Asbestos-related illnesses, including mesothelioma, develop in the lungs or abdomen as a result of exposure to asbestos. Although symptoms may not develop for years, this exposure can cause serious, deadly diseases and cancers.
If you or a loved one is suffering from illnesses caused by asbestos exposure, or have been diagnosed with mesothelioma, filing a mesothelioma lawsuit can help you get the compensation you and your family deserve.
The Prim Law Firm can help you navigate the mesothelioma claim process and fight for your legal rights.
What do I need before I file a mesothelioma claim?
Your first step should be to file a personal injury lawsuit with an attorney’s help as soon as possible. In West Virginia, the statute of limitations is two years from the date of your diagnosis.
That means you have two years to file your lawsuit against the responsible parties, starting from the date you were diagnosed with mesothelioma. If you’re filing a wrongful death claim for a loved one who has died from mesothelioma, the statute of limitations is also two years.
If you file a claim after the two year “deadline” has passed, it’s likely that the defendant will ask the court to refuse to hear your case. That’s why it’s so important to act quickly and file your lawsuit soon after you’re diagnosed.
Once you or your attorney files an official complaint, you’ll need to gather evidence to explain why certain companies are responsible for your exposure to asbestos, and in turn, your mesothelioma diagnosis.
Your attorney will review your employment history, medical records, and any actions you took or products you used that may have exposed you to asbestos. This will help you put together a strong claim to prove your case against the defendant.
When can I expect compensation after a mesothelioma claim?
It’s hard to estimate how long a mesothelioma claim will take. Every lawsuit is different. Keep in mind that the defendant has a chance to respond to your complaint, and both sides are given time to put their case together. The process can be lengthy.
However, if you are very sick, your lawyer can ask the court to expedite your claim so it can be resolved more quickly.
What is the average settlement for a mesothelioma case?
Your settlement amount is determined by looking at factors such as:
- Medical costs
- Loss of income
- Pain and suffering
- Loss of enjoyment of life
- Any disabilities or physical impairments
- Decreased ability to support yourself and your loved ones
If you’re filing a wrongful death claim, factors may also include funeral expenses, loss of a spouse’s income, or end of life costs.
Your settlement amount can range from hundreds of thousands of dollars to several million dollars. Every mesothelioma claim is unique, so it’s difficult to predict the amount you will receive.
How long does it take to get a mesothelioma settlement?
Many mesothelioma cases settle out of court, meaning they do not go to trial. Instead of going to trial, the defendant offers you a settlement amount. Your lawyer may be able to negotiate a better amount for you before you accept it. When settling out of court, mesothelioma patients can receive compensation more quickly and resolve their case faster.
If you reach a settlement agreement before trial, the court will then issue an order of settlement. This requires all parties involved to complete settlement papers, including a release form stating that you won’t file future lawsuits against the defendant.
Once the release form is signed and given to the other party, it can take months or years for you to receive your settlement money.
Will my mesothelioma settlement be taxed?
Generally, no. The settlement money you receive is not taxable under federal law, according to the IRS. If you’re compensated for economic damages like medical bills and lost wages, or for non-economic damages like pain and suffering, you do not have to pay taxes on that money.
There are some exceptions to the rules. Depending on your tax decisions from previous years and tax benefits you’ve previously received, you may need to pay taxes on your settlement.
Should I work with a mesothelioma attorney?
If you or a loved one has been impacted by mesothelioma, and you’d like to file a personal injury lawsuit or wrongful death claim in West Virginia, the Prim Law Firm can help.
Our team of experienced mesothelioma attorneys at Prim Law are dedicated to helping mesothelioma patients and their families receive the compensation they deserve.
Our office is based in Hurricane, WV. Call the Prim Law Firm at 1-866-201-7985 for a free consultation with a mesothelioma attorney today. You can also fill out an online contact form and follow Prim Law Firm on Facebook.