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How Long Does an Asbestos Claim Take? The time needed to settle an asbestos claim or to pay compensation may differ. The process takes an average of 18 months. The process should begin with the hiring of an asbestos lawyer. The lawyer will be able to determine what compensation the victim is entitled for. Statute of Limitations A statute of limitations establishes the maximum period of time for legal claims. It is crucial that asbestos victims or their families submit a claim before the statute of limitations expiring. Failure to do so could mean that the compensation he or she deserves. An attorney for mesothelioma can determine whether the statute of limitation is appropriate for a particular situation. The statutes differ by state and type of claim, which includes personal injury or the death of a loved one. Mesothelioma, and other asbestos-related illnesses, have a long latency phase. This means that victims may not show any symptoms or even realize they have the illness until decades after their exposure. Because of Springfield asbestos lawyer , the statute of limitations clock doesn't necessarily begin on the date an individual experiences their first symptoms. The clock may begin when a physician should be able to reasonably conclude that asbestos exposure was the cause of the disease. Some states also allow the statute of limitations to be extended. This stops the clock however only for a short period of time. This is usually the situation when the claimant is a minor or has no legal capacity. A judge or another person can also halt the clock in cases where there was fraudulent concealment by the defendant. An experienced mesothelioma lawyer will study the various factors that influence the statute of limitations for a specific asbestos case, such as the type of exposure, the location, or the employer of the exposure and the number of diseases that are diagnosed. Based on the circumstances, the victims might be allowed to extend the time limit, or find other compensation options like veterans benefits, workers' compensation or trust funds. People who are exposed to asbestos should consult mesothelioma attorneys as soon as possible to discuss their case. The most effective mesothelioma lawyers are willing to travel to meet with clients and their families, and operate on a contingency basis. Request a free case assessment today to start. It takes only about a minute and the lawyers will contact you shortly afterward to discuss your case. How to File a Claim Many people affected by asbestos are confused about what is that it takes to file a mesothelioma lawsuit. It can take time, but skilled lawyers are prepared to accelerate the process. They have connections with mesothelioma specialists, and they know how to collect evidence and identify liable defendants. A mesothelioma lawyer will review your medical records, employment records, asbestos-related documents, and other relevant details to determine whether you qualify for compensation. They will also assist you to determine the best ways to recover, such as bankruptcy trusts as well as the Department of Veterans Affairs, and asbestos insurance companies. A lawyer will also help you interview witnesses and gather evidence to build a convincing case. They will determine how long it took you to fall ill after being exposed to asbestos. They will also gather any additional evidence, like an x-ray to confirm a diagnosis of mesothelioma. The initial legal consultation is free. Once they have gathered all the information needed the lawyer will begin to file a complaint in civil court or through an asbestos trust. In some cases, the complaint will include a request for compensatory damages like a monetary award for suffering and medical expenses. You or a loved one may be able to receive punitive damages in addition an award of money for compensatory damages. In other areas of personal injury law the statute of limitations “clock” begins when an accident occurs, it doesn't work this way in asbestos cases. Because of the long latency periods of mesothelioma and other asbestos-related diseases, you need to act quickly to file a claim before this deadline expires. When your lawyer submits a complaint, the liable party or asbestos trust will have the chance to respond. In some instances they will settle for a settlement without going to trial. If the parties are unable to come to an agreement, mesothelioma cases will be commenced. The process of litigation can last for a long time. This is why it is essential to act early and consult with an experienced attorney. Negotiating a Settlement While the timeline for an asbestos claim can vary greatly depending on the situation, there are a few important factors that victims and their families can consider to determine how long they'll have to wait to pursue compensation. Asbestos victims must file a claim before the statute of limitations expires. They should also work with an attorney to make sure their claim is strong. Asbestos attorneys are experienced in dealing with litigation, and can help clients get the compensation they deserve. They can help victims to create a strong case against negligent asbestos companies. This could include identifying the areas and types of asbestos exposure, as well as obtaining evidence of financial losses incurred by exposure and presenting the evidence to the defendants in settlement negotiations. Mesothelioma lawyers are also acquainted with how mesothelioma, and other asbestos-related illnesses, may affect the quality of life of a patient. They will know how to reflect this in a demand for damages and will help victims negotiate fair settlements. As part of the discovery phase, mesothelioma attorneys will share information with asbestos companies' lawyers once the lawsuit has been filed. This can take a few months. When both parties have this information, they'll typically try to reach an out-of-court agreement which results in an asbestos settlement. Most mesothelioma lawsuits settle outside of court because companies don't want to pay large sums of money to be able to proceed to trial. A victim's attorney will review the settlement offer of a company and might suggest a different deal. The victim must sign a release and have it notarized prior they can pursue additional compensation in the event they accept a company's settlement offer. They may also choose to decline or counter the offer, and continue to seek compensation using other methods such as taking the company on trial. Asbestos victims may find it easier to obtain compensation through an asbestos trust fund than by filing a lawsuit. These funds are established by asbestos manufacturers to pay claims quickly and without the necessity of lengthy trials. However, asbestos trusts may run out of money and are not available for all victims. Trial The legal procedure for obtaining compensation can be long, regardless of whether you are a mesothelioma victim or the spouse of the deceased. You must prove that you suffered damages from wrongful asbestos exposure and the defendants must admit they are liable for your harm. You may be able to claim compensation for your suffering. This includes medical expenses as well as lost wages and emotional distress. You can also demand punitive damages to reprimand the companies for their wrongdoing and prevent others from doing the same. It's crucial to determine where you worked and which asbestos-containing products were used. Multiple asbestos exposures are common among those who develop mesothelioma and other asbestos-related diseases. It could take a long time before you notice symptoms and you're diagnosed with an asbestos-related condition. This latency period is a major factor in asbestos statutes of limitations that limit the time you can submit a lawsuit against asbestos. Most asbestos claims are settled through asbestos companies. Your lawyer can negotiate settlement terms, which include a lump sum payment as well as ongoing reimbursement for future medical expenses. The discovery process is a vital part of your case. This is where you and the defendants exchange information about the case. This can be a time-consuming process, but it's essential to prepare for the trial. A jury or judge will decide on the amount of money you are entitled to in your lawsuit when your case is ready for trial. While your lawyers will present a a strong case on your behalf, the amount of compensation that you receive is unpredictable. In rare cases asbestos lawsuits could be considered. However, this can add more time to your case and there's no guarantee that you'll get an amount greater than what you would have received through a settlement. Your lawyer will explain the pros and cons of going to trial and assist you make the decision that's appropriate for your particular situation. Asbestos victims have received millions of dollars in verdict awards, but this doesn't mean you'll be able to receive this amount.