Home » Mesothelioma Lawsuit: All You Need to Know About it

Mesothelioma Lawsuit: All You Need to Know About it

Mesothelioma lawsuits can help the victims and the families pursue financial compensation from negligent manufacturers of asbestos-containing products. Most Mesothelioma cases have a history of settling out of the court for $1 million. It may be challenging to get a settlement for “Mesothelioma lawsuits” if you don’t seek help from professionals. When you pick an experienced and professional attorney, you can get fair compensation for the victims. Here’s all you need to know about Mesothelioma lawsuits. 

Who Can File a Mesothelioma Lawsuit?

Anyone who’s ever been diagnosed with Mesothelioma can file a lawsuit against the manufacturers. After filing a lawsuit, there’s a huge chance that you can get compensation through Mesothelioma lawsuits.

Mesothelioma lawsuits can help the victims secure valuable financial compensation from manufacturers who were negligent. This compensation can help the victims pay for treatments and other expenses. Your lawsuit can only get compensation if you can prove your Mesothelioma was caused by asbestos exposure. 

Apart from the victim, a spouse, adult child, or another estate representative may be able to file a lawsuit on behalf of the Victim. This can happen under the condition that the victim is too ill to file the Mesothelioma lawsuit themselves or if they’ve passed away from cancer.

Consulting with an experienced Mesothelioma attorney is the best way you can ensure eligibility to file a claim. To do so, you need to get in touch with a Mesothelioma litigation attorney to see if you qualify for the lawsuit. 

Types of Mesothelioma Lawsuits

There are multiple types of Mesothelioma lawsuits that can help you potentially get financial compensation. Your attorney will have a better understanding of which type of Mesothelioma lawsuit to file based on your situation. 

1. Mesothelioma Personal Injury Lawsuit

Mesothelioma personal injury lawsuits are filed when the individual diagnosed with Mesothelioma is still alive. Personal injury compensation amounts are based on several factors, including:

  • Age of the victim
  • Cost of medical treatments
  • Loss of wages if the victim can’t work anymore
  • Number of defendants named in a lawsuit
  • Number of dependents (such as spouse and children)
  • Pain and suffering
  • Level of travel expenses

Any experienced Mesothelioma lawyer can help you determine the possible value of your personal injury. 

2. Mesothelioma Wrongful Death Lawsuit

Representatives of your loved ones who passed away due to Mesothelioma may be able to file for a Mesothelioma lawsuit on their behalf. The representative is often a family member such as a spouse or adult child, the representative can be anyone who’s appointed by the court. 

Further, the representative can typically continue a personal injury lawsuit if the Mesothelioma victim passes away before the conclusion of the case. Specific laws regarding these lawsuits differ state by state, so it’s better to seek help from a lawyer. 

3. Mesothelioma Class-Action Lawsuits and Multidistrict Litigation

Whenever you seek advice from a Mesothelioma lawyer, they don’t consider class-action lawsuits or multidistrict litigation (MDL) and idea choice for individual victims looking for fair compensation.

In a class-action lawsuit, several victims with asbestos-related diseases are able to file a lawsuit together. If the case is successful, all of them receive the same amount of compensation, and an MDL allows for one appointed judge to hear all similar cases filed in a federal court. 

Reasons to File an Asbestos Lawsuit

Mesothelioma is a preventable disease with only one proven cause, which is asbestos exposure. Manufacturers who are negligent and create asbestos-containing products hide the dangers of asbestos from the public to make a profit.

There are several reasons for filing a Mesothelioma lawsuit, here are all of them:

1. Cover Your Medical Expenses

Mesothelioma has to be cured with aggressive treatments from just specialized doctors. On average, most patients owe more than $400,000 as medical bills during the first year of their treatment. Mesothelioma lawsuit compensation can help in lessening the financial strain of the treatment. Successful Mesothelioma suits award families the compensation of an average of $1 million or more. 

2. Hold Manufacturers Accountable 

Another reason to file for a “Mesothelioma lawsuit” is that it’ll help prevent potential damage for other people who may be using products from the same manufacturer. The only known cause of Mesothelioma is the extreme exposure to asbestos. Manufacturers who are negligent in their products expose millions of users to danger. 

3. Provide Financial Security for Your Family

Compensation from a Mesothelioma lawsuit can ensure a stable future for your loved ones. Even if you or your family members have to take time off of work while you receive treatment, the compensation you receive will help in covering the lost wages. 

Steps to File a Mesothelioma Lawsuit

As every case is different, and the details are different, most Mesothelioma lawsuits follow a similar basic legal procedure.

1. Case Evaluation

A legal team will conduct a case review to figure out the circumstances of your exposure to asbestos. This includes gathering information such as when, where, and how the victim was exposed to asbestos and which manufacturers may be responsible.

2. Filing the Lawsuit

Once you find a Mesothelioma lawyer, your lawyer will file your Mesothelioma claim after they evaluate the details of your case. The legal team you hire will determine the court system that’s ideal to file the lawsuit. Some courts are more favorable to Mesothelioma lawsuits than others. 

3. Defendant Response

The defendants will be notified once your legal time files your lawsuit and it is processed by the court. Defendants will generally have 30 days or less to agree or refuse your request for compensation. If they refuse, both legal teams will gather evidence to support their cases. 

4. Discovery Phase

Your legal team will collect documents, photos, and historical records to make sure that the defendants were negligent in the process which eventually led to asbestos exposure. 

Common evidence gathered during the discovery phase can include:

  • Documentation of the asbestos-containing products that you used
  • Employment history and related documents
  • Medical records that confirm the Mesothelioma diagnosis by the doctors
  • Military service records, if applicable
  • Witness statements

5. Settlement vs Trial

Your lawyer and the defendant’s lawyer will work to see if they can come up with an out-of-court settlement. Settlement agreements can be reached throughout any stage of the Mesothelioma lawsuit but most of the time it occurs shortly after a trial. 

A jury may get you more compensation in the lawsuit, but defendants’ lawyers often prepare to pursue a settlement. Trials can be lengthy and expensive, and successful verdicts can also be appealed by the defendants. 

SettlementsTrials
Low RiskHigher risks
Your lawyer does all the work for youYou will have to appear in court
No added costs for a trial or an appealAdditional legal fees

When Is The Right Time to File a Mesothelioma Lawsuit?

Time is of the essence. The sooner you file a lawsuit, the better. The statutes of limitations for a Mesothelioma lawsuit have a time limit on how long you can wait before you file a claim. It’s essential to consult with an experienced Mesothelioma lawyer as the statute of limitations can vary for each state. 

Filing your asbestos lawsuit as soon as possible can help you get the compensation that you deserve. Financial compensation can allow you to pay for the medical treatments and help you support your family if you’ve lost your job.

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