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How to Win an Asbestos Settlement

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By blusher
User-Submitted Article
(2 Ratings)
Win an Asbestos Settlement
Win an Asbestos Settlement
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If you or a loved one has been diagnosed with mesothelioma or another asbestos-related condition, you have the right to seek an asbestos settlement. This type of settlement is received after filing a claim either through an attorney or on your own. Individuals are able to file for a settlement on their own for around $50-$250 depending on the state, but it is recommended however that you hire an experienced asbestos attorney to help you understand your rights.

Here are some steps to help you win an asbestos settlement:

Difficulty: Moderately Challenging
Instructions
  1. Step 1

    You will first need to be properly diagnosed with mesothelioma. You will want to visit a physician and an oncologist to conduct your examinations. Visiting both types of doctors will help your chances of winning your asbestos settlement. Don't go to a "discount screening" facility which may be held in such places as parking lots, auditoriums, hotels, etc. These are usually conducted by lawyers looking to find new clients.. A diagnosis from one of these places can ultimately hurt your case.

  2. Step 2

    Know the exact type of disease you have. You are more likely to win an asbestos settlement if you have mesothelioma (cancer) as compared to another related disease such as asbestosis which is non-cancerous.

  3. Step 3

    Know your states statute of limitations. This law requires that people file for asbestos settlement within a certain amount of time after being diagnosed with the illness. In some states, it can be as little as one year after being diagnosed that you must file your claim for compensation.

  4. Step 4

    Be able to show the exact source of your illness. In order to win an asbestos settlement, you must be well prepared. Gather documents of places you worked, gather contact information for bosses and co workers, list any asbestos products that you came in contact with, list who you feel is responsible and why, how long you were at the asbestos job etc. Also list the exact asbestos damages you have suffered.

  5. Step 5

    To win a settlement in an asbestos case, you need a good, experienced mesothelioma lawyer. You can find one various places such as the Internet, Yellow Pages, word-of-mouth referrals, etc. The Internet will give you the most options since you can find countless reports on the various asbestos attorneys and litigation firms. You will want an attorney that has experience winning cases dealing with this type of cancer.

  6. Step 6

    In order to win an asbestos settlement, you must also be patient during the "discovery phase". This is the part of the litigation process which involves gathering information, scheduling and interviewing witnesses, taking sworn statements, etc. You must also be strong during this part of the process since the defense attorneys will be interviewing you and trying to prove that they are not at fault for your illness. The attorneys may also try and settle your case out of court and come to an agreement as to the proper settlement for you case. Either way, try and be strong - this is a very difficult time.

Tips & Warnings
  • You can file a claim if you have any asbestos-related disease, but you are more likely to win a settlement if you are diagnosed with mesothelioma.

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on 5/23/2009 Thankfully I've never been in a situation where I had to sue for asbestos, but this is good info. 5*

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