A Guide to Mesothelioma Claims
If a person suffers asbestos exposure and receives a mesothelioma diagnosis, they may wonder if they can recover damages. Those with mesothelioma can recover monetary damages from a manufacturer or installer, or from a trust fund or insurance company that’s assumed liability.
How Long Does a Victim Have to File a Claim?
Most people develop mesothelioma 10-40 years after asbestos exposure. In most areas, the statute of limitations gives a victim one to five years from the date of discovery or diagnosis to file a claim. However, it is important to act immediately, because some jurisdictions have lower limits than others. If a victim has passed away, his or her heirs have anywhere from one to three years from that date to file a wrongful death lawsuit. Victims cannot join or file a class action suit because each person’s prognosis is unique, and cases have to be filed singly.
How Long Do Cases Take?
Many asbestos claims are settled out of court. If a victim has gathered information about his or her employment history and medical condition, the lawyer works efficiently, and there’s a firm payment source, a victim can get a settlement in less than a year in many cases. However, in cases where settlement size depends on an impending trial, it can take longer. The courts recognize that these victims have a shorter life expectancy, and, as such, they expedite results when possible.
How Much Will a Victim Recover?
The size of a mesothelioma settlement is hard to determine. Some claims result in multimillion-dollar awards or settlements, while similar cases settle for much less. Over time, many companies that installed or manufactured asbestos-containing products have gone out of business, which has resulted in the courts requiring the creation of victim compensation funds. While some of these funds are sizable enough to pay claims at their full value, others have been depleted so severely that funds must be allocated carefully. In assigning a dollar value to a case, each victim’s unique circumstances are considered, along with lost wages, medical bills, and pain and suffering.
Learn More Today
The full effect of mesothelioma often can’t be assessed for years, by which time treatments are often unsuccessful. However, prompt legal help and adequate damages can help victims make the most of the time they have left. Victims and families can learn about it here at survivingmesothelioma.com/lawyers/mesothelioma-law-firm/.