Many people have been exposed to asbestos, and a percentage of these individuals have been developed mesothelioma. A lot of the victims want to file a lawsuit but don’t know if they’ll be able to recover adequate compensation.
In most cases, it’s possible for victims to recover some amount of compensation. Anyone who has been suffering with mesothelioma that was caused by asbestos may be eligible to receive compensation for their suffering.
Lawsuits Involving Asbestos
There are two companies that lawsuits can be filed against. If the company that manufactured the asbestos isn’t liable, then compensation can be gained from the insurance company.
Many victims can get compensation from special trust funds set up for asbestos victims. Even if the original manufacturer sold out, has declared bankruptcy or closed down, victims might be able to receive compensation from trust funds.
Time Limits for Filing a Lawsuit
Many victims don’t know how long they actually have to sue. Mesothelioma is something that usually develops anywhere from 15 to 40 years from the first time the victim was exposed to asbestos. However, most states have statutes of limitations, which usually give victims about five years to sue.
This timeframe begins from the time when the victim is initially diagnosed with mesothelioma. It’s very important that victims act quickly because the statutes of limitations are only one year in certain states.
If the victim has already passed away as a result of mesothelioma, the timeframe to file a lawsuit is anywhere from one up to three years after the victim has died.
In this situation, a wrongful death action must be filed, which can result in substantial monetary compensation. Since the medical history of each individual is different, mesothelioma victims cannot join or file in class action lawsuits. Every mesothelioma case must be filed individually.
A lot of victims want to know how long it will take before their case is resolved. Fortunately, the majority of asbestos cases never make it to a jury because they’re settled long before that.
When a case is settled outside of court, it involves all parties deciding on a specific amount of compensation. If you’re someone who has gathered your employment history and condition facts, there is an easy payment source for you.
Two examples of easy payment sources are trust funds and insurance companies. Some victims are able to get their money in less than a year from the date of the lawsuit filed.
However, in some cases, it can take up to two years. Many states have rules that aim to fast track the cases of mesothelioma victims because these individuals have a very short life expectancy.
It can be very difficult to guess how much compensation a mesothelioma victim will get because every single case is different. Some victims have received millions of dollars in compensation while others have settled for far less money.
One of the reasons for low settlement amounts is the closing of most of the companies that manufactured asbestos. The courts forced the creation of many asbestos trust funds.
Some of these funds have been nearly depleted, but many of them have enough money to pay out full compensation to victims. The way that mesothelioma has affected the victim is very important in determining how much compensation the victim will receive.
Another consideration is the amount of wages lost. Another factor that determines the amount of money a victim will get involves time. If a case is settled quickly, the settlement amount is likely to be much smaller than if it takes longer to settle.
How we can help you
Asbestos can severely negatively impact an individual’s health and well being. Pursuing a personal injury claim involving asbestos can be complicated and stressful.
If you believe you or a loved one have been negatively affected by exposure to asbestos, you may be entitled to compensation under the law. Call Tucker, Nong and Associates for a free evaluation of your case. Our experienced personal injury lawyers can represent your rights and help you get the compensation you deserve.