Receiving an asbestos-related illness diagnosis, such as mesothelioma, is an overwhelming experience. The emotional and financial toll can leave patients and families searching for answers and solutions.
One key step to securing compensation and justice is filing an asbestos lawsuit. This article will walk you through every step of the process—from diagnosis to potential compensation—so you can focus on what’s most important: your health and your family.
The First Steps From When Diagnosed to Taking Legal Action
When you or a loved one receives a diagnosis of mesothelioma or another asbestos-related illness, the first instinct is often shock, followed by questions like “What now?” and “How did this happen?” It’s important to remember that you’re not alone in this journey.
Seeking legal assistance from experienced asbestos law firms, like those recommended by Mesowatch, and other advocacy groups such as the Asbestos Disease Awareness Organization (ADAO) and The Mesothelioma Applied Research Foundation, can help you navigate this complex process.
The reality is that asbestos exposure often occurs decades before symptoms appear, making it a challenging legal process to pinpoint the source of exposure. However, specialized asbestos attorneys have the expertise to build a compelling case against the parties responsible. The first step is gathering evidence, which includes:
- Medical records confirming your diagnosis
- Employment records showing where you may have been exposed to asbestos
- Product receipts or documentation indicating asbestos-containing materials you may have used
- Witness statements from coworkers or others who can attest to your asbestos exposure
Finding the Right Legal Team
Choosing a legal team with a proven track record in asbestos litigation is crucial. Firms like those working with Mesowatch specialize in asbestos lawsuits and know how to investigate complex cases involving companies, manufacturers, and even bankrupt asbestos trust funds. The right team will fight to win your case and ensure you receive fair compensation for your suffering.
Understanding the Asbestos Lawsuit ProcessFiling the Lawsuit
Once you’ve chosen legal representation, your attorney will file the lawsuit on your behalf. This typically involves outlining your asbestos exposure history, proving that the exposure caused your illness, and identifying liable companies or entities. Filing your lawsuit is the critical starting point to officially begin seeking compensation for your medical bills, lost wages, and suffering.
The Discovery Phase
After filing, your legal team enters the discovery phase, where they’ll gather witnesses’ depositions, obtain company documents, and solidify the evidence needed to prove your case. This phase is crucial in laying the groundwork for a successful settlement or trial. Being patient during this process is important, as it can take time to build a strong case.
Settlement vs. Trial
The vast majority of asbestos lawsuits settle before going to trial. Settlements are common because companies prefer to avoid lengthy court battles that could damage their reputations. However, if a settlement cannot be reached, your case will go to trial, where a jury will decide the outcome. Whether through settlement or trial, your attorney will fight to ensure you receive the maximum compensation possible.
Asbestos Trust Funds: A Faster Route to Compensation
If the company responsible for your exposure has gone bankrupt, you may still have options. Asbestos trust funds were set up by bankrupt companies to compensate victims without the need for a full trial. Many well-known companies, such as Johns Manville, W.R. Grace, and USG Corporation, have established these trust funds to ensure victims receive compensation even after the company has declared bankruptcy.
Filing a Trust Claim
Your legal team can guide you through filing a claim with one or more asbestos trust funds. These claims often offer quicker payouts, although they might be lower than what a lawsuit could secure. The key benefit here is speed—trust funds are designed to pay victims efficiently and with fewer legal hurdles.
Balancing Trust Claims and Lawsuits
It’s possible to pursue both a trust claim and a lawsuit, depending on your case. This strategy can maximize your compensation and ensure that you’re covering all avenues for relief.
Compensation: What You Can Expect
Asbestos lawsuits aim to secure financial compensation to cover a wide range of damages:
- Medical Costs: Treatments like surgery, chemotherapy, and hospital stays are incredibly expensive, and lawsuits aim to cover these costs.
- Lost Income: Many asbestos victims are forced to leave work, either temporarily or permanently, due to their illness. Compensation seeks to make up for these lost wages.
- Pain and Suffering: Beyond financial costs, asbestos lawsuits also take into account the emotional and physical toll of the illness on you and your family.
The amount of compensation received can vary depending on factors such as the severity of your illness, the strength of the evidence in your case, and the number of companies found liable for your exposure.
Legal Challenges: Overcoming Obstacles in Asbestos LawsuitsProving Asbestos Exposure
One of the toughest challenges is proving where and how you were exposed to asbestos. Due to the long latency period of diseases like mesothelioma, victims are often diagnosed 20-50 years after exposure. Your legal team will need to conduct a detailed investigation, which can include finding old employment records, product usage histories, or even locating former coworkers who may testify.
Corporate Defenses and Delays
Companies facing asbestos lawsuits often have well-funded defense teams. They may argue that your illness was caused by something other than their products or attempt to delay the process. Experienced asbestos attorneys have strategies to counter these defenses, such as:
- Working with medical experts to establish a clear link between asbestos exposure and your illness
- Conducting thorough investigations to uncover evidence of asbestos use by the company
- Leveraging their knowledge of asbestos litigation to anticipate and counter common defense tactics
Moving Forward with Confidence
Filing an asbestos lawsuit can feel overwhelming, but remember: you’re not alone. Legal experts, asbestos organizations like Mesowatch, ADAO, and The Mesothelioma Applied Research Foundation, as well as support networks, are all available to guide you through every step of the process.
With the right team, you can secure the compensation you deserve and hold the companies responsible for your asbestos exposure accountable. The journey may be long, but with the proper support, justice is within reach.
Take the first step today by reaching out to Mesowatch or another reputable asbestos advocacy organization. They can connect you with experienced attorneys who will fight tirelessly on your behalf and provide the guidance and support you need during this challenging time.
FAQs
Before you begin the legal process, you likely have some pressing questions. Here’s a brief introduction to help you understand what to expect:
What is the typical timeline for an asbestos lawsuit?
The duration varies, but most cases settle within 12-18 months. Complex cases that go to trial may take longer.
Can family members file an asbestos lawsuit on behalf of a loved one?
Yes, if the individual has passed away, surviving family members can file a wrongful death lawsuit.
Is there a deadline for filing an asbestos lawsuit?
Yes, there are statutes of limitations that vary by state. It’s important to act quickly after diagnosis or the passing of a loved one to avoid missing the deadline.
What kind of compensation can I receive?
Compensation typically covers medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
Can I file an asbestos lawsuit if the responsible company has gone bankrupt?
Yes, many companies that use asbestos have set up trust funds to compensate victims even after declaring bankruptcy.
How much does it cost to file an asbestos lawsuit?
Many asbestos attorneys work on a contingency basis, meaning they only get paid if your case is successful. This allows victims to pursue legal action without upfront costs.
