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How Long Does an Asbestos Claim Take? The amount of time it takes for an asbestos claim to settle or be awarded can vary. In general, the process lasts eighteen months. The family members of victims should begin the process by hiring an experienced asbestos attorney. The lawyer will be able to determine all possible types of compensation the victim could be entitled to. Statute of limitations A statute of limitation sets the maximum time frame for legal claims. It is essential that asbestos victims or their families file a claim prior to the statute of limitations expiring. Failure to do so could jeopardize the amount of compensation that he is entitled to. A mesothelioma attorney can help determine if the statute of limitations is appropriate for a specific case. Statutes vary according to state and type of claim, including personal injury or wrongful death. Mesothelioma and other asbestos-related illnesses have a long period of latency which means that victims don't exhibit symptoms or even realize they have an illness until decades after exposure. Because of this, the statute of limitations clock doesn't necessarily begin the day when a person first begins to show symptoms. Instead, the clock may start when a doctor should be aware that asbestos exposure was the primary factor to blame for the disease. Additionally, certain states allow for the statute of limitations to be tolled, which means that it stops the clock for a specific period of time. This usually applies to cases where the claimant who is eligible is a minor or lacks legal capacity. A judge or a third party may also stop the clock in cases of fraud by the defendant. An experienced mesothelioma lawyer will research the different factors that affect the statute of limitation for a specific asbestos case, including the type of exposure, the location or employer of the exposure and the number diseases diagnosed. Based on Federal Way asbestos attorneys , victims might be able to obtain extensions to their statute of limitations or find alternative options for compensation for veterans, for example, benefits or workers' compensation or trust fund claims. Asbestos-exposed individuals should contact a mesothelioma lawyer as soon as they can to discuss their case. The most effective mesothelioma lawyers will visit clients' homes and meet with their families. They also work on a contingent basis. To begin, fill out a free case evaluation now. It takes only a few minutes, and the attorneys will contact you shortly thereafter to discuss your case. How to File a Claim Many people who have been affected by asbestos are curious about the procedure of filing a mesothelioma claim. The process can take quite a while, but experienced attorneys are prepared to speed up the process. They have connections to mesothelioma specialists and know how to gather evidence and identify liable defendants. A mesothelioma lawyer who is qualified will examine your medical history, employment records and asbestos-related papers to determine if you are eligible for compensation. They will also work with you to determine the best options for recovery, including bankruptcy trusts as well as the Department of Veterans Affairs, and asbestos insurance companies. A lawyer will also assist you interview and find witnesses to establish a solid case. They will determine the extent of your exposure to asbestos as well as the time frame it took you to develop a disease. They will also gather any additional evidence that you have, such as the results of a needle biopsy that confirms the diagnosis of mesothelioma or another asbestos-related disease. The initial consultation with a lawyer is completely free. After they have gathered all the necessary information, your attorney will begin to file a complaint in civil court or through an asbestos trust. In certain cases complaints, there may be the demand for compensation damages, such as an amount in cash for suffering and pain or medical expenses. You or a loved one may also be eligible for punitive damages, in addition to compensatory damages. In other areas of personal injury law, the statute of limitations “clock” starts when an accident occurs, it doesn't apply to asbestos cases. Because of the long delay times of mesothelioma and other asbestos-related diseases, you need to act quickly to make a claim before the deadline runs out. After your lawyer has filed a formal complaint, you will be given the chance to respond. In certain cases, they'll settle without going to the court. If the parties fail to reach an agreement, then mesothelioma litigation will be filed. The litigation period can last several years. This is why it is crucial to act fast and consult an experienced attorney. Negotiating a Settlement While the timeline of an asbestos claim varies greatly from case to case, there are key elements that can help the victims and their families know how long they may need to pursue compensation. Asbestos victims must file a lawsuit before their time limit expires, and they should work with an experienced attorney to ensure that their claim is strong. Asbestos lawyers have experience managing the litigation process and can assist clients in obtaining the compensation they are entitled to. They can assist victims to build a strong case to make negligent asbestos companies accountable for their wrongful conduct. This could include identifying the kinds and areas of asbestos exposure, and collecting evidence of the financial losses caused by their exposure. Mesothelioma attorneys are also familiar with the impact that mesothelioma and other asbestos illnesses can have on the victim's quality of life. They will be able to take this into account when preparing a demand for damages, and will assist victims to negotiate fair settlement offers. In the discovery process, mesothelioma attorneys will share information with asbestos companies' lawyers after the lawsuit has been filed. It could take several months. Once both sides have the information, they will usually try to reach an out-of-court settlement that results in an asbestos settlement. The majority of mesothelioma lawsuits are settled outside of court because the companies don't want to pay large sums of money to be able to proceed to trial. A victim's lawyer will review a company's settlement offer and may suggest an alternative offer. The victim must sign a release and have it notarized prior they can pursue additional compensation in the event they accept a company's offer of settlement. They may also decline or rescind the offer and continue to pursue compensation through other avenues such as taking the company to trial. It may be easier for asbestos victims to obtain compensation by filing a lawsuit than through an asbestos trust. These funds are set up by the asbestos producers to quickly pay out claims without the necessity of a lengthy trial. The asbestos trusts may be unable to pay out funds and not be available to all victims. Trial Whether you're a mesothelioma survivor or the surviving spouse of victims the legal procedure to claim compensation can be lengthy. You must prove that you sustained damages from wrongful asbestos exposure and the defendants must admit they are liable for your harm. You also may qualify for compensatory damages designed to compensate you for the financial cost of your suffering, which includes medical expenses as well as lost income and emotional distress. You may also pursue punitive damages to punish the company for their wrongful actions and prevent others from doing the same thing. It's crucial to know where you worked and which asbestos-containing products were employed. Many people who develop mesothelioma or other asbestos-related illnesses have multiple exposures to various kinds of asbestos. It can take decades before symptoms start to appear and you are diagnosed with an asbestos-related disease. This time frame is a major reason behind the asbestos statutes-of-limitations laws which limit your time to bring a lawsuit. Most asbestos claims are settled through asbestos companies. Your lawyer can negotiate the terms of your settlement, which usually will include a lump-sum payout and ongoing compensation to pay for the future medical expenses. The discovery phase is an important part of your case. This is when you and the defendants share information about the case. It can be a lengthy process, but it's essential to prepare for the trial. Once the case is set for trial, a jury or judge will listen to your testimony and decide on how much you're entitled to in your lawsuit. The amount of money you get isn't guaranteed, however your lawyers can present an argument in your behalf. The majority of asbestos lawsuits are settled, but in rare cases the claim could go to trial. This can delay your case and you could not receive an amount that is higher than if you settled. Your lawyer will explain the advantages and disadvantages of going to trial and assist you make the decision that's appropriate for your particular situation. Asbestos-related victims have received millions of dollars in verdict awards, but this doesn't mean you'll receive this amount.