If you have been diagnosed with mesothelioma after being exposed to asbestos, you might wonder if you can file a lawsuit and expect to recover any money for the damages. Your answer is yes. People who suffer from mesothelioma due to working around asbestos have a great chance of receiving monetary damages, either from an insurance company, an asbestos victims’ trust fund that assumed liability for the company or from the company that installed or manufactured the asbestos. This is still true even if the original manufacturer has closed down, gone bankrupt or sold out, thanks to the trust fund of the asbestos’ victim.
In most cases, mesothelioma develops within 10 to 40 years after being exposed to asbestos. The state laws, called the statutes of limitations, allows people anywhere from one to five years from the onset of mesothelioma to proceed with a lawsuit. It’s very important to act quickly, because in some states, the statute of limitations is just one year.
If the mesothelioma victim has passed away, his or her spouse and heirs usually have from one to three years from their loved ones death to file an action of wrongful death. This can result in substantial monetary damages. Victims of mesothelioma can’t file class action lawsuits because every person’s prognosis and medical history is different, so the cases must be filed individually.
Most mesothelioma cases get settled before they go in front of a jury. If you have all the facts regarding your employment history and medical condition, and if there is a payment source that is easily identifiable, such the victims’ trust fund or an insurance company, you will probably get your money within a year of filing a lawsuit. In other circumstances, where the amount of money received depends on the outcome of a trial, it can take a couple of years. Fortunately, the rules of the court in most states recognize that victims of mesothelioma have a short time to live and hasten up their lawsuits.
The amount of compensation you receive for developing mesothelioma is tough to estimate. Some cases result in millions of dollars and others for a very small amount of money. This is because in past years, several companies that installed or manufactured asbestos have gone bankrupt or closed down which resulted in the courts’ requiring that large amounts of money be put aside to compensate any future victims.
Along with the size of the victims’ compensation money available for payment, each person’s specific mesothelioma illness and how it affects their life makes a difference in the verdict or cash settlement amount. The amount of wages lost, the cost of medical expenses and the degree of the person’s suffering and pain are all major factors when putting a value amount on a specific case.If you or someone you love is suffering from mesothelioma, contact us today so that you can receive the just compensation you deserve.