Here’s Why You Must File Mesothelioma Cancer Lawsuit If Your Health Is Put At Risk
Why You Must File Mesothelioma Cancer Lawsuit In The Eventuality Of An Asbestos Related Injury
Firstly, you have to understand that Mesothelioma is an almost entirely preventable cancer. You have to be wary of asbestos products in the homes, offices, schools and quite frankly, any place capable of having a roof. Truth is, many companies don’t care about its dangers and are not even interested in warning their employees while some home owners are ignorant about the dangers of asbestos. If you breathe in this product, then you could be at risk. The fibres can cause asbestosis, lung cancer and mesothelioma. It gets worse if you are a smoker. However, if you get hit by any of these, you can file a mesothelioma cancer lawsuit so as to help those diagnosed with pleural mesothelioma, get compensated for asbestos exposure related injuries.
Mind you, there are lawsuits such as Personal Injury Claims and Wrongful Death Claims which must be properly looked into before you file a mesothelioma cancer lawsuit.
Let us look at the two types of legal claims you may be able to file.
Personal Injury Claims
You can file a personal injury lawsuit against companies responsible for exposing you to asbestos if diagnosed with mesothelioma. Usually, asbestos liability is based on companies’ failure to warn employees and consumers about the dangers linked to inhaling the toxic mineral. As stated earlier, this establishment are usually aware of the dangers of asbestos fibres but intentionally hide it away from employees.
Wrongful Death Claims
If someone dies as a result of being exposed to asbestos, then the estate of the deceased mesothelioma patient can file a personal injury lawsuit against the companies responsible. They can seek to be compensated for medical bills, funeral expenses and lost income. Also, if a mesothelioma patient files a personal injury lawsuit but passes away before it’s resolved, the estate may continue the claim.
Do you really want to know why you should file a mesothelioma cancer lawsuit?
Quite frankly, the reasons given above is more than enough reasons why you should. If you or a loved one is diagnosed for mesothelioma cancer, you naturally would be focused on health matters. You need to contact a lawyer immediately if diagnosed with an asbestos-related disease. This is because mesothelioma litigation could make your family’s financial security stable because you will be faced with big challenges due to the expensive nature of cancer-related medical bills. It could get worse if there’s no longer a source of income. This is why you must discuss with a qualified mesothelioma attorney who will help access whether or not you stand a good chance of pursuing a lawsuit. You also need to understand that this process may not necessarily mean going to trial as they are usually settled out of court.
Need Help Filing A Mesothelioma Cancer Lawsuit?
The first thing you need to do is to successfully go through with this process is finding an attorney experienced enough in mesothelioma litigation. This is because of the complex nature of of asbestos exposure lawsuits. The mesothelioma patient’s individual circumstances and history should be considered for an effective claim. Make sure you get the jurisdiction to file in right and comply with the regulations there. All these will be brought to your attention by a mesothelioma lawyer who will explain the process according to your situation. This will mean looking into whether it’s a personal injury lawsuit, a wrongful death lawsuit or a claim against an asbestos trust.
According to asbestos.com , these are notable asbestos lawsuit verdicts and mesothelioma lawsuit process
$250 million awarded to a retired steel worker in 2003 over exposure to asbestos insulation
$75 million awarded to the wife of a race car driver in 2017 over exposure to asbestos-containing engine gaskets
$48 million awarded to the family of a construction worker in 2012 over exposure to asbestos in building materials
$29.4 million awarded in a talc lawsuit to a long-time talcum powder user in 2019 over exposure to asbestos-contamination
$18.6 million awarded to the family of a factory worker in 2014 over asbestos exposure at a tire plant
$18 million awarded to a barber’s son in 2016 over exposure to asbestos-contaminated talcum powder
Mesothelioma Lawsuit Process
While everyone’s case is different, there are certain steps that apply to nearly everyone who files an asbestos-related lawsuit. Your attorney will handle each of these steps and explain the process along the way.
For the most part, mesothelioma litigation follows these steps:
Your attorney will gather information about your history of asbestos exposure to determine who is responsible for your condition and where to file your lawsuit. You may be eligible to file your lawsuit in more than one jurisdiction.
Your lawyer will prepare and file a written complaint with a court to start the legal process.
Because many years have likely passed since your asbestos exposure, the responsible company could now be a different company or be bankrupt. It may take some time to locate and serve the appropriate people with your complaint. Your attorney will oversee this process.
Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time, usually 30 days, to respond.
Defendants rarely admit fault. They most likely will deny your claims and argue your complaint is not valid or someone else is responsible for your exposure to asbestos.
Don’t worry — this is normal. Your attorney will reply to each defendant’s responses.
Lawyers on both sides will gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information may become evidence used at trial.
You may need to participate in a videotaped deposition and answer questions under oath from the defendants’ lawyers. This process may take a few hours or several days, but it often may be performed from the comfort of your own home and under the guidance of your attorney.
Discovery may take several months, but if you are very sick, your attorney may ask the court to speed the process along before your condition worsens.
Before a trial starts, defendants may offer to resolve the case by offering you money. If you decline a settlement offer, it’s possible the defendant will make another offer. Your attorney will negotiate on your behalf.
Mesothelioma settlements depend on multiple factors and can influence your decision whether to go to trial.
Settlements and trial verdicts vary depending on the case. While verdicts typically produce more compensation, settlements may award claimants quicker. This can make it easier to pay for cancer treatments and other bills.
Going to trial is rare. Even if a case does go to court, you may not be required to appear. The trial process varies depending on where you file a claim. Results depend on your history of asbestos exposure, the state where the lawsuit is filed, your medical history and other factors.
If you win and the defendant does not appeal, you will usually start receiving payments a few months after the verdict.
If you win the trial, defendants may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days from the time the verdict is given. This will delay any monetary award, but defendants will need to post “bond” for the amount awarded while the appeal proceeds.
If the defendants lose their appeal, you will start receiving payments. If the appeal is successful, defendants may end up paying a smaller amount or nothing at all.
So, whatever your situation is, make sure you contact an experienced attorney who will be able to point you towards the right direction.
Meanwhile, you can also use our comments section if you want more clarification. We will be happy to assist you.
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File Mesothelioma Cancer Lawsuit To Help Finance You Medical Bills As A Result Of Asbestos Related Injuries
Chike Ezegbu6274 Posts
Chike Ezegbu is a blogger with an Information Technology background. He is a prolific writer and is fearless in his approach to dishing out information while maintaining high professionalism. He is regarded as both a lover and a fighter.