Do I need to File a Lawsuit?
Is Filing a Lawsuit My Only Option?
If you were diagnosed with mesothelioma after being exposed to asbestos, you may have significant legal rights. Moreover, you don’t necessarily have to file a lawsuit to enforce them. At Stern Law, PLLC, we understand how difficult a mesothelioma diagnosis can be, and as such, we want to provide you with the full scope of your legal options so that you can be justly compensated for your injuries.
Contact Stern Law, PLLC now at (844) 808-7529 to schedule your free consultation with one of our seasoned and compassionate mesothelioma attorneys. There are a variety of legal options that don’t involve the courtroom, and we will help you to make informed decisions as to which path is the best for you in light of your individual set of circumstances. Don’t wait – call us right now to review your case and learn more about your legal rights and options.
Mesothelioma Victims Have Legal Rights
When you are diagnosed with mesothelioma, you need to work with a qualified healthcare professional to develop a treatment plan and start care immediately to increase your chances of survival. Once you have taken these critical steps, you should then speak with an experienced asbestos exposure attorney. At Stern Law, PLLC, one of our skilled asbestos exposure attorneys will review your case, determine your sources of exposure, and if you have a viable case, provide you with a list of legal rights and options. For some mesothelioma patients, time may not be on their side, especially if they are in poor health and/or have an advanced form of the disease. That is why they may prefer to avoid litigation and seek monetary compensation upfront rather than have to go through a protracted legal case that could take years to complete. Accordingly, the following are a list of non-litigation related options:
Settling Your Case
If you wish to settle your case upfront to avoid trial, you will need file a claim against a responsible party or multiple responsible parties before you can reach a settlement. Some defendants wishing to avoid litigation altogether choose to offer a settlement at the beginning of one’s case, which means that you will not have to go to court. If the amount is sufficient in light of your individual set of circumstances, accepting the offer may save time and money, especially for those who have a life expectancy of two years or less as a result of their asbestos-related illness. Conversely, a plaintiff can also offer a settlement amount upfront, of which a defendant can either accept or reject. An experienced attorney will review with you the strengths of your case and help you to determine whether settling your case, filing a trust fund claim, or seeking a verdict is more appropriate.
Filing a Claim for Trust Funds
Over seventy former asbestos companies have filed for bankruptcy in order to avoid further lawsuits. However, the U.S. governing required these corporations to create trust funds with a sufficient amount of money to pay out current and future legal claims to those injured by asbestos. Filing a trust fund claim may be the quickest way to receive money, which is especially helpful to those who are at an advanced stage of illness however, it may be less money than if you file a lawsuit or seek a legal settlement. Your attorney can review with you whether filing a trust fund claim is right for you.
Filing for Veterans Administration (VA) Benefits
While veterans cannot sue the military/U.S. government for having been exposed to asbestos and becoming ill as a result, they can pursue a claim against asbestos and product manufacturers by choosing any one of the above options. However, if they do not wish to file a lawsuit, military veterans can apply for benefits with the VA such as health care and disability. Surviving spouses and children of deceased veterans who died as a result of an asbestos-exposure related illness can also apply for a Dependency and Indemnity Compensation (DIC) benefit, which is paid out on a monthly basis. Military veterans may also pursue a trust claim.As noted above, your attorney can review with you whether filing a trust fund claim is right for you.
Stern Law, PLLC – Our Lawyers are Compassionate, Dedicated & Skilled Advocates
At Stern Law, PLLC, we know how a mesothelioma diagnosis can uproot your life, and as such, we want to help you secure you and your family’s current and financial future. When you meet with one of our seasoned asbestos exposure lawyers, we take the time you deserve to review your case, determine the sources of your exposure, and develop a plan of legal action to fight for the compensation you need. Contact Stern Law, PLLC today at (844) 808-7529 to schedule your free consultation. We are available now to review your case.
