Extended exposure to asbestos is well-known as extremely dangerous to your health. Many people who were exposed to asbestos got mesothelioma diagnosis. Often these people got this evil disease while working in places where asbestos was used (construction workers, for example). Being diagnosed with this illness due to asbestos exposure is a reason good enough to file a lawsuit. Even if you were not diagnosed with the mesothelioma, but lost a loved one because of it, you have the right to file a mesothelioma workers’ compensation claim.
The pain and suffering cannot be described with words, not only for the patient but for their families as well; these settlements will help the family continue with their lives.
You have great chances to win the case and get the much-needed compensation either from the company where you or your loved one worked or from the manufacturers of the asbestos product. Even though most manufacturer no longer sells such products, factories were closed, bankrupted, or do not work for years, you can still file the lawsuit.
Statute of Limitations for Mesothelioma Workers’ Compensation Claims
Mesothelioma is not an illness that occurs abruptly. It takes decades (ten to forty years) of asbestos exposure before the diagnosis can be set. However, statutes of limitations usually have shorter deadlines from one to five years from the discovery of mesothelioma to file the lawsuit. It is essential to act fast; some states, including Washington DC, limit the statute of limitations to one year from the diagnosis.
In case the person has died from the illness, their spouse or children can file a lawsuit (within 1-3 years from the date of the death). They can file a wrongful death claim and collect the settlement.
Unfortunately, such victims are not suitable to file class-action lawsuits because not every person has the same medical history. This is why you should consider filing the lawsuit by yourself.
How Long Will Such a Case Take?
Usually, mesothelioma and asbestos cases are settled before they get to the court. The victim and the employer or manufacturer agree on the settlement outside of court.
Make sure you have every fact about your condition (medical bills, prescribed medicine, employment history) because it will help your case. If your lawyer has experience in such cases and there is an indefinable payment source like an asbestos victims’ trust fund, you can get your settlement within one year from the date you filed your lawsuit. If the amount of money damages depends on going to trial, the case may take two or more years.
Time is everything in such cases, mainly because the patient’s lifespan is limited; therefore, the court will not drag the case and will work fast.
Who Can Win a Mesothelioma Workers’ Compensation Case?
Besides the statute of limitation, it is important to know that not everyone will get a worker’s compensation claim. This illness is not often diagnosed within the worker’s compensation claim; the illness has a long latency period. .
Almost every former worker who was exposed to asbestos and was diagnosed with mesothelioma no longer work (either the company no longer exists, or it bankrupted, or the worker is ill and cannot work).
In most cases asbestos patients have the highest chances to win a worker’s compensation because of their shortened lifespan.
How High My Settlement Will Be?
Some cases may end with settlements of several million dollars, others much less than that. The reason behind that is because, over the years, companies and manufacturers avoid using asbestos (some asbestos companies have bankrupted because it was revealed that asbestos causes cancer).
Also, courts are often requiring significant funds to be set aside for any future mesothelioma victims.
In fast settled cases, the amount is not too high; this is why some lawyers would rather wait to get the case to the court. On the other hand, the limited lifetime of the victim is a good reason to accept any settlement so they can pay their medical bills and other expenses.
Case settlements range of one to five million dollars; subtract court cost, medical fees, and attorney expenses, and the final settlement is about 2/3 of the final amount.
Our Washington DC mass tort law firm will make sure that your mesothelioma workers’ compensation claim is filed fast so you can get a settlement as soon as you can. Our lawyers are compassionate and know how hard these times are for you and your family.
Call today and schedule your first consultation; our attorneys will explain everything you need to know.