Under personal injury law, a mesothelioma or asbestos claim is a means for the affected party to seek compensation from the negligent company for their asbestos-related disease.
However, mesothelioma patients must act swiftly, as they may have limited time to pursue legal action. The sooner they take action, the quicker they'll receive funds to help them cover their medical expenses and other losses.
Schuerger Shunnarah Trial Attorneys have decades of combined experience representing injured victims in Dallas, Texas. Mesothelioma patients or those suffering from other asbestos-related illnesses should reach out to them to learn more about their rights and legal options.
How Long Does a Mesothelioma Claim Take?
The time it takes to reach a mesothelioma settlement depends on the facts surrounding the case. Typically, mesothelioma claims settle quicker than other types of cases, as the victim may only have a couple of months or years to live.
An experienced attorney can ask the court to expedite the legal proceedings so that their client can receive financial compensation to pay for their treatment and other damages.
What Does the Mesothelioma Claim Process in Dallas, Texas, Involve?
Most family members take on the responsibility of caring for the mesothelioma patient, which can be physically, emotionally, and financially taxing. The idea of pursuing legal action can be overwhelming, which is why they are fearful of filing a lawsuit.
It's important for the family members and the victim with a mesothelioma diagnosis to understand the legal process and the stages involved. This can bring some calm into their lives.
The following are the steps involved in pursuing mesothelioma lawsuits in Dallas, Texas:
Hire a Skilled Mesothelioma Lawyer
To start the asbestos litigation process, the victim and their family must find a law firm with a successful track record. They must take the time to thoroughly research the asbestos attorneys in Dallas before hiring them to file the lawsuit.
Asbestos companies are large corporations with a strong legal team. The affected parties must find an experienced attorney to file a personal injury claim against the negligent company.
File a Mesothelioma Lawsuit
When the mesothelioma attorney takes on the case, they'll conduct their own investigation into the matter and gather the necessary evidence before they file an asbestos claim.
It's crucial for the victims to work with an experienced lawyer, as they know the statute of limitations and can bring asbestos claims within the time frame allotted under the law. They can advise on questions like What can you claim for with mesothelioma?
Wait for the Defendant's Response
After the attorney files an asbestos claim for their client, they must wait for the defendant to respond. The law requires asbestos companies to reply within a specified period of time, as failure to do so would result in losing the case.
In many mesothelioma claims, asbestos companies often reject initial complaints in an attempt to pressure the victims into forgoing legal action or accepting a lower settlement offer.
File a Mesothelioma Lawsuit
Most defendants reject asbestos claims, which can prompt the mesothelioma lawyer to pursue a lawsuit against the company. After submitting the notice, the attorney will allocate their legal team to provide assistance in the discovery phase.
The discovery stage involves attorneys on both sides cooperating with each other and providing access to the relevant information, which may include the following:
Requests for the production of documents
Depositions to answer questions
During the discovery stage, the victim's attorney can gain access to undisclosed information that is not readily available to the public. This can make or break the case.
When mesothelioma victims pursue lawsuits following their asbestos claims, they may have a greater chance of settling the case. The discovery phase can reveal evidence that could strengthen the suit, which can trigger negotiations.
As both parties get a sense of how strong the other party's asbestos lawsuit is, the defendant might throw a settlement offer on the table. The attorney can discuss with their client whether the amount of money is fair.
In most asbestos lawsuits, the initial settlement money provides lower compensation than what the victim should receive for the damages incurred.
When that happens, the attorney will handle the insurance company, present their evidence, and negotiate a fair settlement.
The Case Goes to Trial
When the defendants reject the asbestos claims and fail to negotiate a fair settlement, the plaintiffs and their attorneys may decide to go to trial.
Since going to trial is an expensive and time-consuming process and it could lead to bad publicity, there is a high likelihood that the asbestos companies might make a better settlement offer.
Sometimes, the settlement may not come until the trial starts. It's all about the nerves and who budges first.
If there is no settlement offer and the trial starts, it's up to the jury to decide who is liable for the damages. In case the asbestos company is responsible for the plaintiff's mesothelioma, they could file an appeal after the jury's decision.
The Defendant Files an Appeal
After losing at trial, the defendant (asbestos company or manufacturer) may decide to file an appeal. They may ask the judge to reduce the award or overturn the verdict in their favor. This can be a long process, which means that the plaintiff must continue the legal fight and wait a long time before they receive compensation.
