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How Long Does an Asbestos Claim Take? The time required to settle an asbestos claim or to give compensation can differ. The process typically takes a period of 18 months. Victims or their loved ones should begin the process by hiring an asbestos lawyer who is experienced. The lawyer will determine the different kinds of compensation a victim could be entitled to. Statute of Limitations A statute of limitations establishes the maximum period of time for legal claims. It is crucial that an asbestos victim or family members file a claim before the statute of limitations runs out. Failure to file a claim could mean that the amount of compensation he or she deserves. An attorney for mesothelioma can determine whether the statute of limitations is appropriate for your particular situation. Statutes vary according to state and type of claim for personal injury or wrongful death. Mesothelioma and other asbestos-related illnesses, have an extended latency phase. This means that sufferers might not even be able to show signs or know they have the disease until years after exposure. Due to this, the statute of limitations clock doesn't necessarily begin the day that a patient first starts to exhibit symptoms. The clock could instead begin when a physician should have reasonably known that asbestos exposure was to be blamed for the illness. Certain states also allow the statute of limitations to be extended. This puts the clock in a pause but only for a short period of time. This is usually the situation when the person who is seeking to claim benefits is a child or lacks legal capacity. A judge or another person may also stop the clock in instances in which there was fraud by the defendant. An experienced mesothelioma attorney can study the different aspects that affect the time limit for a specific asbestos case, including the type of case, the location of the employer or exposure, and the number of illnesses that are diagnosed. Based on their specific circumstances, victims may be eligible to extend their statute of limitations, or find other compensation options including veterans' benefits, workers compensation, or trust funds. People who are exposed to asbestos should consult mesothelioma attorneys as soon as possible to discuss their situation. The most reputable mesothelioma lawyers will travel to clients' homes and meet with their families. They also are available on a contingent basis. Complete a free case assessment today to start. It takes just some minutes, and you will be contacted by an attorney shortly to discuss your case. Making a Claim Many people who are affected by asbestos are confused about what takes to file a mesothelioma lawsuit. It can take a while, but experienced lawyers are able to accelerate the process. They have connections with mesothelioma specialists, and they are able to gather evidence and determine the liability of defendants. A qualified mesothelioma attorney will review your medical history, employment records, and asbestos-related documents to determine your eligibility for compensation. They will also help you identify possible avenues of recovery including bankruptcy trusts, Department of Veterans Affairs and asbestos insurance companies. An attorney can also help you interview witnesses to make a strong case. They will determine the extent of your exposure to asbestos as well as the time it took for you to develop a disease. They will also collect any additional evidence, such as an x-ray to confirm a diagnosis of mesothelioma. The initial consultation with a lawyer is completely free. Once they have collected all the necessary information, your attorney will begin to file a lawsuit in civil court or through an asbestos trust. In certain instances the complaint will contain the demand for compensatory damages such as a monetary award for pain and suffering as well as medical expenses. You or a loved one could also be eligible to receive punitive damages in addition to compensatory damages. In other areas of personal injury law in other areas of personal injury law, the “clock” of the statute of limitations starts when an incident occurs. This does not apply to asbestos cases. Because of the long time frames for mesothelioma as well as other asbestos-related diseases, you need to be quick to make a claim before the deadline runs out. When your lawyer submits a complaint, the liable party or asbestos trust will be given the opportunity to respond. In certain cases, they'll resolve the matter without having to go to the court. However, if the parties aren't able to reach an agreement the mesothelioma trial will commence. The litigation process can go on for a number of years. It is crucial to speak with an experienced attorney early and act swiftly. The process of negotiating a settlement The timeframe for filing an asbestos claim can differ widely based on the specific case however, there are some important factors that victims and their family members can consider to determine the length of time they'll have to wait to pursue compensation. Asbestos victims need to file a lawsuit before the statute of limitations expires and collaborate with an experienced lawyer to ensure that their claim is strong. Asbestos lawyers are skilled in managing the litigation process and can assist clients in obtaining the compensation they are entitled to. They can assist victims make a convincing case against negligent asbestos companies. This may include identifying the areas and types of asbestos exposure, collecting evidence of financial losses caused by asbestos exposure and presenting this evidence to the defendants in settlement negotiations. Albany asbestos attorneys are also well-versed about how mesothelioma, as well as other asbestos-related illnesses, may impact the quality of life of a victim. They are aware of the need to include this in their demands for damages, and assist victims negotiate fair settlements. As part of the discovery stage attorneys for mesothelioma will communicate with asbestos companies' lawyers after the lawsuit has been filed. This process can take several months. Once both parties have this information, it's typical for them to attempt and reach an out of court settlement that leads to an asbestos settlement. Most mesothelioma lawsuits settle outside of court because the businesses don't want pay large sums of cash to go to trial. A victim's lawyer will review the settlement offer from a company and may suggest a counter-offer. If the victim accepts a company's settlement offer then they must sign and notarize a consent form before seeking further compensation. They can also refuse or reject the offer and continue to pursue compensation using other methods such as taking the company on trial. It may be easier for asbestos victims to obtain compensation by filing an action rather than through an asbestos trust. These funds are established by asbestos manufacturers to settle claims quickly, without the need for lengthy trials. However, asbestos trusts can be unable to pay and are not available for all victims. Trial If you're a mesothelioma victim or the spouse who survived a victim the legal procedure to claim compensation can be long. You must prove you suffered damage due to wrongful asbestos exposure, and the defendants have to acknowledge their responsibility for the harm they caused. You may also be entitled to compensatory damages to compensate for your suffering. This can include medical expenses loss of wages, emotional distress. You may also be able to seek punitive damages to punish the company and deter others from doing the same thing. It's important to be aware of where you worked and which asbestos-containing products were used. Many people who develop mesothelioma or other asbestos-related illnesses have multiple exposures to different kinds of asbestos. Before symptoms appear and an asbestos-related condition is diagnosed, it can take years. This latency period is a major reason behind the asbestos statutes-of-limitations laws which limit your time to file a lawsuit. The majority of asbestos claims are settled through settlements with asbestos companies. Your attorney can negotiate the conditions of your settlement which typically include a lump sum payout and ongoing payments to cover your future medical costs. An important part of your case is the discovery phase, during which you and the defendants exchange information about the case. This process can be time consuming and is an essential element in preparing for trial. When the case is ready for trial, a jury and/or judge will hear your testimony and decide how much money you deserve in your lawsuit. Although your lawyer will make an argument that is convincing on your behalf, the amount of compensation that you receive will be a bit erratic. The majority of asbestos lawsuits are settled however, in a few cases, your claim may go to trial. This can prolong your lawsuit and you may not receive a higher award than when you settled. Your lawyer will explain to you the advantages and disadvantages of a trial and help make a decision for your particular situation. Asbestos victims have been awarded millions of dollars in verdict awards, however this doesn't mean you'll get this amount.