Mesothelioma or asbestos lawsuits can provide much-required financial support to people affected by asbestos exposure and their loved ones.
In almost all cases, mesothelioma is a fatal illness; the families and loved ones of the victims are left with no financial support if the breadwinner in the family passes away. In this situation, compensation received through filing a mesothelioma lawsuit becomes a major financial support.
Filling a mesothelioma lawsuit is less stressful and complicated than most people think. Therefore, everyone eligible for legal action against negligent companies must proceed with it.
Knowing the details of a mesothelioma lawsuit, including its types, filling procedure, and so on, is the first step towards seeking support, closure, and comfort for yourself and your loved ones.
This article mentions everything you need to know about mesothelioma lawsuits.
Why should you file a mesothelioma lawsuit?
Your life after a mesothelioma diagnosis becomes a series of struggles. There is stress about your treatment options and financial instability due to probable job loss, as well as about the future of your family. In this scenario, filing a lawsuit might look like an unnecessary stressor. But the reality is that those responsible for your asbestos exposure must be brought to justice and made to pay for their negligence.
Another reason you should file a mesothelioma lawsuit is that the American courts have sympathized with the victims of asbestos exposure against callous cooperate greed. They even allow you to file multiple lawsuits if several companies are responsible for your mesothelioma diagnosis. In 2020, over 3,600 cases were filed by Americans exposed to asbestos.
Fortunately, filling a mesothelioma claim requires little work from you and your loved ones. Experienced asbestos law firms with resources and expertise will handle your case from the start till you get the compensation through a settlement.
Mesothelioma lawsuit types
The major types of mesothelioma or asbestos cases include the following
- Personal injury claim
- Wrongful death claim
- Asbestos trust funds claim
Personal injury claim
A personal injury claim compensates the victim for medical expenses incurred on their treatment, loss of income, pain, and suffering, among other things. Most mesothelioma personal injury claims conclude out of court through settlements.
Wrongful death claim
When a victim of asbestos exposure dies due to mesothelioma or other asbestos-related illnesses, the victim’s family and loved ones can file a wrongful death claim. In this situation, the settlement amount of the court verdict comprises expenses not included in the personal injury claim, like funeral costs.
Trust fund claims
The court directed companies using asbestos to set aside funds to pay victims and their families after their mesothelioma diagnosis.
Filling asbestos trust funds claims benefits the victim by providing them with additional compensation beyond litigating the culprit companies directly. Therefore, an asbestos trust funds claim is crucial for victims wanting maximum compensation for their financial and emotional losses.
An experienced mesothelioma lawyer can check if the company responsible for your mesothelioma diagnosis has established a trust fund and start the case-filling procedure.
Step-by-step process of filling a mesothelioma lawsuit
Courts receive over 1,000 mesothelioma claims annually, and several of them are lawsuits requiring either an out-of-court settlement or obtaining a favorable verdict in the court.
Below is the step-by-step procedure for filling a mesothelioma lawsuit
Hire a mesothelioma attorney
Filing a lawsuit should start with hiring a credible and qualified mesothelioma lawyer. Not all attorneys have experience handling mesothelioma claims, even if they advertise themselves as professionals. Therefore, it is crucial to spend time considering various options before opting for one.
An experienced attorney will have the necessary expertise and resources to navigate the complexities of your mesothelioma lawsuit, ensuring you receive a favorable outcome.
You can opt for an attorney working alone or with a firm; however, a lawyer associated with a large firm is generally more recommended.
Confirm your eligibility for filling a mesothelioma case
Your attorney will assess your eligibility for filing a mesothelioma lawsuit by examining the following:
- History of asbestos exposure
- Medical records proving your mesothelioma diagnosis
- Testimony to establish your asbestos exposure and cancer diagnosis
- Financial documents to prove your financial trials
Based on this information, they will confirm your eligibility to file the lawsuit.
File the lawsuit
Once your eligibility for the claim is confirmed, your attorney will handle all the legal requirements to file a lawsuit on your behalf. You will become the plaintiff, and the asbestos companies or individuals you are suing become the defendants.
Gather information and evidence
This stage is called the discovery period, in which both parties find evidence, conduct research, and take recorded and under oath depositions to prove their stance. The recorded depositions allow the victim to testify in court without appearing for various medical reasons. This is an important stage that can make or break your case.
Settlement or court verdict
Lawsuits are often lengthy and stressful. Fortunately, most mesothelioma lawsuits conclude with out-of-court settlements, helping both parties. The settlement prevents asbestos companies from facing humiliation in court, while asbestos victims and their families can receive compensation in less time. However, in rare situations, both parties fail to agree on a settlement amount, resulting in a court trial.
Court trials are not only lengthy and stressful, but they are risky, too. If the plaintiff fails to justify their claim, they may not get any payment. Therefore, most attorneys try to resolve the case through a settlement.
Mesothelioma cases are complicated; therefore, you must understand the procedure and requirements before proceeding. There are strict time limits within which you can file the lawsuit after your diagnosis. A mesothelioma attorney can help you file the case correctly and within the time limit. In addition, with their years of experience handling mesothelioma cases and researching asbestos companies and products, they can help you identify the responsible companies.
Who is responsible for paying mesothelioma compensation?
Several parties can be responsible for paying compensation to asbestos-exposure victims, such as the following:
- Responsible companies
- Insurance companies
- Asbestos trust funds
- Department of Veterans Affairs
Depending on how you were exposed to asbestos, the type of mesothelioma lawsuit you filed, and the financial status of the responsible companies, you may be eligible to receive compensation from several sources.
Each mesothelioma lawsuit can be very different; therefore, you might not understand their nitty-gritty without the help of an experienced attorney. An attorney will help you understand various lawsuit options, determine your eligibility, and initiate the legal proceedings. While you may have nothing to do with filling the case in court, understanding everything about the lawsuit allows you to make responsible and informed decisions throughout the legal process.