Mesothelioma Lawsuits : Frequently Asked Questions
Who has the right to file for compensation for mesothelioma?
A mesothelioma lawsuit can be filed by a person who has developed mesothelioma through exposure to asbestos. In the event that the person has passed away, the lawsuit can be filed by a family member or the executor of the deceased’s estate. A lawsuit can also be filed by a family member who has developed the disease through close contact with the person who was exposed to asbestos.
How long does the process take?
The process can take quite a while, although there is no set time and some lawyers will get your case sorted faster than others. The more research that is required to put a solid case together, the longer it will take.
How long do I have to file my claim?
This differs from state to state but generally the time limit is one to two years from diagnosis. It is important that you check on the time limitation for your state and act within the limitations otherwise you may not be eligible to claim. If you are claiming on behalf of the deceased, time limitations still apply and it is probably even more important to act quickly because of the time limits and the research required by the lawyer.
What if I don’t know where and when I was exposed to asbestos?
It is helpful if you know this and will certainly speed up the process, but if you don’t remember the lawyer will be able to help. A private investigator can be hired through the lawyer (paid for by the lawyer) who will do the necessary research to clarify when and where the exposure took place and which company or companies are responsible.
How can I afford legal assistance?
You won’t need to worry about having cash up front because mesothelioma lawyers usually work on a no win no fee basis. You will not have to pay a penny unless you receive compensation, and then the lawyer will take a percentage of the compensation as his fee.
How much will I get?
It’s impossible to say how much you will get as it depends on the merits of your case. Your lawyer will discuss this with you in more detail when you go through the details of your claim, but past settlements have notched up hundred of thousands of dollars and even multi-million dollar payouts.
Where can I find a mesothelioma lawyer?
There are now many mesothelioma lawyers and you should have no problem finding one. The Internet is a good place to start your search, as many mesothelioma lawyers advertise there. You can check out many credentials and assess the experience of individual law firms by searching on the Internet. You can also submit your details via the Internet in many cases, allowing the law firm to evaluate your case and then contact you. You can also check in your local phone directory for details of mesothelioma lawyers. However, try to find a lawyer that has experience of working with mesothelioma lawsuits as they will already have a network of resources and contact that could help to process your case more quickly.
Will the lawsuit be filed in the state where I live?
Not necessarily. Your lawyer will select the state in which you have the best chance of success and where you are likely to get the highest compensation. This will make no difference to you as you will not have to pay any extra and may end up getting far more compensation in another state.
Will my case go to court?
Again, it is impossible to say until your lawyer has tried to settle out of court. However, most mesothelioma cases are settled out of court and this saves both sides money because taking the case to court can get costly.
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