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How Long Does an Asbestos Claim Take? The time it takes for an asbestos claim to settle or be awarded can vary. In general, the process takes 18 months. The victims or their loved ones should begin the process by contacting an asbestos attorney who is knowledgeable. The lawyer will be able to determine the various types of compensation the victim could be entitled to. Statute of Limitations A statute of limitations sets the maximum time limit for legal claims. It is vital that an asbestos victim or or her family file an claim before the time limit of limitations expires. If Troy asbestos attorney do not do this, it could affect the compensation that you deserve. An attorney for mesothelioma can determine whether the statute of limitations is appropriate for a specific situation. The statutes vary by state and type of claim, such as personal injury or wrongful death. Mesothelioma and other asbestos-related diseases have a long period of latency which means that patients may not show symptoms or even know they have a condition until years after exposure. Because of this, the time-of-expiry clock doesn't necessarily begin on the day a victim first experiences symptoms. Instead, the clock may begin when a physician should be aware that asbestos exposure was to cause the disease. Some states also allow the statute of limitations to be tolled. This stops the clock, but only for a short period of time. This is typically the case when the person who is seeking to claim benefits is a child or lacks legal capacity. A judge or other person can also halt the clock in instances in which there was fraud by the defendant. An experienced mesothelioma lawyer can study the various factors that affect the time limit for a specific asbestos case, including the nature of exposure, the location or employer of the exposure and the amount of illnesses diagnosed. Depending on the circumstances, victims can sometimes obtain extensions to their statute of limitations or find other options for compensation, such as veterans benefits or workers' compensation or trust fund claims. People who are exposed to asbestos should consult mesothelioma attorneys as soon as they can to discuss their situation. The most reputable mesothelioma lawyers are willing to travel to clients' homes and meet with their families. They also work on a contingent basis. Complete a free case assessment now to get started. It takes only a few minutes and the lawyers will contact you shortly afterward to discuss your potential claim. How to File a Claim Many people affected by asbestos are curious about the procedure of filing a mesothelioma claim. It can take a while however, skilled lawyers are prepared to accelerate the process. They have connections to mesothelioma specialists and know how to collect evidence and determine the liability of defendants. A mesothelioma lawyer who is qualified will examine your medical background, employment history, and asbestos-related documents to determine if you are eligible for compensation. They will also work with you to discover possible ways to recover, such as bankruptcy trusts and the Department of Veterans Affairs, and asbestos insurance companies. A lawyer will also help you interview and find witnesses to build up a strong case. They will determine the extent of your exposure to asbestos as well as the time frame it took to develop a disease. They will also collect any additional evidence, such as the results of a biopsy to confirm a diagnosis of mesothelioma. The initial consultation with your lawyer is completely free. After obtaining all the details necessary, your lawyer will submit a civil lawsuit or an asbestos trust. In certain instances the complaint may include an offer of compensatory damages such as an amount of money to cover pain and suffering as well as medical expenses. You or a loved one could also be eligible to receive punitive damages, in addition to compensatory damages. In other areas of personal injury law there is a “clock” of time limits begins when an incident occurs. This does not apply to asbestos cases. You must act swiftly due to the long time lag between mesothelioma's latency, asbestos-related diseases and other asbestos-related illnesses. Once your lawyer files an action, the responsible party or asbestos trust will have the opportunity to respond. In certain cases, they'll settle without going to the court. If, however, the parties aren't able to reach an agreement, a mesothelioma trial will begin. The time for litigation can be several years. It is essential to consult an experienced attorney early and act quickly. Negotiating a Settlement The timeframe for an asbestos claim varies greatly from case to situation, there are crucial factors that can help victims and their families to understand how long they may need to seek compensation. Asbestos victims need to file a lawsuit before their time limit expires and work with an experienced attorney to ensure their claim is a solid one. Asbestos lawyers have experience navigating the litigation process, and can assist clients in obtaining the compensation they deserve. They can assist victims to build an argument that is strong enough to make asbestos companies responsible for their negligence. This could include identifying the locations and types of asbestos exposure, as well as obtaining evidence of financial losses caused by their exposure, and presenting this information to the defendants during settlement discussions. Mesothelioma lawyers are also acquainted of the effect mesothelioma and asbestos-related illnesses can have on the victim's quality of life. They will know to include this in their demands for damages, and assist victims reach fair settlements. After the lawsuit is filed the mesothelioma lawyers exchange information with the asbestos companies' lawyers as part of the discovery phase. This can take a few months. When both parties have the information, they will usually try to reach an out of court agreement which results in an asbestos settlement. The majority of mesothelioma cases are settled, since the companies do not want to go to trial and shell out large sums of money. A victim's attorney will review the settlement offer made by a company and may suggest a different one. The victim must sign an agreement and have it notarized before they can pursue further compensation in the event they accept a company's settlement offer. They may also choose to decline or counter the offer, and continue to pursue compensation through other avenues such as taking the company on trial. Asbestos victims may be able to get compensation through an asbestos trust fund rather than through an action. These trust funds are set up by asbestos producers to pay claims quickly without the necessity of lengthy trials. However, asbestos trusts may be unable to pay and are not accessible to all victims. Trial If you're a mesothelioma patient or the spouse who survived a victim the legal process to claim compensation can be long. You must prove that you suffered injuries resulting from asbestos exposure caused by negligence and the defendants must admit they are responsible for the harm you suffered. You may also be eligible for compensatory damages to compensate you for the financial cost of your suffering, including medical expenses loss of income, emotional stress. You may also be able to demand punitive damages to reprimand the company for their wrongful actions and deter other people from doing the same thing. It's important to be aware of where you worked and which asbestos-containing products you used. Multiple asbestos exposures are common among those who develop mesothelioma and other asbestos-related illnesses. It can take decades before symptoms begin to manifest and you're diagnosed with an asbestos-related condition. This latency period is a major factor in asbestos statutes of limitations laws that restrict the time you can make a claim. The majority of asbestos claims are settled through settlements with asbestos companies. Your attorney can negotiate the terms of your settlement, which usually will include a lump-sum payout and ongoing compensation to cover the future medical expenses. A key element of your case is the discovery phase, in which you and the defendants share information about the case. It can be a lengthy process, but it's vital to preparing for the trial. When the case is ready for trial, a jury or judge will listen to your testimony and determine how much money you deserve in your lawsuit. The amount of money you receive isn't certain, but your attorneys will be able to present an argument in your behalf. In rare cases asbestos lawsuits can be considered. However, this could add more time to your case however there is no guarantee that you'll get a larger award than you would have received through an agreement. Your lawyer will be able to explain to you the advantages and disadvantages of a trial and assist you to make a decision to suit your specific situation. Asbestos victims have been awarded millions of dollars in verdicts, but this doesn't mean that you'll receive the same amount.