can you sue for mesothelioma? what do you think, the answer is YES, so read this guide for me information about mesothelioma and other related questions.
Personal injury and wrongful death claims are the two forms of mesothelioma cases. A mesothelioma personal injury lawsuit permits a cancer patient to sue the firm or companies that exposed them to asbestos for compensation.
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CAN YOU SUE FOR MESOTHELIOMA
A mesothelioma lawsuit trial typically results in $2.4 million in compensation.
Mesothelioma Lawsuits: What Are They and How Do They Work?
If you or a loved one has been diagnosed with mesothelioma, an asbestos exposure lawsuit may be appropriate.
If you or a loved one has been diagnosed with mesothelioma, you may be qualified to file a personal injury claim or a wrongful death lawsuit.
Depending on the type of claim presented, the stages for bringing a mesothelioma lawsuit differ.
Suit for Personal Injury
A person who has been diagnosed with mesothelioma may pursue a personal injury case against the firms that exposed them to asbestos.
In most cases, asbestos liability stems from a company’s failure to warn employees and customers about the dangers of inhaling the poisonous substance. Patients with mesothelioma are the ones who get compensated in personal injury claims.
Suit for Wrongful Death
A wrongful death lawsuit can be filed by the estate of a deceased mesothelioma patient demanding compensation for medical bills, funeral costs, and lost income.
Similarly, if a patient with mesothelioma files a personal injury lawsuit but dies before the case is settled, the estate may pursue the claim. The estate is the one that receives compensation in wrongful death litigation.
Read Also: HOW DO I MAKE A CLAIM WITH MESOTHELIOMA
Mr Joe Lahav, a legal counsel at the Mesothelioma Center, contacted me to discuss my mother’s mesothelioma treatment options. He was straightforward and sympathetic. Thank you for your thoughtfulness.
Who Can File a Lawsuit Against Asbestos?
If you can provide documentation of the mesothelioma diagnosis, including medical reports from the cancer centre where you or a loved one was treated, and you are within the statute of limitations, you may be able to launch a mesothelioma lawsuit. You must also keep track of the asbestos exposure that resulted in mesothelioma. This can contain work documents as well as detailed descriptions and testimonies about asbestos exposure.
If you or a loved one has died as a result of mesothelioma, you may be able to file a wrongful death claim. You would be appointed as the executor of your loved one’s estate.
If an asbestos corporation is responsible for your exposure and has gone bankrupt, your lawyer may be able to assist you in filing a trust fund claim rather than a lawsuit. Private health insurance, Medicare or Medicaid, Social Security disability benefits, or submitting a claim with the Department of Veterans Affairs are all possibilities for reimbursement.
Related guide: ARE MESOTHELIOMA SETTLEMENT TAXABLE INCOME
Depending on the facts of your case, you may be allowed to pursue a mesothelioma lawsuit outside of your home state. An experienced mesothelioma lawyer can assist you and your family in determining which court is the best place to submit your asbestos claim.
In 2019, more than 4,000 mesothelioma claims were submitted across the United States, according to a 2020 KCIC industry report.
THE FOLLOWING ARE THE MOST IMPORTANT STATES FOR ASBESTOS LITIGATION:
- New York City
- The state of West Virginia
The states having the greatest legal claims for mesothelioma and other asbestos-related diseases are California, New York, and Illinois.
Asbestos Lawsuits Have a Time Limit
Plaintiffs in personal injury and wrongful death lawsuits must file a claim as soon as feasible following the occurrence of the injury. According to statutes of limitations, plaintiffs have a two-year window to file a claim after being injured.
You should consult with a mesothelioma attorney to verify that you are filing your claim within the statute of limitations.
What are the Benefits of Filing an Asbestos Lawsuit?
An asbestos lawsuit settlement can help you and your family avoid financial hardship. Mesothelioma lawsuits can help pay for medical bills, travel expenditures, and the pain and suffering that comes with the disease, as well as providing a secure future for your loved ones.
Read Also: HOW DO I CHOOSE A MESOTHELIOMA LAWYER?
A knowledgeable mesothelioma lawyer can assist you in deciding whether to file a lawsuit and guide you through the procedure. If you decide to file a claim, you will target asbestos product manufacturers rather than the government or military if you were exposed while serving.
Filing a Lawsuit for Mesothelioma
To begin the legal process, you must first select an attorney who will write and file a written complaint with the court.
The filing and subsequent stages may take many months, but if you are seriously ill, your attorney may request that the court expedite the process before your condition worsens. Every step of the journey, your attorney will advise and represent you.
Select a Lawyer
Choosing an attorney with experience in asbestos litigation is the first step in a successful filing procedure. The best mesothelioma law companies will provide you with a free consultation to discuss your case and legal choices.
Review and Preparation of the Case
Answer your lawyer’s inquiries concerning asbestos exposure, employment history, and medical history. This is part of a case study on mesothelioma. If your lawyer requires extra testimony for your case, work with them. Additional questions regarding your work history and asbestos exposure history may be required.
Your attorney will investigate which claim and compensation possibilities are appropriate for you, as well as advise you on other sorts of claims for which you may be eligible. A qualified attorney will assist you in preparing all of the documentation required to support your claim, whether you are filing a personal injury lawsuit, a wrongful death lawsuit, or a claim with an asbestos trust.
File a lawsuit for mesothelioma
Once you’ve acquired all of the necessary information, your lawyer will file your lawsuit on your behalf and oversee the legal proceedings. They’ll help you decide whether to accept a settlement offer or try to get more money.
Reactions and discoveries
A copy of your complaint will be sent to each defendant in your lawsuit. They will have a specific period of time to respond, usually 30 days. Defendants almost seldom accept wrongdoing. They would almost certainly dispute your claims, claiming that your complaint is invalid or that someone else is to blame for your asbestos exposure. Each defendant’s response will be responded to by your counsel.
Both parties’ lawyers will gather information regarding your allegations by asking the other side to respond to written inquiries, provide documents, and take depositions. Some of the material may be used as evidence in court. You may be required to take part in a videotaped deposition and answer questions from the defendants’ attorneys under oath. This is frequently done in the privacy of your own home, with the assistance of your attorney.
Consensus or Trial
Defendants may seek to settle the lawsuit by paying you money before the trial begins. Settlements for mesothelioma are influenced by a variety of factors that can impact your choice to go to trial. If you turn down a settlement offer, the defendant may counter with a new one. Your lawyer will represent you in negotiations.
The trial is a rare occurrence. Even if the case goes to court, you might not have to show there. Depending on where you submit a claim, the trial process differs. The outcome is determined by your asbestos exposure history, the state in which the lawsuit is filed, your medical history, and other variables.
If you win and the defendant does not appeal, you should begin getting money within a few months of the judgement.
Make a decision
Defendants may elect to pursue an appeal if they win the trial. An appeal must be filed within a certain length of time after the judgement is rendered, usually between 30 and 180 days. Any monetary award will be delayed as a result, but defendants will be required to post a “bond” for the amount granted while the appeal is pending.
You will begin getting money if the defendants lose their appeal. If the defendants’ appeal is successful, they may have to pay a lesser amount or nothing at all.