer wants your case (if the attorney believes your case is certain to win a big settlement or court judgment, you are in a much better bargaining position than if you are likely to receive a lower amount), and how hard you bargain before signing a fee agreement.

This section about mesothelioma asbestos lawsuits will address many of the initial questions you may have. If you have additional questions or concerns about asbestos litigation, please do not hesitate to contact one of our lawyers. Even after you contact us, you do not have to choose a Simmons Law Firm employee as your mesothelioma lawyer should you decide to move forward with an asbestos lawsuit.

 How do lawsuits for mesothelioma work?

When you first come to the Simmons Law Firm, one of our mesothelioma lawyers will sit down with you to discuss your potential case. If you are a good candidate for a mesothelioma lawsuit, our lawyers will file all necessary paperwork against the defendant and start the discovery period. During this time, both you and the defendant will be questioned as lawyers prepare for trial. Many times, a settlement is reached either at the end of the discovery period or during the early phases of the trial. If a case goes through the entire trial process, it will receive a jury verdict that could be appealed by the defendant.

 How much will it cost for you to investigate my claim?

Nothing. The minute you contact us, our mesothelioma lawyers will begin investigating your asbestos claim at no cost to you or your family.  Typically, one of our investigators or attorneys will call or visit you to gather information about you, your family, and work history. After we have sufficient information, we decide if we can recommend filing a mesothelioma lawsuit. This is of no financial cost to you.

 How much will it cost for you to represent me? 

Again, nothing. There is no financial risk on your part in filing a mesothelioma lawsuit. The lawyers from the Simmons Law Firm represent clients on a “contingency” basis, which means that we will only collect a fee if and when you collect a settlement. A mesothelioma attorney will meet with you to go over these matters in detail.

  How much can I expect to receive through mesothelioma lawsuits?

Recovery results truly vary per client. The amount you receive from your mesothelioma lawsuit depends on a variety of factors including whether your case gets a settlement or a jury verdict. To get a better idea about what compensation you can expect through a mesothelioma lawsuits, please contact one of our lawyers. 

How long can I wait to file a mesothelioma lawsuit?

While each asbestos litigation case is unique, the law imposes certain time limitations on how long one can wait to file a mesothelioma or asbestos lawsuit until it is “too late.” These are called “statutes of limitations.” Essentially, an individual only has a certain period of time after they are diagnosed with an asbestos-related disease in which to file their asbestos claim. As a result, we advise that you contact us immediately so that we can evaluate your case.

How long do mesothelioma lawsuits last?

Mesothelioma lawsuits can take time, especially when they are being filed in a busy court system or they require extra investigation. Your Simmons Law Firm mesothelioma attorney will work hard to expedite your case, but please understand that he may need extra time to make sure you get the best settlement possible.

I've been exposed to asbestos, but I do not have symptoms of any asbestos-related diseases yet. Can I file a lawsuit?

Even if you can prove you’ve been exposed to asbestos, you must have an asbestos-related disease to file a lawsuit. If you have been exposed to asbestos, schedule regular checkups to let a doctor monitor you for symptoms of asbestos diseases, since these diseases are much more treatable when caught early.

Can I file an asbestos lawsuit on behalf of a deceased family member?

In many states, a family member can file a wrongful death suit on behalf of a loved one. Because statute of limitation laws strictly govern the amount of time you have to file one of these suits, you should discuss any potential legal action with a lawyer as soon as possible.

Why should I hire you instead of a firm closer to my home? 

Although the Simmons Law Firm is a law firm based in Illinois, our mesothelioma lawyers have represented individuals and families affected by mesothelioma from all across the country, recovering millions of dollars in the process.* 

Whom should I file my asbestos lawsuit against?

In order to get the most out of your asbestos lawsuit, it is imperative that you file against the right defendant. By learning more about your situation, our asbestos lawyers can help you decide whom you should file against. Even if you don’t know where you were exposed to asbestos, our lawyers can investigate the cause for you.

Will my mesothelioma lawsuit be filed in my state?

Your asbestos lawsuit may not be filed in your home state because we want to file your case in the state that will provide the best chance of success. For example, if you were exposed to asbestos by a company with its headquarters in another state, we may file your lawsuit in the state of the company’s headquarters. Filing mesothelioma lawsuits in another state will not cost you any extra money, and it can only provide a better chance for success.

Will I have to travel?

Our attorneys and investigators are happy to travel to see you. Though we cannot guarantee that you will not have to travel, in most instances it is unlikely that you will need to leave the area in which you live.

Will I have to testify at trial?

We prepare every case as if we are going to trial. However, some of our mesothelioma cases settle out of court without going through a trial. In the event that a trial does occur, our mesothelioma attorneys are trained to make this process as easy on you and your family as possible. 

 

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