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How to File an Asbestos Cancer Lawsuit You can make a claim if you have been diagnosed as having an asbestos-related disease. Finding a mesothelioma lawyer that has expertise in asbestos lawsuits is the initial step. Asbestos lawsuits are usually filed as personal injury or claims for wrongful death. An attorney can help determine the likelihood of success and the statute of limitations or time frame to file. VA Benefits Veterans are most often affected by asbestos-related illnesses like pleural disease and mesothelioma. Symptoms of these illnesses can take years to show after exposure to asbestos. Many veterans qualify for compensation under the VA's disability benefits program. A lawyer with expertise in asbestos cases can aid veterans to determine their eligibility and file claims to VA. Following a diagnosis of asbestosis, it is important to apply for veterans benefits. This ensures that all necessary documents are in order and the application is not contaminated by mistakes. Veterans who have been diagnosed with asbestos-related diseases could be eligible for additional benefits. This includes free healthcare at the VA facility, geriatric treatment and a mesothelioma-related settlement. Some of these benefits are taxable and it is therefore important to consult with an attorney who is accredited by the VA prior to applying. Compensation from the VA is often dependent on the age at the diagnosis, prognosis, and life expectancy, medical expenses, and the degree of pain and suffering. These are the most important factors in establishing the fair value of a claim. The amount of compensation funds is also a factor, as is the capacity of the victim to work and maintain their household. A legal team can help victims and their families with every step of the VA disability claims process, from submitting initial applications to appealing any decision. For instance, if the VA refuses a veteran's mesothelioma claim, there are three appeal options available that include a Supplemental Claim, Higher-Level Review, and Board Appeal to the Veterans Law Judge. Additionally, attorneys can help veterans file a separate lawsuit against the businesses responsible for their exposure to asbestos. These lawsuits can include claims for compensation, such as settlements and jury verdicts. They can also assist in the collection of medical records and other evidence to support the veterans' mesothelioma claim. Asbestos lawyers can help family members who have lost a loved one to mesothelioma, in pursuing special compensation from the VA. Dependency and indemnity Compensation (DIC) may be available to the survivor's spouse or children, as well as other dependents. This monthly benefit is intended to cover medical costs and loss of income of a deceased victim. Settlements Certain companies might pay compensation to victims of asbestos-related diseases. These payments are meant to help the victims and their families pay for medical expenses, offer security in the financial market and ease the burden of this disease. Compensation allows patients to focus their attention on improving their health and undergoing treatment. A mesothelioma lawyer with experience can investigate the source of the victim's exposure and file a claim with liable companies. Attorneys could uncover evidence that a defendant is negligent in the discovery process. This could include depositions and investigations. They often think about the impact a mesothelioma diagnosis has on a person and their family members during settlement negotiations, which could result in higher settlements. Compensation from a lawsuit may be used to pay funeral costs and medical expenses for those who suffer a loss. It can help alleviate the financial burden for a loved one's family and reduce stress during this time of stress. Settlements involving asbestos may also convey the message that manufacturers who put profit before worker safety are responsible for their actions. Mesothelioma is a cancer that is aggressive that requires expensive treatments to prevent further complications. Many patients require substantial compensation in order to cope with their illness. Settlements can help patients relocate or find work if their condition makes living at home difficult. A mesothelioma lawyer can assist determine if a trial is the best option for the patient or settlement. It is important that mesothelioma patients file a lawsuit within their state's statute of limitations, which gives an amount of time to file a claim for compensation following the diagnosis or death. In most cases, the clock begins when an asbestos-related disease is diagnosed. To avoid missing this opportunity, the victims and their lawyers must be quick to act. If Bellingham asbestos attorney for filing claims has expired however, they may be able to access compensation from asbestos trust funds which can start paying out in as little as 90 days. Trials If asbestos patients aren't able to reach a settlement with defendants, they can take their case to trial. Mesothelioma lawyers argue their clients' cases in before a judge or jury, who then awards damages. A verdict can help the victims and their families pay medical costs, lost income and other asbestos cancer-related costs. Finding an experienced attorney who specializes in asbestos litigation is the first step in filing a lawsuit. Lawyers will draft a complaint and file it with the court to start the legal process. The legal process could take months or even years based on the circumstances of the victim. After the lawsuit is filed, defendants are put on notice that they have to produce evidence to show that they were not responsible for a victim's asbestos exposure. During depositions and discovery prior to trial attorneys usually uncover evidence that asbestos companies were aware of the dangers of their products but failed to warn workers or provide proper safety gear. Expert mesothelioma lawyers will construct a strong case to show the way asbestos exposure caused the victim's condition and the reasons why defendants should be held responsible. Evidence is often difficult to locate because symptoms can take decades to manifest. Furthermore, many asbestos companies have been bankrupt, making it hard to find and obtain records. Settlements are typically used by victims to obtain compensation, instead of going to court. Settlements can vary in amount and may be less than a verdict at trial. However, mesothelioma lawyers who are skilled typically negotiate better settlement agreements for their clients. A mesothelioma contract is a contract between the company that is at fault and a claimant that guarantees the person who was injured the right to compensation. Most settlements are reached before a trial. However, some settlements are reached during a trial or after a mesothelioma jury verdict. Asbestos victims have received millions of dollars in settlements as well as jury awards. A jury in Illinois awarded $23 million to a widow suffering from mesothelioma who worked at a textile mill. Another mesothelioma patient received a $18 million verdict from the Los Angeles Superior Court. Expert Witnesses Expert witnesses are vital in most asbestos cases, particularly when it comes to finding causation and establishing damages. A skilled attorney will assist you in finding a competent expert witness who can help you in your case. Most asbestos victims were exposed to multiple kinds of asbestos-related products throughout their lives. These may have included asbestos roof shingles, ceiling tiles, insulation and pipes. The experts who work on these cases can prove that a person's exposure to a variety of products triggered the asbestos-related illness. They also can testify that these companies knew about the dangers associated with their products but did not inform customers or workers of these dangers. Medical experts like oncologists and pulmonologists are often the most important witnesses for a mesothelioma case. They can explain the relation between asbestos exposure and a victim's symptoms, treatments and prognosis as well as the life expectancy. They can also provide insights into the extent to which a person has suffered and lost their quality of life. The other type of expert witness is an environmental or occupational expert, who can examine the workplace and work site to determine if it meets safety protocols and if employers were negligent in their handling of asbestos. These experts use historical data, interviews with workers and industry standards to determine the responsibility of the defendant. Lastly, economic experts can determine the financial loss that a plaintiff suffers, for instance, lost income from a career they could not continue after an asbestos diagnosis. They can also establish the cost of medical care and treatment that a patient needs and might require in the future. Expert witnesses can cost hundreds of dollars an hour, and they usually make up a significant portion of the total cost of a asbestos lawsuit. That is why it is crucial for a seasoned mesothelioma lawyer to locate an expert witness who will be able to help the client in a cost-effective way. A lawyer will have established relationships with a variety of experts and can choose one that is suited to the requirements of each case.