Mesothelioma Lawsuit assists mesothelioma victims and their dependents in requesting financial compensation or assistance from manufacturers who produce asbestos-contaminated products that contributed to their exposure.
Some of these mesothelioma lawsuits are settled out of court by awarding victims between $1 million and $1.4 million, though the amount you receive may vary depending on the type of settlement.
Mesothelioma victims always work with the best lawyers who can assist them in receiving just compensation.
Please ensure that you are eligible for a lawsuit before proceeding. In this article, we will discuss your eligibility and the steps to take before filing a lawsuit against any asbestos manufacturing companies.
Continue reading; we will undoubtedly provide relevant information or answers to your questions. So, before we get into eligibility, let’s talk about why you should file a mesothelioma lawsuit in the first place.
Reasons why you should file for a mesothelioma lawsuit.
Mesothelioma victims have different reasons for suing asbestos manufacturers. Some of these reasons include financial compensation for medical expenses, while others file lawsuits to hold manufacturers accountable for concealing and failing to take safety precautions to protect the lives of their employees or the general public.
Because asbestos is the definitive cause of mesothelioma cancer, companies or asbestos manufacturers is expected to raise general awareness or teach their workers safety precautions to take in order to protect themselves, rather than concealing it and exposing them to the risk of developing mesothelioma cancer in the future.
the benefit of filling for a mesothelioma lawsuit is to cover their treatment or medical needs: Mesothelioma is a fatal disease that necessitates proper treatment in a specialized hospital. Because many victims or their dependents cannot afford these high treatment costs, they will be forced to file a mesothelioma lawsuit in order to receive financial compensation to help pay off their hospital bills.
To hold manufacturers accountable: Exposing the asbestos manufacturers is another good reason to file a mesothelioma lawsuit. Because some of these manufacturers purposefully conceal and deny using asbestos in their manufacturing, it simply means that they do not care about the lives of others and are only concerned with their own profits.
To provide financial security for your dependents: This is another reason why mesothelioma victims file a mesothelioma lawsuit; in some cases, the victim may be the family breadwinner, on whom the defendants rely for support. Financial compensation can save your dependent from going hungry while caring for you during or after your treatment.
Who can file for a mesothelioma lawsuit?
A person who has been diagnosed with asbestos-related disease including mesothelioma cancer may be qualified to file for a mesothelioma lawsuit.
In addition, if the mesothelioma victim becomes very sick or died before receiving a response from the manufacturers or settlement, the victim’s dependants like their children, husband, wife, or other relatives may be qualified to file for a mesothelioma lawsuit on the victim’s behalf.
Mesothelioma lawsuits are helping victims to receive financial help or compensation from careless asbestos manufacturers to cover their medical and other treatment costs.
Note that, before filling for a mesothelioma lawsuit your results or test must confirm that your mesothelioma was caused by asbestos and also ensure that you are working with a qualified firm that has experience in mesothelioma cases as they can help you in pointing or finding out when you get and how you get exposed to asbestos causing mesothelioma cancer.
When is the right time to file for mesothelioma lawsuits?
The right time to file for a mesothelioma lawsuit is once you notice asbestos_ exposure because many things can limit you from doing so.
Time is one of the limitations because some states have a time_ frame on when to file a claim.
That is why you should work with a firm that is an expert to help you check the claim deadline in your state. Filing for a mesothelioma lawsuit on time can also help you in receiving your compensation on time.
Types of Mesothelioma Lawsuit
There are various types of mesothelioma lawsuits that can help in securing financial compensation for you and your dependant.
Personal injury mesothelioma lawsuits: This type of mesothelioma lawsuit involves when the victim that was diagnosed with mesothelioma is still alive. The personal injury mesothelioma financial compensation depends on the victim’s Age, travel cost, the total number of dependants, cost of treatment, the victim lost wages, the total number of defendants, and the stage of pain and suffering.
Wrongful death mesothelioma lawsuit: A victim-dependant or an estate representative may be qualified to file for a wrongful death mesothelioma lawsuit when the victim is no more.
The court normally appoints a family member like a spouse or child to represent the death victim in court. A wrongful death lawsuit is not a new thing, to get your compensation award successfully you need a professional firm to help you all around because laws concerning wrongful death lawsuits differ in every state.
Class-Action/Multidistrict litigation: A class-action lawsuit involves two or more mesothelioma or other asbestos-related diseases victims teaming up together to file for a lawsuit. Choosing a Class- action lawsuit and Multidistrict litigation to file for a mesothelioma lawsuit may not give you deserving financial compensation that’s why most mesothelioma attorneys do not consider this as an option.
Multidistrict litigation permits one judge to attend to all related cases in the federal court. With this type of lawsuit [class-action and multidistrict litigation], Courts can easily settle all cases at the same time. However, the plaintiffs will receive a smaller compensation than that of personal injury/ wrongful death lawsuit compensation. Because of this, many mesothelioma victims do not go for this type of lawsuit. in fact, is hardly ever filed. Please reach out to professional mesothelioma to direct on the best lawsuit for your case.