Fortunately, most mesothelioma lawsuits settle outside of court, and appeals are uncommon. An experienced asbestos attorney can turn up the heat on the defendant and force them to make a fair settlement offer.
Can Surviving Family Members File Wrongful Death Claims in Dallas, Texas?
When a person dies due to an asbestos-related disease, the personal injury law in Dallas, Texas, allows the victim's surviving family members to pursue a wrongful death claim.
Filing wrongful death claims is a legal remedy for surviving family members who have lost their loved ones due to the negligence of others. It covers the damages arising from the survivor's injuries.
If the surviving spouse, children, or parents fail to bring a civil action within three months, the right to recovery goes to the personal representative or administrator of the decedent's estate.
The following are the different types of damages available in wrongful death claims in Texas:
Lost wages and loss of earning capacity
Mental pain and anguish
Loss of companionship
Value of lost inheritance
Navigating the claims process after losing a loved one can not only be stressful but also overwhelming. An experienced mesothelioma lawyer can guide the surviving family members on their rights and the damages they can recover if they wish to pursue a wrongful death lawsuit.
What Is the Statute of Limitations for Asbestos Claims?
The statute of limitations is the time frame mentioned in the law in which the mesothelioma victims must pursue claims or lawsuits to recover the compensatory damages arising from their asbestos exposure.
Under the law, a mesothelioma victim has two years from the date of diagnosis to file an asbestos claim. The same is true for all those who have lost their loved ones and are considering pursuing wrongful death lawsuits. However, the clock starts ticking from the date of the decedent's death.
Although two years may seem like a lot of time, it's crucial for the victims and surviving family members to reach out to experienced mesothelioma lawyers immediately. Taking prompt legal action can lead to a stronger case and improve the claimant's chances of obtaining compensation.
How Are Mesothelioma Lawyers Different from Other Personal Injury Attorneys?
Asbestos attorneys are different from other personal injury lawyers in many ways, including the following:
A Mesothelioma Attorney Has Understanding of Asbestos Litigation
Asbestos litigation is a complex field of personal injury law. The attorneys specializing in this have access to a library of research and know the important precedents, allowing them to bring civil action against the responsible company quicker than other types of lawyers.
They Can Tackle the Defenses Used by the Asbestos Companies
To avoid paying out mesothelioma compensation to the claimant, the asbestos company has a few legal defenses under their sleeve that they can use.
A skilled mesothelioma lawyer knows the tactics asbestos companies use, and they can gather the necessary evidence to combat the arguments.
Asbestos Lawyers Know How to Build Strong Mesothelioma Claims
Mesothelioma claims are much different than other personal injury cases, as they require different types of evidence and documents.
An experienced asbestos lawyer understands what they need to provide to support a mesothelioma case to increase the victim's chances of recovering financial compensation. Some of the documents required may include the following:
Evidence of the history of asbestos exposure
Testimonies from medical experts
Mesothelioma Lawyers Have the Resources to Investigate the Asbestos Exposure
Sometimes, there may be multiple asbestos companies responsible for a patient's mesothelioma diagnosis. A law firm specializing in such claims has the resources to investigate and identify all of the liable parties, even if the company is no longer operational. This can not only improve the victim's chances of winning the lawsuit but also receive a higher compensation.
Asbestos Attorneys Can Help Calculate Non-economic Damages
A mesothelioma diagnosis can lead to an emotional whirlwind, with the victim experiencing a rush of emotions ranging from sad to angry. Asbestos attorneys have worked closely with the affected parties, and they've seen firsthand the impact of asbestos-related diseases on the patients and their family members.
By having extensive experience building mesothelioma lawsuits and fighting for the rights of the affected parties, asbestos lawyers know the pain and suffering a victim goes through. They have expertise in calculating non-economic damages, ensuring that the claimant or plaintiff receives maximum compensation for their loss.
Mesothelioma Patients Should Contact Schuerger Shunnarah Trial Attorneys to Find out More about Their Legal Case!
Asbestos victims and mesothelioma patients in Dallas, Texas, should call to schedule a free consultation with the experienced Schuerger Shunnarah Trial Attorneys. They can help file a claim and go to war against the negligent companies to get the victim the justice and compensation they deserve!