A legal statute of limitations is the time period during which you can file a lawsuit after an accident or injury. After the statute of limitations has passed, the legal claim is forfeited and gone forever. With mesothelioma, the statutes of limitations vary by state in the U.S.
The states of Kentucky, Louisiana, and Tennessee have the shortest statutes of limitations for mesothelioma lawsuits at one year from the date of mesothelioma diagnosis. North Dakota has the longest statute of limitations, which is six years from diagnosis. Most other states have statutes of limitations of two or three years from date of mesothelioma diagnosis.
More than 600,000 malignant mesothelioma claims have been filed in the U.S. Claims may be filed by victims or their loved ones if the person with mesothelioma has died. A successful mesothelioma claim can help victims and their families receive some financial compensation for their losses, which may include medical costs, loss of income, disability, or psychological suffering.
What do Mesothelioma Attorneys Do when Someone Wants to Make a Claim?
Some states do not have mesothelioma lawyers who specifically specialize in mesothelioma cases. However, that should not stop someone who has been diagnosed with mesothelioma from filing a claim. Lawyers throughout the U.S. who specialize in mesothelioma cases often work in partnerships with local lawyers to help them do what has to be done to properly make a claim against a company for exposing a mesothelioma patient to asbestos. The law is complicated and differs from state to state. It is important to be in touch with a mesothelioma cancer attorney as soon as possible after a diagnosis so that statutes of limitations will not be exceeded.
If you worked at more than one place where you may have been exposed to asbestos, your lawyer needs to know the names of all of them. Sometimes private investigators can go through records to determine where and when a person was exposed to asbestos that caused malignant mesothelioma. It is important to note that simply having been exposed to asbestos is not grounds for a lawsuit. You must have been diagnosed with malignant mesothelioma (or another asbestos-related illness such as asbestosis) before you can sue.
How are Cases Settled?
Regardless of where the lawsuit is filed, the plaintiff does not have to go there unless he or she wants to. All of it can be done from the patient’s home or city of residence. During the “discovery phase” of the lawsuit, all relevant information is exchanged regarding the case. This phase of the case prepares for a jury trial and gathers information that can be used in discussions of possible out of court mesothelioma settlements. Many settlement offers are made at this time because only rarely do defendants want to have a jury trial.
If there is no reasonable settlement offered at this point, however, around three months after the initial contact, you’ll be interviewed by your own attorney and by attorneys for the defendants. Your testimony can be videotaped at your home if necessary. This phase, the deposition phase, takes up to a week. If no fair settlement offer is made, you may choose to have a trial, which normally begins about four months after you first contact your attorney. Some states, such as California, have laws that greatly shorten the length of time before malignant mesothelioma trials due to the low mesothelioma survival rate. Trials usually last three to four weeks. Generally mesothelioma lawyers are paid from any settlement that you receive from a company that is held liable for your asbestos exposure.
Whether you hire an Arizona mesothelioma lawyer, a Florida mesothelioma attorney, or a Michigan mesothelioma lawyer is not as important as whether he or she is experienced in handling this type of claim.
What Kind of Mesothelioma Settlements are Typical?
Settlements in cases of malignant mesothelioma tend to range from $1 million to $20 million. Though this may sound like a generous amount of money (and usually is), the costs of mesothelioma treatments can be very high. A few mesothelioma cases that have gone to trial have resulted in companies using asbestos being assessed punitive damages, above and beyond the settlement for medical bills, loss of income, and physical and psychological suffering. Damages are also awarded for some relatives’ loss of companionship and other economic damages due to the devastating nature of malignant mesothelioma and the relatively low mesothelioma survival rate.
The losing party at trial may appeal the verdict to a higher court. In many if not most cases where asbestos cases go to trial, the defendants will usually choose to settle rather than appeal when they lose the case. But when a defendant appeals a ruling unfavorable to them, it is important to have a mesothelioma lawyer who has experience dealing with appeals. While medical science is making progress in improving the mesothelioma survival rate, the statute of limitations for suing over asbestos exposure is relatively short. Anyone diagnosed with malignant mesothelioma has much on their mind, and a lawsuit may not seem a priority, but mesothelioma treatment is expensive, and legal action can at least take away some of the financial worries in many mesothelioma cases.