(ThyBlackMan.com) If you’ve been diagnosed with malignant mesothelioma due to asbestos exposure, you can file a claim against those responsible. This lawsuit allows you to seek damages from the companies or parties that caused the exposure.
Many veterans have worked with asbestos during their military service. People in the construction and manufacturing industries have a higher chance of exposure to this material. Continue reading if you’re a victim unsure how to file a claim.
What Is a Mesothelioma Personal Injury Lawsuit?
A mesothelioma personal injury lawsuit is a claim filed by a victim of malignant mesothelioma, a cancer caused by exposure to asbestos. These lawsuits have been around for some time, with the first dating back to the 1960s.
Through these lawsuits, thousands of people have gotten compensation from companies that manufacture, distribute, or use asbestos. These lawsuits hold such companies responsible for exposing people to the material. They also help victims handle their medical expenses and other bills due to this cancer.
Most companies that expose people to asbestos have filed for bankruptcy to protect themselves from these lawsuits. Others have had to create trust funds to pay out claims to their victims.
How to File a Personal Injury Lawsuit for Mesothelioma
If you’re unfamiliar with the process, filing a personal injury lawsuit for mesothelioma can be complicated and lengthy. While most of these lawsuits settle out of court for $1 to $2 million, others go to trial. However, it’s best to work with an experienced attorney. Here is how to file this lawsuit.
1. Find a Qualified Asbestos Attorney
Hire a qualified asbestos attorney to handle your case. An experienced professional understands the process and the time constraints of these lawsuits. They are also familiar with the companies and past cases against them. A qualified attorney will guide you through the process, helping you decide when to file a claim and showing you which companies or parties to file claims against.
2. Build and File the Case
Once you’ve hired a qualified asbestos lawyer, they’ll gather information about your exposure and medical history. You must provide documents proving your work history and mesothelioma diagnosis. The lawyer will work with you to determine the company responsible for the exposure and the extent. After collecting all the required information, your attorney will prepare and file a formal claim to a court.
3. Wait for a Response
Once you’ve filed the formal claim, wait for the defendants to respond. Courts offer them a specific response period, usually 30 days from being informed about the lawsuit. They may deny being liable for the injury or even insist you are to blame. For example, companies have alleged that victims suffered mesothelioma because they were smokers. In this situation, your lawyer’s experience comes in handy in disproving their allegations.
4. Do the Discovery
If there is no response from the defendant, you’ll win your case by default, but they respond in most cases, leading to the discovery phase. Here, both parties get more time to gather the needed information. Your lawyer will start assembling your case and collecting evidence for trial. This includes employment documents, recorded depositions, and written questions.
5. Negotiate a Settlement or Go to Trial
Most of these cases do not go to trial. Lawyers often negotiate mesothelioma settlements successfully, but it can take up to a year. There is usually a lot of back-and-forth since both parties fight for fair compensation. However, if there is no agreement, the case goes to trial. Trials usually take longer despite the higher chances of winning larger compensation.
Important Considerations When Filing a Mesothelioma Lawsuit
Dealing with a mesothelioma diagnosis can be challenging, but getting a positive outcome from your lawsuit can be relieving, especially since fair compensation covers your expenses. Here are several important factors to consider when filing your suit:
- The statute of limitations: In most cases, mesothelioma develops within 10 to 40 years of exposure. Legally, your timer starts when you receive a diagnosis. In most states, victims have one to five years to file lawsuits.
- The jurisdiction: Different states have varying laws, court tendencies, and compensation limits for mesothelioma victims. Consider filing the case in the right jurisdiction to maximize your compensation.
- Options for a settlement or trial: When filing your case, determine if you’d prefer an early settlement or a trial. While trials often yield higher compensation, they drag on for years.
- Exposure source: To prove liability, you must identify the location, time, and manner in which asbestos exposure occurred. Since the cancer emerges decades after exposure, this can be tricky.
Endnote
The process of filing a mesothelioma lawsuit is quite complex. However, working with an experienced lawyer is often a game changer. If you’re able to prove exposure due to another party’s negligence, you can get fair compensation.
Staff Writer; Terry James
