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How Long Does an Asbestos Claim Take? Those who have been diagnosed with an asbestos-related illness may seek compensation from the companies that are responsible for their exposure. To recover damages, individuals can file a personal injury claim or wrongful death claim. These compensations can assist families and victims pay medical bills, lost wages, and other costs related to their illnesses. What is the time frame to complete an asbestos claim? Statute of limitations Every state has laws that set an expiration date for personal injury claims and asbestos-related wrongful deaths. This is known as the statutes of limitations. A mesothelioma lawyer will help ensure that the deadline for filing a claim is not missed, so that you can pursue financial compensation. A lawyer can assist in determining the law in the state that applies to a client's case which is influenced by the type of disease that was afflicted, the location where exposure occurred as well as other factors. Some states have different statutes of limitation for asbestos-related diseases like mesothelioma or lung cancer because these illnesses do not manifest immediately after exposure. The clock for the statute of limitations starts when a person is diagnosed with an asbestos-related illness not the date of exposure. Asbestos cases typically require a discovery procedure where both parties exchange documents and information to strengthen their positions. It can take months. Lawyers who specialize in mesothelioma are familiar with this process and can assist victims in requesting documentation from asbestos companies for documents from asbestos work or other types of jobs. The court that decides on the asbestos claim will determine how quickly it is resolved. Certain courts have asbestos departments and can process cases faster than others. Many courts mix asbestos cases in with other legal proceedings, which can lead to delays. An experienced attorney will be able to build an argument that is strong for you to get financial compensation. This is because asbestos exposure can cause severe damage. You may be entitled to a reimbursement for medical bills, living expenses, disability benefits home care loss of income funeral and burial costs when a loved one has died from an asbestos-related illness, and much more. Your mesothelioma lawyer can tell you how to account for your pain and suffering when submitting a settlement demand to the defendants. Contacting an attorney for mesothelioma as soon as you are diagnosed is crucial. Even the time frame for completing your statute of limitations is up, an attorney will still be able to examine your case and give you suggestions on how to pursue compensation. For instance, certain manufacturers have created trust funds that offer compensation to asbestos victims and their families. How to File a Claim Asbestos lawsuits differ from the majority of personal injury claims. Typically the statute of limitations “clock” starts ticking when an injury or illness occurs. In asbestos-related claims, asbestos exposure often occurs decades before diagnosis. As a result, victims may have to go through a lengthy legal process to obtain compensation. The complexity of the case, and the defendants, will determine the amount of time required to resolve a mesothelioma lawsuit. The longer it takes to settle the case the more defendants there are. The plaintiff's history of health, work or exposure can also impact the timeline. Completing the paperwork is an important step in filing a lawsuit for mesothelioma. This includes providing your medical records, employment information, a mesothelioma medical report and any other documents to back your claim for damages. After the paperwork is submitted, the victims must wait until the defendant(s), respond. It can take several weeks or months, depending on the circumstances. In this stage it is crucial to have a mesothelioma lawyer to assist you who understands the complex litigation processes that are involved in this type of claim. After receiving the responses, the lawyer for the plaintiff will schedule a pre-trial conference and start the discovery process. This includes soliciting documents from the party responsible, taking depositions and questioning witnesses. This part of the case can be extremely time-consuming but is essential in the creation of a strong argument for damages. The size of the asbestos trust fund being accessed will also impact the time it takes the victim to receive compensation. Tens of billions of dollars have been allocated for compensation of people who have been diagnosed with mesothelioma or other asbestos-related illnesses. Some of these funds have rapid reviews that settle claims swiftly and for a fixed payout amount. Other trust funds examine cases in a separate manner and take longer to reach a conclusion. Settlement The process of negotiating an asbestos settlement begins after the attorney for the plaintiff and the plaintiff have a strong case. The process is long and can take months if not years. It is based on a variety of factors, including the type and quality of evidence available. The amount of proof of exposure is the most important component in determining how long it will be to settle an asbestos lawsuit. Attorneys must gather all relevant documents and information related to the exposure of the victim, like medical records or a history of employment. They may also have to hire experts and obtain documents from defendants. Asbestos victims can receive compensation for a range of damages including the future and past medical costs, pain and suffering, and lost income because of illness. Additionally an asbestos lawsuit that is successful sends a message to businesses who put profit over workers' safety by exposing them to dangerous asbestos-containing products. Having an asbestos lawyer by your side throughout the negotiation process is crucial. Your lawyer will work hard to secure the highest possible settlement for your case. The court handling your asbestos claim can also affect the length of time required to settle. Certain courts have asbestos-specific departments that can help cases move through the system quicker than other courts. Some courts mix asbestos cases in with other types of litigation which can result in delays. The final factor that can determine the time it takes to settle an asbestos claim involves the defendants' willingness to negotiate. Often, the defendants will only be willing to offer fair compensation to the victims if they are legally required to accept the offer. After the negotiations, the court will review the settlement and issue a decision. If the settlement is approved, it will be paid to the victims by the insurance company of the defendants. If the settlement is denied, the victims may then seek a trial. In this time, the victims may choose to accept, deny or contest the settlement offer. Trial Depending on the circumstances it may be possible for an asbestos claim to be settled without going to trial. This can speed up the legal process and result in the payment of compensation much sooner. Orange asbestos attorney qualified attorney can help asbestos victims collect documentation and other details to make an effective claim. When an attorney has sufficient evidence, they can file against the defendant or asbestos trust. The discovery process begins, where both parties communicate additional details. This may include reviewing any documents and depositions, among other things. After both parties have had a a chance at reviewing the evidence, they may present it to the court for consideration. In an asbestos lawsuit, the victim's claim for compensatory damages is often an important part. This could include a monetary amount for suffering and pain in addition to medical expenses, lost wages and more. In certain situations spouses could also be entitled to compensation for loss of companionship. The amount of compensation awarded is contingent on a variety of factors, such as the severity of the illness and the number of defendants involved. If a mesothelioma sufferer has been diagnosed with a condition related to asbestos, they should contact an attorney who is skilled in assisting them to file an action. A mesothelioma lawyer will look over the history of employment and job sites to identify potential defendants. They can also help victims obtain money from an asbestos trust. Asbestos trusts usually offer either expedited or individual reviews. The former results in a faster settlement and the latter permits a victim's case to be evaluated on its own merits. Asbestos sufferers can usually be compensated through trust funds, even when the responsible companies have closed or gone bankrupt. The courts have ruled in favor of the creation of large asbestos trust funds that are able to pay claims in full. In some instances however the trusts that are set up for asbestos are depleted and have to reduce payments. It's vital to have a mesothelioma attorney who is knowledgeable that can work with asbestos trusts and other financial resources to ensure victims the compensation they need.