Washington Mesothelioma Claims: What You Need to Know

Living in Washington state and diagnosed with mesothelioma? You have important decisions to make regarding your legal options and compensation.

What You Need To Know About Washington Mesothelioma Legal Question

Let’s take a look at what you need to know.

Filing a Lawsuit

If you or a loved one has been exposed to asbestos and developed mesothelioma as a result, you may be entitled to file a lawsuit against the companies responsible. In Washington, the statute of limitations for filing an asbestos claim is 3 years from the date of diagnosis. However, it’s best to start the legal process as soon as possible while evidence and witnesses are still available.

Working with a mesothelioma lawyer in Washington, you can build a strong case to recover damages which may include loss of income, medical bills, pain and suffering, and more. Lawyers in Washington who handle mesothelioma cases work on contingency, meaning there are no upfront costs and they only get paid if you win your case.

Trust Fund Claims

Washington has over $4 billion in asbestos trust funds set up by companies that produced and distributed asbestos products. These funds are meant to compensate mesothelioma victims and their families.

Washington Mesothelioma Laws: Understanding Your Legal Options

Washington has some of the strongest mesothelioma laws in the U.S. How to understand your legal options include:

1. Statute of Limitations

Washington has a statute of limitations of 3 years for personal injury claims, including mesothelioma lawsuits. This means you have 3 years from the time of diagnosis to file a claim. It’s important to act quickly to avoid missing this deadline. An experienced mesothelioma lawyer can walk you through the process of filing a claim before time runs out.

2. Liability Laws

Washington uses a “pure comparative fault” system for asbestos claims. This means that a plaintiff can recover damages even if they are partially at fault. The damages awarded would be reduced by the percentage of fault assigned to the plaintiff. For example, if a jury finds that a plaintiff is 30% at fault, they would receive 70% of the total damages awarded. This is good news for mesothelioma victims, as companies that exposed them to asbestos are usually found primarily liable.

3. Asbestos Trust Funds

Many companies that historically used asbestos went bankrupt under the weight of mesothelioma lawsuits. To continue compensating victims, they set up asbestos trust funds.

There are over 60 trusts with billions of dollars to pay claims, and Washington residents are eligible to file claims against many of these trusts. An experienced lawyer can help identify which companies may have exposed you to asbestos and file claims with their trust funds.

4. Compensation for Medical Bills and Suffering

In a successful mesothelioma lawsuit, you can recover damages for things like medical bills, lost wages, loss of companionship, and pain and suffering. Washington does not cap damages for personal injury or wrongful death claims.

The laws in Washington favor mesothelioma victims and their families. Talk to a lawyer about your legal options as soon as possible after diagnosis to understand how these laws can work for you.

Filing a Mesothelioma Lawsuit in Washington: The Process

If it looks like you may have grounds for legal action, here are the main steps in the process:

1. Find a Mesothelioma Lawyer in Washington

Search online for “mesothelioma lawyers Washington” or “asbestos attorneys Seattle.” Review their credentials, experience, and client reviews.

Schedule consultations with a few top candidates. The vast majority provide free consultations with no obligations attached. Inquire about their success rates, price schedule, and experience handling mesothelioma cases.

Select an authorised representative with whom you are at ease to represent you. They will represent you in all legal proceedings.

2. Investigate into the Case Building

Your lawyer will conduct a thorough investigation into how and where you were exposed to asbestos. This may involve interviewing former co-workers or employers and obtaining work records.

If a clear source or multiple sources of exposure can be identified, your lawyer will determine which companies may be liable and build a strong case to support your claim.

3. Filing a Lawsuit

Once there is enough evidence to support your case, your lawyer will file a lawsuit in Washington against the defendant companies. This is done within the 3-year statute of limitations for personal injury claims in WA.

The companies named in the lawsuit will have a chance to respond to the allegations. They may settle out of court or the case may go to trial.

4. Trial or Settlement

Most mesothelioma lawsuits end in settlement before trial. If a fair settlement offer is made, your lawyer will discuss it with you. Settlements typically do not require admitting wrongdoing.

If the case goes to trial and you win, the companies may be ordered to pay substantial damages. However, there is a risk of losing at trial. Your lawyer can advise which option may be better based on the details of your specific case.

Hiring a Washington Mesothelioma Lawyer: What to Look For

When looking for a mesothelioma lawyer in Washington, there are several factors you should consider. The lawyer you choose can have a big impact on your case and compensation.

1. Experience

Look for a lawyer with experience handling mesothelioma cases in Washington. An experienced lawyer will understand the state’s laws regarding asbestos exposure and liability. They will also have experience taking cases to trial and negotiating settlements with asbestos companies and trusts. Ask how many mesothelioma cases they have handled and their success rate.

2. Focus

Choose a lawyer who focuses specifically on mesothelioma and asbestos litigation. Professional knowledge and experience are needed to handle these challenging situations. Lawyers practicing in general personal injury law might lack the necessary experience to manage an asbestos lawsuit. On their website and promotional materials, look for phrases like “mesothelioma lawyer” or “asbestos litigation.

3. Reputation

Examine rankings on websites such as Super Lawyers and testimonials from previous clients to determine the reputation of a lawyer. Look for a track record of achievement both within and outside of the courts, moral behaviour, and a commitment to building connections with clients. Reputable, well-rated professionals will put up a strong battle for their customers while also offering compassionate support.

4. Resources

Choose a lawyer who is supported by a large, well-established firm. Mesothelioma lawsuits can be expensive as well as time-consuming, frequently involving thorough investigation, the testimony of expert witnesses, and legal action against major corporations. Verify if any potential attorney has the resources, personnel, and endurance to devote themselves entirely to your case.

5. Personality

Choose a lawyer you connect with and trust. Your lawyer will be by your side through a difficult time, so look for someone who is a good listener, answers your questions honestly, and treats you with empathy and respect. Meet with candidates in person if possible to get a sense of their demeanor and values.

Maximizing Your Mesothelioma Compensation in Washington

To get the most out of your mesothelioma claim in Washington, there are several steps you should take.

To get started with, locate an experienced mesothelioma lawyer in Washington to assist you in bringing a claim against the businesses accountable for your cancer exposure. On your behalf, they can look into how and where you were exposed, identify the responsible party, and fight for the highest possible compensation.

Records pertaining to your asbestos exposure, medical diagnoses, and treatments should also be gathered. This includes employment documents, military service records (if any), test results, doctor’s notes, medical bills, and so on. These documents support your case and guarantee that you are fairly compensated for any damages, including pain and suffering, lost wages, medical costs, and other losses.

Obtaining several physician opinions regarding your diagnosis and prognosis is a critical next step. Your payout will be higher the more proof you have of how serious your condition is.

If during talks a reasonable settlement is not reached, do not be reluctant to proceed with your case to trial.

Lastly, you might want to join a Washington mesothelioma support group. Talking to people who have gone through similar things before can help lower anxiety and offer helpful guidance for navigating the legal system.

Conclusion

Mesothelioma victims in Washington who act diligently stand the best chance of receiving the biggest financial awards and settlements to support their loved ones and pay for their medical care. Although it won’t alter the prognosis, it can assist lessen the hardship of living with this illness.