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How Long Does an Asbestos Claim Take? Anyone diagnosed with an asbestos-related disease can seek compensation from companies responsible for their exposure. Individuals may claim personal injury or wrongful death claims to collect compensation. These compensations assist the family members of victims pay for medical costs, lost wages and other costs associated with their disease. However, how long does an asbestos claim take? Statute of limitations Every state has laws that set the deadlines for personal injury claims as well as asbestos-related wrongful death claims. This is referred to as the statute of limitations. A mesothelioma attorney can assist you to ensure that the statute of limitations has not been missed, so you can pursue financial damages. A lawyer can establish the state law that is applicable to the client's situation. This can be affected by the nature and location of the disease and other aspects. Different states have different statutes of limitation for asbestos-related diseases such as mesothelioma or lung cancer since these diseases do not develop immediately following exposure. The clock of time for a statute of limitations begins when a person is diagnosed with an asbestos-related disease, rather than on the date of exposure. Asbestos cases are usually subject to a discovery process where the parties share documents and information to strengthen their positions. It can take a few months. Mesothelioma lawyers are familiar with the process and can help victims in requesting documents from asbestos companies, for example, documents of asbestos removal or other types of work. The court that hears the asbestos case will decide how quickly it will be resolved. Certain courts have asbestos departments, which can handle cases faster. However, many courts mingle asbestos cases with other legal proceedings, which could create delays. An experienced lawyer can construct an effective case to obtain an amount of money to compensate you for the damage you've suffered as a result of the exposure to asbestos. You could be entitled to compensation for medical expenses, living costs, disability benefits, homecare, loss of income and funeral and burial costs in the event that a loved one died from an asbestos-related illness. Your mesothelioma lawyer can tell you how to justify your pain and suffering when you submit a settlement request to the defendants. Contacting an attorney for mesothelioma when you are diagnosed is essential. Even when your statute of limitation has expired, a lawyer will still be able to review your case and give you suggestions on other avenues to pursue compensation. Some manufacturers, for example have established trust funds to pay compensation to asbestos victims and their families. How to Claim? Asbestos lawsuits are different from other personal injury lawsuits. The statute of limitations “clock” in the majority of cases, starts ticking as soon as an injury or illness is discovered. However, with asbestos claims, the exposure to asbestos usually occurs years before the diagnosis. Because of this, asbestos victims could face a lengthy legal process to obtain compensation. There are many factors that determine the length of time a mesothelioma lawsuit will take to settle, including the nature of the case and the defendant(s). The longer it takes to resolve the case the more defendants there are. The plaintiff's past history of exposure, health and work can affect the timeframe. Complete the paperwork is an important step in filing a lawsuit for mesothelioma. This involves submitting medical records as well as employment histories, a mesothelioma diagnosis report, as well as other documentation that will help support the claim for damages. Once the paperwork is submitted, victims must wait for the defendant(s) to respond. This could take a few weeks or several months depending on the situation. During West Palm Beach asbestos lawyers , it is important to have a mesothelioma lawyer on your side who is aware of the complex litigation procedures involved in this kind of claim. When the responses are received, the lawyer for the plaintiff will set up a pretrial conference and begin the discovery process. This includes requesting documents from the liable party, taking depositions and examining witnesses. This can be a very time-consuming portion of the case, but it is crucial in the development of a convincing argument for damages. The size of the asbestos fund accessed will affect how long it takes for a victim to be compensated. Tens of billions of dollars have been allocated to pay compensation to those diagnosed with mesothelioma and other asbestos-related diseases. Some of these trust funds offer expedited reviews to settle claims fast for a set payout amount. Other trust funds review cases separately and take longer to reach a decision. Settlement Once a plaintiff and their attorney have a strong case, it is time to start negotiating an asbestos settlement. This process can be lengthy and could take months perhaps even years. It's dependent on a number of aspects, including the type and quality evidence available. The amount of evidence of asbestos exposure is crucial in determining the length of time it will take for an asbestos lawsuit to be resolved. Attorneys need to collect all relevant documents and information related to the exposure of the victim to asbestos like medical records and work history. They may also be required to collect documents from defendants and engage experts for testimony. Asbestos victims can be compensated for a range of damages that include future and past medical expenses including pain and suffering and lost income due to illness. A successful asbestos lawsuit conveys a strong message to businesses that place profits ahead of safety by exposure to asbestos-containing products. A lawyer for asbestos on your side throughout the negotiation process is vital. Your lawyer will do everything possible to get you the best settlement for your case. Another factor that influences how long it takes to settle an asbestos claim is the court that handles your case. Some courts have asbestos-specific departments that can assist in transferring cases through the system more quickly than others. Some courts mix asbestos cases with other types of litigation, which can lead to delay. The defendants' willingness to negotiate could influence how long it takes asbestos claims to be settled. In most cases, defendants will only agree to pay fair compensation to the victims if legally required to do so. After the negotiations, the court will review the settlement and issue a ruling. If the settlement is accepted by the court the insurance company of the defendants will pay the victims. If the settlement is not approved then the plaintiffs may request a trial. During this time, victims can accept, reject or contest the settlement offer. Trial Based on the specific circumstances, it could be possible for an asbestos claim to be settled without going to trial. This can drastically speed up the legal process and result in compensation much sooner. A qualified attorney can help asbestos victims collect documentation and other information to create a strong claim. Once an attorney has enough evidence, they'll make a complaint against the defendant or asbestos trust. The discovery process starts, where both parties exchange additional details. This could include reviewing any documents, taking depositions and more. Once both parties have had a chance at reviewing the evidence, they are able to present it to the court for consideration. In an asbestos lawsuit, the claim of the victim for compensatory damages is often an important part. This could include a financial value for suffering and pain medical expenses loss of income, and many more. In certain cases spouses may be entitled to compensation because of loss of companionship. The amount of compensation is contingent on a variety of factors, like the severity of the illness and the number of defendants involved. If a mesothelioma sufferer has been diagnosed with a condition connected to asbestos, they should seek out an attorney who is experienced in assisting them with filing a claim. A mesothelioma lawyer can review the history of a patient's employment and the location of their job sites to identify possible defendants. They can also help victims seek funds from an asbestos fund. Most asbestos trusts offer speedy reviews or individual reviews, with the former resulting in an earlier payout, and the latter permitting a victim to have their case reviewed on the merits. Trust funds can offer compensation to asbestos-related victims, even if their businesses are bankrupt or have closed. The courts have ruled in favor of the establishment of large asbestos trust funds that can pay claims in full. In certain cases, asbestos trusts are depleted, and payments must be rationed. It is crucial to choose mesothelioma lawyers who are skilled and able to work with asbestos trusts, as well as other financial resources to ensure that victims receive the compensation they are entitled to.