Mesothelioma is a rare cancer caused by prolonged exposure to asbestos. Despite the danger, asbestos is still used in particular industries, increasing the risk for asbestos exposure. Workers from certain kinds of industries might suffer from mesothelioma. When this happens, they can take legal action with a mesothelioma lawyer asbestos cancer lawsuit.
Mesothelioma Asbestos Cancer
Asbestos is one of many widely used building materials. According to Laurie Kazan-Allen of International Ban Asbestos Secretariat, most modern buildings constructed before the 1980s contain asbestos. Unfortunately, asbestos is the primary suspect of various diseases such as mesothelioma, lung cancer, and asbestosis.
Despite the various health risks that it can cause, asbestos is still widely used in some countries. Although asbestos mining has completely stopped since 2002, American industries still openly use and sell asbestos products. In the US, asbestos can still be found in an estimated 30 million homes.
Asbestos is also known as a contaminant in various products such as makeup and children’s toys. Due to this unfortunate reason, people diagnosed with mesothelioma still can be found to this day, with estimated 3,000 cases per year. Most cases of mesothelioma are diagnosed in construction, firefighting, manufacturing, and chemical refining industry workers.
Unfortunately, mesothelioma symptoms occur after about 50 years of asbestos exposure. This long latency period made this rare cancer difficult to diagnose and detect in the early stage. Mesothelioma asbestos cancer is treatable by surgery, chemotherapy, and radiation therapy. However, this treatment can cost up to $11,000 to $12,000 per month on average.
Fortunately, there are other things that you can do to help you reduce the impact of Mesothelioma asbestos cancer. One of them is the asbestos cancer lawsuit.
Mesothelioma cancer lawsuit
Mesothelioma cancer lawsuit allows mesothelioma patients to seek compensation settlement from companies responsible for exposing them to asbestos. In general, there are two types of this lawsuit, personal injury lawsuit, and wrongful death lawsuit. Personal injury lawsuits can be filed by patients diagnosed with mesothelioma. Meanwhile, wrongful death lawsuits are filed by a family member of a deceased mesothelioma patient.
In a personal injury lawsuit, compensation will be given to the patient in the form of asbestos liability. It is mostly based on companies’ failure at issuing a warning about the danger of asbestos exposure. Similarly, in a wrongful death lawsuit, the estate may continue the claim if the patient dies before the settlement is resolved. Therefore, the compensation for the mesothelioma cancer lawsuit is given to the estate.
Mesothelioma lawsuit plaintiff legibility
So, who’s eligible to file a mesothelioma cancer lawsuit? Mesothelioma patients are eligible to file a lawsuit if they can provide documentation regarding the disease diagnosis, such as medical reports from the cancer treatment center. Other than that, a patient must fall within the statute of limitation.
Other types of the documentation might include some documents related to the asbestos exposure, such as employment records and testimony about the exposure. A family member or relatives will also be eligible to file the lawsuit if the plaintiff recently died due to mesothelioma. For this type of lawsuit, a family member will act as a representative of the deceased.
If the company responsible for asbestos exposure filed for bankruptcy, a plaintiff could file a trust fund claim with the help of the best mesothelioma lawyer. There are various options for compensation. Some of them might include private health insurance, security disability benefits, Medicare, and filing a claim with the Department of Veteran Affairs.
In regards to the statute of limitations, a mesothelioma cancer lawsuit claim must be filed as soon as the disease is diagnosed. This is due to the limited time limit of around two years to file the lawsuit after the plaintiff was diagnosed with mesothelioma. Fortunately, an experienced lawyer for mesothelioma lawyer asbestos cancer lawsuit could provide some ease when filing for the case.
How to file for mesothelioma cancer lawsuit
Several steps must be completed to file for a mesothelioma cancer lawsuit. In general, there are six steps that must be accomplished. Six of them are:
1. Finding an attorney
The key to success in filing for an asbestos lawsuit is to find an experienced lawyer. To do this, you can consult several mesothelioma law firms which can provide free discussion on the case and suggestions for the next legal action. When looking for the best mesothelioma lawyer, make sure that they have a good track record, nationwide network, and database access to information regarding asbestos exposure.
2. Reviewing the case
An Attorney might ask you some questions related to your asbestos exposure, such as work and medical history. You may also work with your lawyer to gather some additional testimony for the case. Your attorney will also research available options for claims and compensations. Regardless of the step, the best mesothelioma lawyer will help you in the case review and preparation.
3. Filing the lawsuit
After the necessary documentation has been gathered, your attorney will file the lawsuit on your behalf. Your attorney will also manage the legal proceeding and advise you on negotiating the offered settlement.
4. Giving responses
Each defendant of your lawsuit will have 30 days to give a response. In most cases, defendants will deny any claims by arguing that the complaint is not valid. The defendant’s attorney will also state that the other party is responsible for the asbestos exposure. During this step, the best mesothelioma lawyer will give the best reply to the defendant’s responses.
During this step, the plaintiff’s and the defendant’s attorney will gather additional information through various methods, such as interviews, written questions, documents, and deposition. All of those are essential to help you during the trial.
5. Going for settlement or trial
The success of a settlement is usually influenced by how good the lawyer is at negotiating. In general, a mesothelioma cancer lawsuit is resolvable through settlement. But, the lawyer must be experienced and successful with a similar case in the past. If the settlement is deemed unachievable, it will proceed at a trial involving a jury.
Mesothelioma settlement could range between $1 to $1.4 million. However, it usually differs between each case. Several aspects influence the amount of compensation for a mesothelioma cancer lawsuit, such as the evidence, the diagnosis, the medical expenses, the state, and the number of companies included in the lawsuit.
If the case proceeds at trial, this step depends on the final verdict. If you win, the defendants have 30 to 180 days to file an appeal after the decisions are issued. During this period, the defendants are to post a ‘bond’ that contains the amount of monetary award you will receive from the mesothelioma cancer lawsuit. If the defendants’ appeal is successful, you will receive compensation.
In conclusion, mesothelioma is an expensive disease to treat. Fortunately, patients could take legal action in the form of a mesothelioma cancer lawsuit. Besides being able to help with medical costs, mesothelioma lawsuits will help patients recover lost wages and hold companies accountable for the harmful asbestos exposure.
There are several steps that a plaintiff must undergo when filing for the lawsuit. The success of each step will depend on various things, such as how strong the evidence is and how experienced the attorney is when handling the case. The best mesothelioma lawyer will provide guidance and assistance on every step of the lawsuit. So choose the best lawyer when dealing with mesothelioma lawyer asbestos cancer lawsuit.