Mesothelioma Lawsuits and Claims: Understanding The Concept

Mesothelioma Lawsuit

The cost of treating mesothelioma can easily add up to hundreds of thousands of dollars or even more depending on various factors such as the patient’s medical requirements and length of survival. When diagnosed at a later stage, treatment can even get more expensive. Many mesothelioma patients have as a result declared bankruptcy and are therefore unable to pay the accumulated hospital bills. What’s worse is that some of the companies/corporations refuse to take responsibility even if they are well aware of possible asbestos exposure.

As a mesothelioma victim, getting legal help and advice is a very important step towards protecting your legal rights. You have the right to hold the company fully accountable as you are entitled to a full compensation. Furthermore, filing a lawsuit against the company responsible for your asbestos exposure may be the only way to recover your medical expenses, lost income, and also to ensure that your family isn’t ridden with debt for years to come.

In this article, we are going to discuss mesothelioma legal help in details.

Mesothelioma Lawsuit

As stated earlier, filing a lawsuit against the company responsible for your asbestos exposure will help you receive maximum compensation. You will need to hire an experienced and reputable lawyer whose specializes in mesothelioma lawsuits to increase your chances of winning the case.

The majority of mesothelioma legal cases are settled out of court without ever going to trial.

There are two different types of mesothelioma lawsuits;

  • Personal Injury
  • Wrongful Death

In personal injury, you can file a personal injury lawsuit upon receiving a mesothelioma diagnosis or any other asbestos-related disease.

You should know that because Mesothelioma takes years to manifest itself, determining the exact time the exposure occurred can be hard. Therefore, it’s strongly advised that you contact a mesothelioma lawsuit lawyer immediately after the diagnosis. This will ensure that you do not lose your legal rights to compensation as a result of expired statutes of limitations.

If a member of a family passes away as a result of mesothelioma and before filing a lawsuit, the remaining members of the family have the right to file a lawsuit on his or her behalf for wrongful death. In such a case, it’s important to contact a lawyer as soon as possible so as to get the process started. Just like with personal injury, wrongful death claims also have a statute of limitations. However, the statutes of limitations are shorter compared to those of personal injury.

Just like other lawsuits, the length of time a mesothelioma lawsuit will take will depend on several factors such as the number of plaintiffs filing, the number of defendants named in the complaint, the number and type of pretrial motions filed, including others.

That being said, your chances of getting compensation will largely depend on the kind of lawyer you select. Be sure to choose one who is experienced and has a rich history of success at trials and settlements.

Mesothelioma Compensation

Pursuing a mesothelioma lawsuit is an important step in ensuring that you receive the maximum amount of compensation entitled to you depending on your individual claims. With the assistance of a professional attorney, the process should be less complicated. Having a mesothelioma attorney by your side will also increase your chances of winning the lawsuit.

Compensation from an asbestos lawsuit usually comes after a settlement is reached or you win a trial verdict — and that could take years.

Now there are several types of compensations available for mesothelioma claims. Let’s discuss each one of them below;

– Settlements: Most mesothelioma lawsuits often result in legal settlements. In order to receive a legal settlement, it’s first important to file a claim against the responsible company for either personal injury or wrongful death. Most companies prefer going into legal settlements instead of risking a full trial which often results in them paying larger amounts.

In that case, it’s important that you hire a team of highly experienced and qualified lawyers to help you successfully navigate the legal settlement process so as to receive maximum compensation.

– Jury Awards: The jury may determine the total amount of compensation to be paid to the victim of mesothelioma if the defendant is found liable and if no settlement is reached.

The total amount awarded to the injured party usually includes the actual expenses as well as punitive damages. Many companies often consider settling the compensation as waiting for the verdict if often risky. A knowledgeable and experienced attorney will ensure that you get the biggest compensation in a jury award settlement.

– Asbestos Bankruptcy Trust Funds: In some cases, companies that once manufactured, sold, or used asbestos-containing materials and products may have closed shop, merged with other companies, or may have been restructured as a result of bankruptcy. Since these companies no longer exist, many asbestos-exposure victims often find themselves worrying about not being compensated. If you happen to be in a similar situation, there is hope.

It’s very possible to receive compensation even if the responsible company no longer exists. It just happens that most companies have asbestos bankruptcy trust funds where any person who files a lawsuit and meets the necessary criteria may receive compensation from these funds, even they closed shop years ago.

– Compensation for Veterans: Asbestos is commonly used in warships and other naval vessels where the army personnel becomes exposed to this dangerous material. Due to prolonged exposure, retired military personnel are liable for compensation as a result of mesothelioma and other asbestos-related complications. In fact, mesothelioma is designated as one of the chronic illness that qualifies for disability benefits by the United States Department of Veterans.

Mesothelioma Claims

If you or your loved one has received a mesothelioma diagnosis, filing a mesothelioma claim is an important step towards obtaining the right amount of remuneration. This compensation will cover all the expenses, including medical costs and lost income due to the disease.

In the majority of cases, the individual who is filing the claim seeks monetary compensation for damages that arise after a diagnosis of an asbestos-related cancer.

In this part, we are going to take a look at the types of claims that can be filed.

There are two types of mesothelioma claims;

  • Personal Injury Claims
  • Wrongful Death Claims

If you or your loved one has been recently diagnosed with mesothelioma, you can file a personal injury claim. In this type of claim, you are entitled to receive compensation for medical expenses, lost wages/income, and pain and suffering experienced as a result of the disease.

In wrongful death claim, the family members of a mesothelioma victim who just passed away can file a wrongful death claim. The family members may receive compensation for loss of expected income, medical expenses incurred as well as funeral expenses.

There are various types of compensations for mesothelioma claims. They include;

  • Asbestos Bankruptcy Trust Funds
  • Claims against Corporations
  • Veteran’s Benefits
  • Workers’ Compensation

Mesothelioma Statute of Limitations

As with many other lawsuits, a mesothelioma lawsuit has a time-frame. This means that if you take too long to file a complaint, you could lose all your rights to compensation. In the case of mesothelioma which generally takes a long time to manifest itself, the set rules can become a little bit complicated.

In general, mesothelioma cases must be filed within 2 to 3 years from diagnosis or the death of the patient, but that can vary by state.

It’s important to know that each state has its own legal deadline. Therefore, it’s important to learn about them before filing a complaint.

Types of Statutes of Limitations
Personal Injury Statutes of Limitation

This type of statute only applies to people who have been recently diagnosed with mesothelioma. Once the diagnosis is made, the clock starts ticking. The limit can sometimes be as short as one year as with the states of California and Tennessee. It’s important to seek legal advice and assistance to ensure that you file the complaint before the deadline expires.

Wrongful Death Statutes of Limitations

For wrongful death statute, the clock starts ticking immediately after the death of a mesothelioma victim. It’s therefore important for the immediate family members to file a lawsuit almost immediately in order to avoid losing the rights to compensation.

Most states have the same statutory limit for wrongful death, although states like New York and Florida have much shorter ones.

Factors Affecting State’s Statute of Limitations

Place of residence (current and previous), the location of asbestos exposure, and the precise location of the responsible company can all be used to determine which state’s statute of limitations applies. In this case, a highly experienced lawyer will offer the right guidance regarding the statute of limitations in your state.

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