There has been a decent amount of awareness around mesothelioma and the legal ramifications that have come to pass with the disease. This has actually led many people not to seek legal guidance. Victims often think their legal window to settle with companies has lapsed, or that the companies responsible have disappeared or gone bankrupt. This is partially true, but what you might not know is that there are specific trust funds and insurance programs set up to help victims who have been exposed to asbestos, which manifests as mesothelioma.
At the King Law Office, we work with victims who have spent years being exposed to asbestos products and environments, to try to financially recover from the devastating disease. In this article, we are going to talk about what happens in an asbestos legal case and why you should consider working with a Naples mesothelioma lawyer to help you through the process.
The Resources to Help Victims
Many victims wonder if there is any shot at receiving compensation for their illness, and the answer is often, yes. Even though many of these companies have long since closed or reorganized as different entities, there are still resources to help. Whether you have been inflicted with this disease or a spouse has (even if they have passed away) there are legal options available. Specific mesothelioma insurance structures and trust funds have been set up by numerous companies to take on a significant portion of the liability. If you work with a mesothelioma attorney in Naples, they will be able to help you discover what options might be available for you.
What You Need to Know About the Statute of Limitations
A mesothelioma diagnosis can take place anywhere from 10-to-40 years after exposure to asbestos. Since it can take so long for the illness to develop, many people think that the timing to sue a company is well past. This isn’t the case. The time frame you are actually working with is the day you were diagnosed. That is when the clock starts ticking on the statute of limitations regarding mesothelioma cases.
At this point in Florida, you will have 4-years to bring a lawsuit to fruition with the help of a Naples mesothelioma lawyer. If someone in your family has already died from the disease, you still have time to seek a case, but you’ll need to consult with a mesothelioma law firm to see what your options are.
The Process of a Mesothelioma Legal Case
How the process of this kind of claim transpires will be different for everyone due to several factors. A settlement will depend on the state of the employer you worked for, the funds already set aside for this sort of legal claim, and the persistence of your Naples mesothelioma attorney. These types of cases are typically settled out of court, but there will be times that a case will go to trial if there is a discrepancy on how much money should be awarded in damages. A straightforward case can take less than a year to settle, whereas complicated cases can last for 2-years or more. Most courts know that mesothelioma victims are working with a short time-frame, and tend to expedite these cases as much as possible.
The amount of money awarded in damages is a personal journey, one that often will look very different from case to case. This is because the disease impacts everyone uniquely and affects their lives (and their family’s lives) in different ways. Depending on how your case is structured and what funds are or aren’t already set aside, will be one of the determining factors of your settlement. Another factor is how a mesothelioma lawyer in Naples will work your case. If your attorney is motivated or appropriately aggressive, like we are here at King Law, you’ll have a faster outcome. Some lawyers will simply sit and wait for responses to take action.
On average, a victim in America receives $1-$1.4-million to assist with their medical expenses and life circumstances due to mesothelioma. Keep in mind, that this doesn’t include the litigation or legal fees that will accrue which will leave you with only a portion of this. Your attorney should be working to seek damages that will go above and beyond just covering a few medical bills.
A mesothelioma lawyer in Naples should be able to help you with filing for expedited disability through the Social Security Administration. Not all forms of mesothelioma are covered, but many are, and you’ll need an experienced legal team to help you navigate this part of the financial story of your case.
The Legal Fees Associated with Mesothelioma Claims
Most of these cases are handled by attorneys who are familiar with mesothelioma litigation and are based on a contingency fee structure. Meaning, they will take their fees from the settlement that you are awarded. It is essential to get clarity around what your attorney’s fees are, so don’t be afraid to ask what legal activities are going to cost you exactly.
Prepare to Meet Your Naples Mesothelioma Attorney
Here is a checklist of ways to prepare yourself for a successful meeting with your potential attorney.
- Research candidates’ background and look for online reviews.
- Check with the Florida Bar Association to ensure the lawyer is in good standing.
- Create a list of questions that you want to ask the attorney about your specific case.
- Bring all of your medical paperwork.
- Collect your employment paperwork.
- Bring a copy of any insurance policies or letters from your employer about insurance.
We would be happy to hear about the details of your specific claim so we can better know your situation and give you the best possible guidance on your case. Call or connect with our Naples mesothelioma law firm, King Law, today and let’s get to work on your settlement.