The financial cost of a mesothelioma diagnosis, not to mention the emotional turmoil associated with it, can worsen the victims’ and their families’ lives. Mesothelioma lawsuits provide a legal route to seek compensation from the corporations and individuals using and manufacturing asbestos products.
The compensation received may help cover the treatment costs, loss of wages due to probable job loss, travel costs, and other expenses.
If you or someone you love has been diagnosed with mesothelioma, this article is for you. It explains everything about seeking help through mesothelioma lawsuits.
1. Why should you file a mesothelioma lawsuit?
Mesothelioma results from exposure to asbestos, a deadly mineral that companies used in the past, regardless of their awareness of its detrimental health effects. The companies continued to manufacture products containing asbestos and sold them to individuals, other companies, and the military. As a result, countless Americans were exposed to asbestos without adequate warning, leading to mesothelioma diagnoses in their later years.
While the decision to file a mesothelioma lawsuit is a personal one, there are several advantages to going with it.
- A mesothelioma lawsuit is a way to hold the wrongdoing companies accountable for their crimes driven by capital gains and receive compensation.
- The victims can receive much-deserved financial relief for their families, allowing them to have a stable future, even when they are no longer with them.
- The compensation can ease the victim’s financial burdens, including treatment and other associated costs. The treatment for mesothelioma often costs more than $500,000. Through mesothelioma lawsuits, the victims and their families can get an average settlement of $1 million to $1.4 million and pay for the treatment.
2. Types of mesothelioma lawsuit
There are several types of mesothelioma lawsuits that victims or their families can file.
Asbestos trust funds: An asbestos trust funds claim is filed when you seek compensation from the trust funds created by the asbestos companies under the court’s directive. These companies have set aside approximately $30 million in bankruptcy trust funds to pay people harmed by their products.
Personal injury claim: You become eligible for a personal injury claim if you receive a mesothelioma diagnosis and prove it is linked to asbestos exposure.
Wrongful death claim: It is filed by the families of the victims who have passed away due to mesothelioma.
Veteran Affairs Claims: One in three people reporting a mesothelioma diagnosis are veterans. They can file for compensation from the Department of Veterans Affairs if they have developed mesothelioma due to asbestos exposure during service years.
You might be able to file for several types of compensation to ease your financial burden. A mesothelioma attorney can help you decide the options that can provide you with the maximum payment.
3. Who should file a mesothelioma lawsuit?
Generally speaking, three parties can file a mesothelioma lawsuit.
- The person exposed to asbestos and diagnosed with mesothelioma
- The families of the sufferers of mesothelioma diagnosis
- Individuals representing the victim’s estates
These parties can partner with the mesothelioma attorneys to determine the type of lawsuit they should file and which parties to sue. Luckily, most mesothelioma attorneys and firms offer free legal consultation to assess your case and determine your eligibility for the lawsuit.
4. What is the time limit for filing a mesothelioma lawsuit?
Law has defined a time known as the statute of limitation, within which you can file a mesothelioma lawsuit. In most states, the statute of limitation is two to three years for mesothelioma lawsuits from the time of your diagnosis. In addition, you might also be required to file lawsuits in multiple states depending on the location of the asbestos companies.
Therefore, you should always talk with your attorney about your deadline for filing a mesothelioma lawsuit, decide where to file, and ensure all your paperwork is complete.
5. Procedure to file a mesothelioma lawsuit
Mesothelioma cases can significantly differ from one another; however, the general process remains the same.
Below is how you can file a mesothelioma lawsuit.
6. Hire a mesothelioma attorney
Mesothelioma lawsuits can be very complicated as they require extensive information, proofs, and documentation; winning it without a seasoned attorney is impossible. Therefore, hiring a mesothelioma attorney is important before doing anything related to the lawsuit.
7. File the mesothelioma claim
To file the case, your attorney will require the following details.
- Medical proof of your m diagnosis
- Work history demonstrating that you or someone you love worked for a company mentioned in the claim.
- Financial records showing your financial difficulties
- Testimony describing the cause of your asbestos exposure and resultant mesothelioma
Based on the evaluation of these documents, the attorney will determine your eligibility for a mesothelioma lawsuit. If you qualify, the lawyer will choose the most suitable court for filing your case.
8. Response from the defendants
When the plaintiff’s lawyer files the case, the court notifies the defendants (companies using and manufacturing asbestos-containing products). Defendants generally have one month to respond when they receive a legal notice from the court.
9. Discovery phase
Discovery is a crucial stage for legal teams from both parties and involves gathering statements, evidence, historical records, etc. The lawyers on both sides conduct interviews and depositions, share information, and request documents to support their cases.
Both parties can send written interrogatories containing questions that must be responded to under oath. The questions may include asbestos exposure details, medical history, and the plaintiff’s damages. Lawyers can also call upon expert witnesses to seek insights and opinions on various aspects of the case.
10. Settlement vs trial
As both parties collect information, the lawyers from both sides may work together to negotiate an out-of-court settlement. More than 90% of mesothelioma lawsuits end with an out-of-court settlement, helping victims receive compensation sooner.
However, when both parties fail to reach a settlement agreement, the lawsuits move to a court trial where both parties’ lawyers present their case’s details before a judge.
Most lawyers prefer settlement over court trials because the trials are considerably lengthier and riskier. The defendant also gets a chance to appeal if they get an unfavorable verdict. The judge can also announce a ruling that may give no compensation to the plaintiff.
Conclusion
According to KCIC, the national consulting firm, in 2022, more than 3,500 asbestos lawsuits were filed; out of them, more than 1800 were mesothelioma lawsuits. However, you need a lawyer with great negotiation skills to win your mesothelioma case and to receive the maximum compensation. A mesothelioma attorney will also use their expertise, extensive network, and resources to find asbestos companies responsible for your exposure.