How to file for a mesothelioma lawsuit
Although there are many types of mesothelioma lawsuits, each Type is different. However, the legal procedure is the same.
Some of these procedures include Case evaluation, filing for a mesothelioma lawsuit, Defendant feedback, Decovering stage, and Settlement vs trial.
Case Evaluation: in this first step, your lawyer will start by reviewing the past events or stories surrounding your asbestos exposure. This meeting with you will help them to find out How, where, and when you were exposed to asbestos. Your lawyers will also involve medical professionals and other assistance staff that can help them in investigating your cases.
After case evaluation, your lawyers will tell you if you are qualified to file for a mesothelioma lawsuit against your defendants. If you are eligible for filing a claim, your legal firms will also instruct you on the type of mesothelioma lawsuit to choose. They will as well tell you the right time you can file for a mesothelioma lawsuit.
Once you file a lawsuit against the asbestos manufacturers that are responsible for your exposure. Your defendant is the manufactures so they are excepted to accept or reject your compensation proposal within 30 days.
If your compensation proposal was accepted by your defendants your lawyer and their lawyer will reach an agreement of settlement but if otherwise, your legal team must provide stronger evidence to win the case.
Some of the evidence indeed for your legal team to win the case includes
- Your mesothelioma medical test result for confirmation
- Witness statement
- Pictures, and records of asbestos-contaminated products that you used
- Previous job history or Word document
- Military records [if needed]
If an agreement is reached, your legal team and your defendant’s lawyers will meet in trials by presenting their cases to allow a jury or judge to decide or announce the winner.
2023 update on Mesothelioma Compensation Amount
According to the 2021 report, the average financial compensation in asbestos cases starting from January to December was about $8.7 million plus a median award of $4.8 million.
Research revealed that the defendants lost up to 66 percent out of 100 mesothelioma lawsuit cases to the plaintiff
In 3/4 of the year 2022, The judge awarded the plaintiff with about $177 million for damages, nearly$18 a million as the average award and $14 million for a median award.
Proving asbestos exposure in a mesothelioma lawsuit
If you or a loved one has been diagnosed with mesothelioma and feel that asbestos exposure was the cause, you may be able to sue the company that exposed you to asbestos. However, confirming asbestos exposure can be difficult because it sometimes happened decades before the diagnosis.
To establish asbestos exposure in a mesothelioma claim, you must offer proof that you worked or resided in an environment that contained asbestos. Employment records, statements from coworkers or family members, and documentation of any asbestos-containing goods used on the job or at home can all be presented as evidence.
It is critical to engage with an expert mesothelioma lawyer who can assist you in gathering the required evidence and building a solid case. An attorney who specializes in mesothelioma cases will have the skills and resources to uncover and hold accountable the firms responsible for your exposure.
Statute of limitations for mesothelioma lawsuits
A statute of limitations, or deadline for filing a claim, applies to mesothelioma litigation. The statute of limitations varies by state, but it usually spans from one to five years from the date of diagnosis or the date of death of the victim.
It is critical to consult with an attorney as soon as possible after being diagnosed with mesothelioma to ensure that your case is filed within the statute of limitations. If you file a lawsuit after the statute of limitations has passed, your case may be dismissed.
Types of compensation available in a mesothelioma lawsuit
If you have been diagnosed with mesothelioma and feel it was caused by asbestos exposure, you may be eligible for compensation through a mesothelioma lawsuit. A mesothelioma lawsuit can result in a variety of sorts of compensation, including:
- Medical expenses: Compensation for the costs of mesothelioma-related medical care, such as surgery, chemotherapy, and radiation therapy.
- Compensation for lost wages as a result of mesothelioma diagnosis and treatment.
- Compensation for physical and mental pain and suffering brought on by the mesothelioma diagnosis.
- Wrongful death: If a mesothelioma patient dies, surviving family members may be entitled to compensation for their losses.
Choosing the right mesothelioma attorney
Choosing the best mesothelioma lawyer is a critical step in launching a successful case. When choosing an attorney, evaluate their experience, track record, and reputation in dealing with mesothelioma cases.
A competent mesothelioma lawyer will be able to identify the firms responsible for your exposure and create a compelling case on your behalf. They will also have a network of medical specialists that can testify and help you with your case.
Settlement vs. trial in mesothelioma lawsuits
When initiating a mesothelioma claim, you may be able to settle out of court or go to trial. A case is settled when you and the defendants agree on a certain amount of compensation, but a case is tried when a judge or jury decides on the compensation amount.
Both settlement and trial have advantages and disadvantages, and it is critical to examine your alternatives with an experienced mesothelioma attorney. Settlements may result in a faster settlement and save the stress and uncertainty of a trial, but they may result in a smaller compensation sum. Trials might result in a greater compensation amount, but they can also be time-consuming and unpredictable.
Conclusion
Mesothelioma lawsuits are legal, and you can file one against the asbestos manufacturers who were responsible for your exposure. Obtaining the services of a professional attorney with up to 20 years of experience will assist you in receiving financial compensation. Not only that, but they will walk you through every step of the process while you focus on your treatment. Please contact a legal team right away to make things easier for you.
