According to the American Cancer Society, there are an estimated 2,000 to 3,000 new diagnoses of mesothelioma each year in the United States. Not only is the disease complex, but so is the legal aftermath to help compensate people for care and financial complications. At King Law, we relentlessly pursue financial damages to help our clients, because we know time is of the essence.
In this article, we are going to discuss the most common questions surrounding mesothelioma legal cases and why working with a Fort Myers mesothelioma attorney will benefit your claim.
What is an asbestos fund and how does it work?
After lawsuits began streaming into asbestos companies, many of them filed for bankruptcy protection. Before courts would grant those protections, the companies were required to set up trusts to tend to current and future asbestos victims. As a result, trusts were set up so victims can file claims through them, which can be done with the help of your Fort Myers mesothelioma lawyer.
If I’ve been diagnosed with mesothelioma, can I file a lawsuit?
Anyone can seek compensation for mesothelioma, but there are factors involved that will determine whether or not that lawsuit will be successful. You will need to be able to recall parts of your life like where you worked, what kind of environments you worked in, and when you were diagnosed.
The answers to these questions can lead your attorney to who may have been responsible for your exposure or what company made the asbestos product(s) you were exposed to. You only have two years from diagnosis to file a claim and your attorney may need every bit of that depending on how complicated your case is.
How does disability benefits work with mesothelioma?
Social Security Disability benefits are typically offered to those who have mesothelioma. Some workers compensation benefits may also be available depending on your situation. Each case is unique, so we encourage you to give us a call to set up an appointment so we can learn more about your particular circumstances.
Can I still file a suit if my exposure happened in another state?
Yes. Don’t let an out of state experience keep you from pursuing your legal rights. You won’t likely have to travel, as many lawyers will travel to you to take your statement or deposition. Your local Fort Myers mesothelioma law firm can assist in getting these things set up and manage your case so you can concentrate on your health.
How much money in compensation can I expect?
There are several factors used to determine the final settlement of a mesothelioma case. The average settlement is $1-to-$1.4 million. While this sounds like a sizable amount, you will be paying legal fees, and court costs out of those awarded damages. Therefore, your attorney should be ultimately calculating those costs. This will ensure you get the compensation that you will need to tend to your healthcare and other financial obligations beyond your legal fees.
What is mesothelioma compensation based on?
Your Fort Myers mesothelioma attorney should work closely with you to determine the factors that will result in the right damages. They will calculate things like medical costs and your inability to work as a result of the diagnosis. From there, other things like pain and suffering will be factored in resulting in a compensation number appropriate for your case.
How long does a mesothelioma case take?
While there are no set time limits on these kinds of cases, you should know that they can take months or even years. There is a lot of investigation and case development needed in order to build a successful case, so be prepared for a bit of a wait before you see a settlement. Many courts know that mesothelioma cases are time-sensitive and will try to speed up the process to help the victims. However, there is no guarantee of this. Try to let your lawyer work as quickly as possible and stay as positive through the process as you can.
Will my case settle or go to trial?
The majority of mesothelioma cases settle out of court, as most companies no longer exist. If your case looks like it is headed to trial because the other party disputes your claim, they may in the 11th hour, settle with you since they know their chances of winning a trial are slim. Judges and juries tend to side with victims when up against big corporations.
My loved one has passed away, can I still file a mesothelioma suit?
Yes. There is a statute of limitations that starts from the day your loved one passed, so seek a mesothelioma lawyer in Fort Myers as soon as possible to handle your case. This is also true if a family member has passed while waiting for a claim to process and/or settle. The passing of someone does not mean they forfeit their compensation; those funds would simply be directed to the deceased person’s estate.
What if I don’t know how I was exposed, but still have mesothelioma, do I have options?
Yes. This is not as uncommon as you might think, and an attorney can often work through the details of your life to help you either recall or uncover where you were exposed. Don’t let this unknown keep you from filing a claim.
Are you ready to build a successful mesothelioma case? The King Law office is experienced in working in this area of law and encourages you to call or contact us today to get started on your case. You are not alone. We are confident we will be able to help you build a credible case and get the compensation you deserve.