Over the next several weeks, we’ll continue to explore some of the key topics of interest for veterans of the military regarding exposure to asbestos and the possible consequences to their health and finances that can result from the exposure.
Veterans at risk for potentially fatal levels of asbestos exposure typically are those who served between the years of the First World War and Vietnam. Those individuals were not made aware of the risks to their well being at their time of service, and some may not even be aware of them now. The purpose of these next several articles is to educate and inform those who may have been affected by toxic levels of asbestos about their medical, legal and financial options in the years following exposure.
More information about the risks and consequences of asbestos exposure for veterans of the U.S. Military, including a free consultation of your possible case against those responsible for exposing you to a known dangerous carcinogen, you can contact Shrader Law and Associates, LLP directly anytime of the day TOLL-FREE at 1-877-637-6347.
PART XI: A GUIDE TO FILING A MESOTHELIOMA LAWSUIT WITHIN THE COURT SYSTEM
In our last installment of this series, we outlined the steps for filing a mesothelioma lawsuit with the U.S. Department of Veteran Affairs for VA benefits including disability compensation and medical care coverage. Now, we’ll focus on the process behind filing a personal injury claim through the civil court system for the purpose of gaining compensation via mesothelioma settlement or trial award.
Step 1: Select and retain an attorney to represent you.
The first action required for filing a mesothelioma lawsuit is selecting and retaining an attorney to represent your legal interests in and outside of the courtroom. It’s absolutely imperative that you choose an experienced asbestos attorney who has several years of toxic tort litigation under his or her belt and can show a proven record of success in handling cases like yours.
Step 2: Provide all details and accessible proof of your claim.
Your lawyer and his or her support staff will take most of the burden off of your shoulders when it comes to filing your claim and following through on the required actions that follow. These include hiring a process server to deliver notification of suit to the defendant(s), submitting all required paperwork and filing all necessary motions with the court(s) as well as gathering evidence to support your claim.
You will assist in this last part of the process by providing to your attorney’s office all pertinent details related to your asbestos exposure and subsequent illness, including any and all documentation you have on-hand that may help prove your case. Your attorney will compile everything and submit it during the discovery process, which will include several steps that he or she will help guide you through.
Step 3: Negotiate a settlement or proceed to trial.
The final step in filing a mesothelioma lawsuit is dependent on whether or not your case settles out of court or proceeds to trial. The latter is most common in asbestos-related lawsuits, with the majority of victims receiving a settlement of somewhere between $1 and $1.2 million.