Mesothelioma diagnosis makes you eligible to file for a compensation claim and hold the companies responsible for the harm committed against you and your family. In the USA, approximately 3000 people are diagnosed with mesothelioma every year. Mesothelioma compensation is available for each one of them.
You can file a legal complaint through one of the many ways. If the victim is alive, they can file a personal injury claim. The family can also file the claim on the victim’s behalf in a wrongful death claim. The funeral cost is also factored in when calculating the compensation amount in the latter scenario..
- 1 How to File a Mesothelioma Claim?
- 2 How much can you get in a mesothelioma settlement?
- 3 What is the statute of limitation?
- 4 Conclusion
How to File a Mesothelioma Claim?
Moreover, the officers exposed to asbestos during their service in the military can get medical benefits and compensation through veteran affairs department claims. However, you can only get compensation after you file a legal complaint. Here is how you do it.
1Hire An Attorney
Filing a compensation claim can be a long process, so you must be familiar with the whole procedure. Though you can also file a complaint yourself, a better option is to get the help of experienced mesothelioma lawyers who are well versed in filing such claims.
So, finding the right lawyer for your lawsuit is the first step. Certain factors make one lawyer better than the other. These factors include the experience of the lawyer, the percentage of lawsuits won in the past, and their behavior with and how comfortable you are engaging with them.
Once in contact, you can also learn more about compensation timelines and how long it will take to get the money finally. Ensure that your lawyer has ample experience dealing with similar cases guaranteeing their expertise and knowledge.
2Make Sure About Their Fees
While you are hiring a lawyer, you must ensure their payment process. A claimant must not be required to pay anything out of their pocket. Therefore, it is better if your solicitor works under a contingency fee plan. In this process, you only pay when the attorney wins the case and has received compensation for your losses.
3Collect Relevant Information And File A Claim
Your attorney will collect all the information on your behalf. They have enough resources at their disposal to collect evidence, record statements, and retrieve company and medical records. You have to discuss your employment history with your lawyer, so they will know how and when you were exposed to asbestos.
Based on the information you provide and their self-collected evidence, your attorney can draft all the legal documents to file the complaint in court. Compiling all the relevant data and proof about your asbestos exposure and illness is extremely important to win the compensation.
The more prepared you are concerning documentation, the more are your chances to pressurize the defendants to oblige to your claim.
4Produce All The Requested Documents
The success of your lawsuit hinges on the ability of your lawyer. They must produce all the documents, responses, and evidence demanded by the court or the defendants in a timely and accurate manner. You have to respond to interrogations to maximize your chances systematically.
There is a time window called “discovery” in which you can ask for the evidence from the defendants and collect witness statements. The discovery is extremely important because the evidence collected will be used in court. More importantly, the strength of your evidence can sway the defendants to resort to a settlement.
5Negotiate A Settlement Or Go To The Trial
Depending on the strength of your evidence, responses, and arguments, the defendants might be more inclined to resort to a settlement. In this, they offer compensation outside the court. If the offer is not sufficient, your lawyer can negotiate on your behalf or may go to court to present your case.
Most defendants try to avoid the lengthy and tiring court procedures and settle out of court. Getting a mesothelioma settlement is a quicker way to close the case. In the case of a trial, the verdict depends on the judge or jury, so often, it proves very risky.
How much can you get in a mesothelioma settlement?
All mesothelioma cases are quite different, so their compensation is also not the same. It depends on the strength of your evidence and the chance of winning or losing the case. Besides, the amount also depends on which case you are filing. A mesothelioma personal injury claim can get you an average compensation of $1 million. However, the number can go much higher too.
What is the statute of limitation?
A Statute of limitation is the time window allowed by the state in which you can file the claim. The clock starts after you have been diagnosed with cancer. Usually, you have one to two years to file the claim, though it can go higher in some states. When you engage with your lawyer, you must tell the exact date of diagnosing mesothelioma.
Based on the statute of limitation of your state, the attorney may ask you to file the case in another state where you still fulfill the requirement. Hence, hiring an attorney with experience working in many states is always better.
Filing a mesothelioma claim is your right as the victim of asbestos exposure. Though it is possible to file the claim yourself, it is often better to help experienced lawyers with ample experience in these litigations. The earlier you file the case, the sooner you get the compensation to relieve some of your medical and other financial expenses.