Mesothelioma is a type of lung cancer generally caused by exposure to asbestos fibers. Army and Navy personnel, construction workers, and even Hollywood actors exposed to asbestos have succumbed to mesothelioma. These professionals ended up paying the price and enduring the consequences of ignorance and negligence. However, mesothelioma victims who can show that someone else’s negligence caused their disease can get financial compensation to pay for their treatments.
Many people are unaware of how to claim compensation for mesothelioma from their employers. Here are some suggestions to help you learn more about mesothelioma lawsuits and how to file a claim:
The cause of mesothelioma:
Asbestos is a naturally occurring material that was once widely used. Due to its heat-resistant and fire-resistant properties, the construction industry and the armed forces frequently used it. Asbestos, however, has proven itself as a hazardous substance. When the fibers are disturbed, they become airborne. When inhaled, they can cause serious health problems. Health issues include lung cancer, mesothelioma, and asbestosis.
Individuals who were exposed and families of victims who died have the right to sue companies responsible for exposing them to the harmful substance. First, you have to hire an attorney and learn about your options for compensation. Several law firms specialize in mesothelioma lawsuits, and they can guide you on how to handle the case and what kind of evidence they would need.
Mesothelioma Lawsuits: What Are They?
In general, mesothelioma victims can file cases in one of two scenarios. In the first scenario, you develop the disease due to your employer’s negligence. In the second scenario, a member of your family dies due to asbestos exposure. Both mesothelioma cases have separate procedures, and compensation is based on the type of claim submitted.
The following are the two most common mesothelioma lawsuits:
Wrongful death lawsuit
Family members or a court-appointed estate agent can pursue wrongful death claims on behalf of the deceased. The purpose is to hold those involved accountable and collect some of the medical expenditures. Plus, gain some compensation for the emotional distress caused by the condition.
Mesothelioma patients regularly file personal injury cases, but they pass away before the legal experts resolve the matter. In some cases, the estate may decide to file a wrongful death lawsuit and seek compensation.
Do your investigation before hiring a lawyer because wrongful death claims are governed by different regulations and legislation in other states.
Personal injury lawsuit:
People diagnosed with mesothelioma may bring a personal injury lawsuit against the firms that exposed them to asbestos.
Many governments have implemented regulations prohibiting the use of asbestos, with only one percent or less permitted. If the employer fails to communicate the substance’s fatal consequences to employees, he is liable for wilful negligence. Victims are then entitled to initiate a lawsuit against them.
Compensation may help recipients seek medical care and cope with the disease. Payment is based on the victim’s age, lost wages, number of defendants and dependents, medical bills, and travel expenditures.
Steps to File a Mesothelioma Lawsuit
Mesothelioma cases are distinct from other court matters, and their procedures differ accordingly.
- Hire an attorney
The first step in building a good case is to choose a skilled lawyer with experience. The key is extensive study, which will help you filter down the lawyers. Examine their track record and meet with them. For mesothelioma cases, many lawyers offer a free consultation. So take advantage of that invitation and speak with a few lawyers before settling on one.
- Examine the Situation
Following the initial evidence gathering process, attorneys must meet with plaintiffs in detail. When dealing with lawyers, complainants must be completely honest and not leave any details out. Before legally taking the case to court, lawyers educate plaintiffs and prepare them for the case’s negotiations.
- Bring a lawsuit
The next step is to file a written complaint (also known as a pleading). Lawyers note down all the important details to build a strong case and file a mesothelioma lawsuit. Plaintiffs are typically not required to be physically present in court at this time. The opposite party is referred to as the defendant once the complaint has been filed in court.
- Discovery
The discovery or response phase of a mesothelioma case is the next stage. In mesothelioma lawsuits, as in other court situations, defendants refuse to admit their negligence. When a defendant claims that the issue is invalid, attorneys must respond with evidence. Because asbestos takes years to form, lawyers must establish solid grounds and provide proof to back up their allegations.
- Settlement or Trial
Generally, defendants offer a settlement in numerous situations. Most lawyers persuade their clients to accept an out-of-court settlement offer. The matter will go to trial if the plaintiffs disagree on the payment. If the plaintiffs win the lawsuit, the defendants must pay a hefty sum in compensation. In some circumstances, though, defendants pay nothing or a small amount.
What is the time limit for filing a lawsuit?
There is no set schedule for court cases. If you choose a good lawyer specializing in mesothelioma claims, you can win the case in less than a year. To prove that the employer deliberately exposed his clients to asbestos, lawyers must gather scraps of evidence. Evidence gathering and other legal procedures can take up to a year.
The majority of mesothelioma cases result in a settlement. Both sides agree on the terms and amount of the payment, and the plaintiff withdraws their claim.
Conclusion:
Many mesothelioma patients develop illnesses as a result of asbestos exposure. Because of its exceptional capabilities, asbestos was used by many constructions, ship-building, and automobile companies. People diagnosed with mesothelioma or whose loved ones have died due to it may file a lawsuit against responsible companies. Plaintiffs can receive restitution with the help of sufficient proof and qualified attorneys.