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How Long Does an Asbestos Claim Take? The time required to settle an asbestos claim or to pay compensation may differ. On average, the process lasts eighteen months. The victims or their loved ones should begin the process by hiring an experienced asbestos attorney. The lawyer will determine the various kinds of compensation a victim could be entitled to. Statute of limitations A statute of limitations sets the maximum time limit for legal claims. It is vital that asbestos victims or their families submit a claim before the expiration date of the statute of limitations. Failure to file a claim could mean that the amount of compensation he or she is entitled to. An experienced mesothelioma lawyer can help determine the appropriate deadline for an individual case. Statutes vary according to state and type of claim, including personal injury or wrongful death. Mesothelioma, and other asbestos-related diseases, have a long latency phase. This means that patients may not show any symptoms or know they have the disease until years after exposure. This is why the statute-of-limitations clock does not necessarily start on the day an individual experiences their first symptoms. The clock may begin when a physician should have a reasonable suspicion that exposure to asbestos caused the disease. Some states also allow the statute of limitations to be tolled. This puts the clock in a pause however only for a short period of time. This typically applies to cases where the eligible claimant is a minor or is not legally competent. A judge or another person can also halt the clock in cases of fraudulent concealment on the part of the defendant. An experienced mesothelioma lawyer will research the different factors that influence the statute of limitations for a particular asbestos case, including the type of exposure, the location or employer of the exposure and the number diseases diagnosed. Depending on the circumstances, patients might be able to obtain extensions to their statute of limitations or seek other options for compensation like veterans benefits and workers' compensation or trust fund claims. People who have been exposed to asbestos should speak with an experienced mesothelioma lawyer immediately regarding their case. The best mesothelioma attorneys are willing to visit the homes of clients and meet with their families. They also are available on a contingent basis. To get started, complete an evaluation of your case for free now. It takes only just a few minutes and our attorneys will follow up with you within a few hours to discuss your potential claim. Filing a Claim Many people affected by asbestos are interested in the procedure of filing a mesothelioma claim. It can take a while, but experienced lawyers are ready to speed up the process. They know mesothelioma experts and how to gather evidence. A qualified mesothelioma attorney will review your medical background, employment history, and asbestos-related documents to determine eligibility for compensation. They can also assist you to find possible avenues to recover like bankruptcy trusts, Department of Veterans Affairs and asbestos insurance companies. An attorney can also help you interview witnesses to make a strong case. They will determine how long it took for you to become sick after being exposed to asbestos. They will also look for any additional evidence that you have, such as a needle biopsy to confirm the diagnosis of mesothelioma, or another asbestos-related disease. The initial consultation with a lawyer is free. Once they have collected all the necessary information, your attorney will begin to file a lawsuit in civil court or with an asbestos trust. In some cases, the complaint will include the demand for compensatory damages such as an award of money for pain and suffering and medical expenses. You or a loved one may also be eligible for punitive damages, in addition to compensatory damages. While in other areas of personal injury law the statute of limitations “clock” starts when an accident occurs, it doesn't work this way in asbestos cases. Because of the long delay times of mesothelioma and other asbestos-related diseases, you must act quickly to make a claim before the deadline passes. After your lawyer has filed a formal complaint, you will be given the chance to respond. In certain cases, they'll resolve the matter without having to go to court. However, if the parties are not able to reach an agreement the mesothelioma trial will begin. The litigation process can go on for a number of years. It is crucial to speak with an experienced attorney early and act quickly. Negotiating a Settlement While the timeline of an asbestos claim varies greatly from case to case, there are important aspects that can help victims and their families understand the length of time they'll need to pursue compensation. Asbestos sufferers must file claims before the time limit expires. They must also consult with an attorney to make sure that their claim is valid. Asbestos lawyers have experience managing the litigation process and can assist clients in obtaining the compensation they deserve. They can help victims build a strong case to hold asbestos companies that are negligent accountable for their actions. This includes identifying the different types and locations of asbestos exposure and obtaining evidence of the financial losses caused by their exposure. Mesothelioma lawyers are also acquainted of the effect mesothelioma and other asbestos illnesses can have on a victim's quality of life. They are aware of the need to include this in their demand for damages, and assist victims negotiate fair settlements. As part of the discovery phase lawyers for mesothelioma communicate with asbestos companies' lawyers once the lawsuit has been filed. This could take a few months. Once Seattle asbestos lawyers have the information, they will generally try to come to an out-of-court agreement which results in an asbestos settlement. Almost all mesothelioma cases settle, as the businesses do not want to go to trial and shell large amounts of money. The lawyer of the victim will look over the settlement offer of a company and may suggest a counter-offer. If the victim accepts a company's settlement offer then they must sign and notarize a statement of consent prior to pursuing any further compensation. They can also decide to decline or oppose the offer and continue to pursue compensation in other ways like going to trial. It is possible for asbestos victims to get compensation by filing a lawsuit rather than through an asbestos trust. These funds are created by asbestos manufacturers to pay claims quickly, without the need for lengthy trials. The asbestos trusts can run out of funds and will not be accessible to all victims. Trial If you're a mesothelioma patient or the spouse of victims the legal process to get compensation may be lengthy. You must prove you suffered injuries from asbestos exposure that was negligent and the defendants must admit they are responsible for your harm. You may also be entitled to compensation damages to cover your suffering. This could include medical expenses as well as lost wages and emotional distress. You may also be able to pursue punitive damages to punish the companies for their wrongdoing and deter other people from doing the same. It's crucial to determine where you worked as well as which asbestos-containing products you used. Many patients who develop mesothelioma and other asbestos-related illnesses are exposed to multiple kinds of asbestos. Before symptoms show up and an asbestos-related condition is identified, it may take years. This period of latency is a major factor in asbestos statutes of limitations laws that limit the time you are required to file an asbestos lawsuit. The majority of asbestos claims are settled through settlements with asbestos companies. Your attorney can negotiate the terms of your settlement, which will typically include a lump sum payment and ongoing compensation to cover your future medical costs. A crucial aspect of your case is the discovery phase, in which you and the defendants exchange information about the case. This procedure can be lengthy and is a crucial element in the preparation for trial. Once the case is set for trial, a jury or judge will listen to your testimony and decide how you're entitled to the amount of money in your lawsuit. Although your lawyer will make an argument that is convincing for you but the amount that you receive will be a bit erratic. In rare instances, asbestos lawsuits may be tried. This can prolong your lawsuit and you might not get more money than if you settled. Your lawyer will be able to explain to you the pros and cons of a trial and help make a decision to suit your specific situation. Asbestos-related victims have received millions of dollars in verdict awards, but this doesn't mean that you'll be able to receive the same amount.