Mesothelioma Lawsuit: A Comprehensive Guide to Legal Action and Compensation
Mesothelioma is a malignant, aggressive disease that is primarily caused by asbestos exposure. It commonly involves the lining of the lungs, abdomen or heart, and is usually diagnosed decades after exposure. In the vast majority of cases, where asbestos exposure has been due to someone else’s negligence, victims and their families may be entitled to compensation through a mesothelioma lawsuit.
This guide addresses what you can expect when you sue for defamation, including the lawsuit basics, the legal elements you need to prove, and what you should know about the law before you launch a lawsuit.
A mesothelioma lawsuit is a lawsuit brought by a person who was diagnosed with mesothelioma or his or her family members against the companies that are responsible for that person’s asbestos exposure. The suits seek payment for medical care, lost wages, and pain and suffering, among other damages caused by the disease.
Most of the lawsuits come into one of two types:
Personal Injury Lawsuit: The mesothelioma patient files a personal injury lawsuit.
Wrongful Death Claim: Filed by relatives on behalf of a family member that has passed away.
When Should You File a Mesothelioma Lawsuit?
Mesothelioma takes a devastating toll, both physically and financially. Therapies are expensive, and the disease frequently causes depression and financial stress. Filing a lawsuit can help:
Pay for your medical bills and treatments.
Replace your lost earnings because you cannot work.
Secure the wellbeing of families.
Hold bad companies responsible.
Gain closure through justice.
Who is eligible to file a Mesothelioma Lawsuit?
You most likely have the right to sue if:
You have been told that you have mesothelioma or another asbestos related disease.
There’s perhaps a product, job site, or manufacturer you can tie your asbestos exposure to.
You are a loved one of someone who passed away from mesothelioma.
Even in cases where a man was exposed many years ago, there still may be legal recourse. An asbestos lawyer can provide guidance on how to qualify in your state’s statute of limitations.
Mesothelioma victims have a number of options available to them:
Personal Injury Lawsuits
These are mesothelioma lawsuits that are filed by patients, or the family members of patients, seeking compensation for asbestos makers and others who were responsible.
Wrongful Death Lawsuits
If the patient dies before or during a lawsuit, then his or her family members may file a wrongful death lawsuit to get compensation for their loss.
Asbestos Trust Fund Claims
Several asbestos manufacturers went bankrupt and established trust funds to pay victims. The claims are settled outside of court and require comprehensive documentation of exposure and disease.
VA Claims
Military veterans who were exposed to asbestos while on active duty can file for VA benefits including disability compensation.
mesothelioma lawsuit
How to File a Mesothelioma Lawsuit
Step 1: Consult with an Experienced Lawyer
Select a mesothelioma attorney who has fought in trial for victims of asbestos exposure. These lawyers have the expertise and resources to track exposure history, define responsible companies and construct a compelling case.
Step 2: Case Evaluation
He or she will examine your medical records, work history, and other evidence to find out if you have a meritorious claim.
Step 3: Filing the Lawsuit
You claim is filed in the right court after the necessary evidence is collected. They will also make sure the case is filed within the statute of limitations of your state.
Step 4: Discovery Phase
Both sides exchange evidence and take depositions. Your attorney will interview witnesses, experts, and corporate representatives for building your case.
Step 5: Settlement or Trial
The majority of mesothelioma cases are settled out of court. But if the other side is not willing to offer fair compensation, the case can be taken to trial.
THEMESO Compensation for Mesothelioma Lawsuits
The specific amount of the compensation depends on things such as:
Severity of illness
Medical expenses
Lost wages
Pain and suffering
Number of liable parties
Average Settlements and Awards
Settlements: Average of about $1 million to $2 million
Trial verdicts: Can be in excess of $10 million, depending on the case
Every case is distinct and there is no guarantee of compensation. The above-mentioned costs will be an estimate that your lawyer can provide based on other cases he/she has good faith in estimating similarly.
How Long Does it Take for a Mesothelioma Lawsuit to be Settled?
How long your mesothelioma lawsuit takes depends on many factors, including the court’s schedule, the complexity of the case, and whether a settlement is reached. On average:
Settlements: 6 to 12 months
Trials: 1 to 2 years or more
Courts can fast track cases relating to terminal illness, expediting them and making sure that they attain justice more quickly.
Under the category of mesothelioma lawsuit and the statute of limitations, you would see:
The statute of limitations is the time limit established by law for a person to file a lawsuit. It is state dependent and usually 1 to 3 years following diagnosis or death. Failure to meet this deadline can forfeit the right to financial damages.
It is critical to speak with a lawyer quickly to maximize the chances of your case being filed in time.
Selecting the Best Mesothelioma Attorney
The difference between winning and losing your case is often an experienced mesothelioma attorney. Look for:
Successfully conducted asbestos related litigation
Proven results in winning big settlements and verdicts
National scale and resource reach
Contingent costs only (in other words, lawyers are usually paid only if a client collects money)
FAQs About Mesothelioma Lawsuits
What if I’m not sure how I was exposed to asbestos, can I bring a law suit? Yes. Knowledgeable lawyers have access to databases of work sites, products and manufacturers that can pinpoint the source of the exposure.
What if the company in question is out of business?
Many employers that used asbestos established trust funds before filing for bankruptcy. A trust fund compensation lawyer can also assist with filing a claim.
Can surviving family members bring a lawsuit on behalf of someone who died?
Yes. Wrongful death claims or claims for damages from asbestos trust funds can be brought by surviving family members.
What if the exposure occurred decades ago? Is it too late to sue?
Not necessarily. Since mesothelioma can have a latency period of 20 to 50 years, the statute of repose generally begins to run from the date of diagnosis, rather than the date of exposure.
Final Thoughts
Mesotheliomalitigation is often an essential step to financial recovery and justice for those who have been harmed by asbestos exposure and family members who have lost loved ones to asbestos-related diseases. Although money can’t heal the pain and suffering, legal compensation can help to support treatment, recovery, and peace of mind.
If you or a family member have recently suffered a mesothelioma diagnosis, do not delay. Speak with an experienced mesothelioma attorney to discuss your rights and compensation owed to you.
[ This article is for informational purposes only and does not constitute legal or medical advice. ]
