Filing an Asbestos Claim

The process of filing an asbestos claim starts with finding an experienced attorney. This should be someone who is familiar with the specific regulations governing personal injury law in your state.

When you are interviewing law firms, find out:

• How long they have been in business
• How many asbestos lawsuits they have handled
• How many involved clients with mesothelioma
• How many of those claims were successfully settled
• How many went to court (and the outcome of those cases)
• What the statute of limitations is in your state for this type of claim
• What types of documentation they would need from you in order to file a suit

Ask if you will be required to travel for any interrogatories or depositions (these are questions and interviews about the facts of your case). Much of the information gathering process may be accomplished via phone, fax, videoconference, and mail.

You can ask about the average settlement amount for each asbestos claim, but some of this information will be confidential. Also, the amount varies a lot depending on the circumstances.

How Much Will This Cost?

This type of personal injury case is handled on a contingency basis. Your attorney will keep part of the settlement money rather than being paid in advance.

What Happens Next?

The first step is gathering as much information as possible.

This will include:

• Your medical history including test results showing that you have mesothelioma
• When and where you were exposed to asbestos and for how long
• A list of any witnesses that would be able to confirm these facts
• Who is responsible for this exposure (manufacturer, employer, etc)

After That:

• Your attorney will serve (notify) whoever you are suing
• Both sides will gather as much information as possible from the other
• If you have a fairly strong case, the defendant will probably ask you to settle your asbestos claim out of court
• Your attorney will advise you on whether settling is a good idea or if you should go to trial. However, the decision is ultimately up to you.

Your case may take 1-2 years (or more) to be finished. If you have mesothelioma, your case might be fast tracked.

What You May Have Heard About Lawsuits

There has been a lot of media coverage regarding huge class action asbestos lawsuits. Some of these plaintiffs apparently had no symptoms of harm from exposure. Because of this, many companies responsible for causing injury say that victims are simply making things up to get money they don’t deserve.

If you have mesothelioma, you do not fall into this category. Your type of cancer is extremely rare in the general population. However, it is common among people who have been exposed to asbestos. In fact, exposure to this carcinogen is currently the only known cause of mesothelioma. You deserve to be compensated for your injury.