In the constant pursuit of industrial progress, the world has experienced unlimited breakthroughs. Sadly, these advancements have also left behind a path of looming risks, with mesothelioma being one of them.
Mesothelioma, a rare and aggressive disease, manifests in the lining that covers the organs. Principally caused by asbestos exposure, this illness, more often than not, presents numerous challenges for patients and their family members. It requires highly-expensive treatments and significant travel and care expenses which don’t fall under health insurance. In addition, the news of being diagnosed with such an illness takes an enormous toll on the patient’s mental wellness.
If you or your family member has fallen victim to such a disease, worry not since mesothelioma lawsuits are designed to hold the responsible party liable for their negligent actions. Such cases invariably stem from asbestos exposure brought on by corporate carelessness. According to an industry report, nearly 3,550 Americans filed asbestos lawsuits in 2022.
While you may be hesitant to file a lawsuit since the signs of mesothelioma take decades to show up after contacting asbestos. Nevertheless, know that you can seek legal resources and get financial compensation. Not only this but understanding how to file a claim can ensure financial security for you and your family members in the long run.
For this reason, we’ve put together this handy guide that sheds light on types of mesothelioma claims, the essential steps for filing a lawsuit, and other crucial aspects.
Types of Mesothelioma Lawsuits
There are different types of lawsuits to consider contingent upon the particular case. Typically, people affected by mesothelioma file the following types of claims:
- Asbestos Trust Fund Claim
Most asbestos-containing product manufacturers couldn’t handle the increasing number of cases brought against them. And to avoid accountability, these companies announced bankruptcy. However, courts ordered these manufacturers to set up an asbestos trust fund to financially support existing and future mesothelioma victims.
Today, an estimated amount of $30 billion is available in these trust funds. So, if you have had considerable asbestos exposure in the past and, as a result, developed mesothelioma. In that case, you might be eligible to file this claim. But it’s advisable to seek legal assistance to determine if the company responsible for asbestos exposure has a trust fund.
- Personal Injury Lawsuit
If you or your loved one has suffered from mesothelioma, you may file a personal injury claim to win rightful compensation. However, you must gather sufficient evidence to prove that an asbestos-containing product company caused this disease.
But if you can’t track down which company was responsible for asbestos exposure, don’t fret. You can always engage the services of skilled lawyers since they possess the expertise and resources to build strong cases. They have years of experience determining when and where asbestos exposure occurred. As such, they ensure to include a formal diagnosis report attributing your illness to asbestos exposure and your work history.
In response, a jury may grant monetary damages for losses, including lost wages, emotional suffering, and treatment expenses. And in some cases, the jury has the authority to award punitive damages, also called exemplary damages, imposed to punish and deter future misconduct.
- Wrongful Death Lawsuit
If a family member has lost their life due to significant asbestos exposure, in that case, you might be eligible to pursue a wrongful death lawsuit. The main objective of these lawsuits is to hold the asbestos companies liable for the loved one’s death.
Also, if the mesothelioma victim passes away before the case gets resolved, the estate has the authority to continue personal injury litigation. Regrettably, this happens often since patients get a diagnosis report only when mesothelioma has advanced to its last stages.
It’s also important to note that laws about wrongful death lawsuits may vary from one state to another. Therefore, it’s in your best interests to work with an experienced attorney. Typically, the payout received from these lawsuits covers past medical expenses, loss of companionship, loss of income, emotional damages, and funeral costs.
Timeline of A Mesothelioma Lawsuit
Although the nature of each case is different, the majority of mesothelioma lawsuits follow these steps:
- Case Evaluation and Preparation
The first and foremost step is to contact a highly-skilled and experienced lawyer and schedule a free consultation. The mesothelioma lawyer will evaluate your case and determine whether an asbestos company was responsible for causing the illness. If your case qualifies for the claim, your intended attorney will begin gathering information and evidence to build a solid case.
- File the Mesothelioma Claim
Once your lawyer and their team of medical experts and paralegals have assessed medical records and employment histories, they will send a letter to the asbestos-containing product company, demanding them to pay compensation. However, if the company refuses to pay voluntarily, your lawyer will officially begin the mesothelioma lawsuit and file the claim.
- The Discovery Stage
Once your lawyer has filed the mesothelioma claim, the legal case will enter into the discovery phase. During this period, both parties will perform research, conduct interviews, and hold depositions to collect more information about the case. It’s also possible that the defendant, i.e., the asbestos company, may challenge the lawsuit with procedural motions and counterclaims to prove their innocence.
- Case Settlement or Verdict
The end of a mesothelioma lawsuit is either a settlement or trial. If the claimant and defendant, i.e., you and the asbestos company, agree on an out-of-court settlement offer, the case ends here. However, the case goes to trial if both parties fail to settle.
What’s the Statute of Limitations for Mesothelioma Lawsuits?
Every state has its time frame to take legal action and file mesothelioma lawsuits. For instance, the time for filing a personal injury claim starts when the patient receives a diagnosis. In contrast, in a wrongful death lawsuit, the clock begins ticking when the patient dies due to mesothelioma. Generally, the statute of limitations ranges from one to six years.
However, it’s relevant to note that the statute of limitations may vary for every state. So, it’s always best to partner with a mesothelioma attorney to determine the statute of limitations for your area. These professionals can help maneuver the intricacies of the lawsuit and ensure to file the claim on time.
Conclusion
Companies manufacturing asbestos-related products were aware they were putting their workers at risk. Yet, they continued producing and marketing such products without alerting people about health concerns. So, if you or your loved ones have developed mesothelioma due to these products, you must take legal action and hold such companies accountable. While it’s true that initiating legal actions and filing a claim is a challenging journey since mesothelioma cases often require an understanding of legal practices and intricacies of asbestos exposure. Nonetheless, by enlisting the help of an experienced lawyer, you can gain compensation to pay mounting medical bills. Not only this, but you can also receive justice and keep yourself and your family members financially secure.
