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How Long Does an Asbestos Claim Take? People who have been suffering from an asbestos-related disease may seek compensation from companies accountable for their exposure. To recover damages, individuals can pursue a personal injury lawsuit or wrongful death claim. These compensations can help families of victims and sufferers pay for medical bills, lost wages and other costs related to their illness. However, how long does an asbestos claim take? Statute of Limitations Each state has its own laws that set the deadline, also called the statute of limitations for personal injury and wrongful death asbestos claims. A mesothelioma lawyer can help you ensure that the statute of limitations has not been overrun, allowing you to claim financial damages. A lawyer can establish the state law that is applicable to the client's situation. This is influenced by the nature and location of the disease, along with other factors. For example, some states have different statutory periods for asbestos-related diseases such as mesothelioma and lung cancer due to the fact that these diseases don't manifest immediately following exposure. The clock for the statute of limitations begins when a person is diagnosed with an asbestos-related disease, not the date of exposure. Asbestos cases are usually subject to a discovery process where the parties share documents and information to strengthen their positions. This can take several months. Mesothelioma lawyers are familiar with the process and are able to assist victims in requesting documents from asbestos-related firms, like documents of asbestos removal or other forms of work. The time frame for a claim against asbestos depends on the court that hears it. Some courts have asbestos departments that are able to handle cases faster. Many courts mix asbestos cases with other legal proceedings that can cause delays. An experienced attorney can help you build a strong case for you to get financial compensation. This is because asbestos exposure can cause severe damage. You could be entitled to compensation for medical expenses and living expenses, disability insurance, home care loss of income funeral and burial expenses in the event that a loved one dies from an asbestos-related disease, and many more. Your mesothelioma lawyer will know how to justify your suffering and pain when you present a settlement demand to the defendants. It is essential to contact a mesothelioma attorney as soon as you can after your diagnosis. Even if your statute of limitations is up, an attorney can still examine your case and offer you suggestions on other avenues to pursue compensation. Some manufacturers, for example, have set up trust funds to compensate asbestos victims and their family members. Making a Claim Asbestos lawsuits are different from most personal injury claims. Typically the statute of limitation “clock” begins to tick when an injury or illness occurs. In asbestos-related claims asbestos exposure is often years before the diagnosis. As a result the possibility that victims will have to go through lengthy legal proceedings before they receive compensation. There are a number of factors that determine how long a mesothelioma claim is depending on the complexity of the case as well as the defendant(s). The more defendants there are in a lawsuit, the longer it will take to settle the issue. The history of the plaintiff's health, work or exposure can affect the timeframe. The process of completing the paperwork is an important step in filing a lawsuit for mesothelioma. This includes the submission of your medical records, employment history, a mesothelioma report and any other documents to back your claim for damages. Once the paperwork is submitted, victims must wait for the defendant(s) to respond. It could take a few weeks or months, depending on the circumstances. In this stage it is crucial to have a mesothelioma attorney to assist you who understands the intricate litigation processes involved in this type of claim. After the responses are received, the lawyer for the plaintiff will arrange a pretrial meeting and begin the discovery process. This includes soliciting documents from the liable party, taking depositions and questioning witnesses. This aspect of the case can be very time-consuming, however, it is essential to the development of a solid argument for damages. The size of the asbestos fund accessed will determine the time it takes for a victim receive compensation. Tens of millions of dollars have been allocated for compensation of people diagnosed with asbestos-related diseases and mesothelioma. Some of these funds have rapid reviews that settle claims quickly and for a predetermined payout amount. Other trust funds review cases separately and take longer to arrive at a conclusion. Settlement Negotiating an asbestos settlement begins when the attorney representing the plaintiff and the plaintiff have a strong case. This process can be lengthy and can take months if not years. It is based on a variety of factors, including the quality and type of 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 should collect all relevant documents and information pertaining to the victim's asbestos exposure, such as medical records and employment history. They may also be required to collect documents from defendants and engage experts for testimony. Asbestos sufferers are entitled to compensation for a range of damages, such as the cost of medical bills in the past and into the future as well as pain and suffering, and loss of income as a result of the illness. Additionally, a successful asbestos lawsuit sends a message to businesses that put profits ahead of workers in order to protect them from exposure to harmful asbestos-containing products. It is important to have a seasoned asbestos lawyer on your side throughout the negotiation process. Your lawyer will do everything possible to get you the best settlement for your case. Another factor that affects the time required to settle an asbestos claim is the court that handles your case. Some courts have dedicated departments for dealing with asbestos cases and are able to move cases through the system quicker than others. Some courts mix asbestos cases with other types of litigation, which can lead to delays. The final element that could affect the time required to settle an asbestos claim involves the defendants' willingness to bargain. St. Paul asbestos lawyers are typically only willing to compensate victims fairly only if they are legally required to pay them. After the negotiations have ended, the court will review and make a decision about the settlement. If the settlement is approved, it will be paid to the victims by the insurance company for defendants. If the settlement is rejected then the plaintiffs may seek a trial. In this time, the victims can either accept, decline or counter the original settlement offer. Trial Based on the circumstances, it is possible to settle an asbestos-related claim without taking it to trial. This could speed up the legal process and result in compensation being paid much earlier. A lawyer with experience can help victims collect documentation and other information related to their asbestos exposure to build an argument that is strong. Once an attorney has enough evidence, they can start a lawsuit against the defendant or asbestos trust. This begins the discovery process, in which both sides gather additional information from one another. This may include reviewing any documentation and depositions, among other things. Once both sides have an opportunity to look over the evidence and then decide to submit it to the court. A significant portion of an asbestos lawsuit is the victim's demand for compensation damages. This could include a monetary amount for suffering and pain as well as medical expenses, lost wages, and much more. In certain cases, a spouse may also be entitled to compensation for loss of companionship. The amount of compensation depends on a variety of factors such as the severity of the condition and how many defendants are involved. If a mesothelioma victim has been diagnosed with a condition related to asbestos, they should consult a law firm skilled in assisting them with filing an action. An attorney for mesothelioma can look over the history of a patient's employment and the location of their job sites to identify potential defendants. They can also assist victims in requesting funds from an asbestos trust. Most asbestos trusts offer speedy reviews or individual reviews which can result in quicker payouts and the latter allowing victims to have their case evaluated on its merits. These trust funds can provide compensation to asbestos victims even if their companies have been shut down or bankrupt. The courts have ruled in favor of the creation of large asbestos trust funds which can pay claims in full. In certain instances however the trusts for asbestos have been depleted and need to be able to ration payments. It's important to hire mesothelioma attorneys who are knowledgeable and can work with asbestos trusts and other financial resources in order to ensure that victims receive the compensation they are entitled to.