Mesothelioma is a type of cancer that occurs in the thin layer of tissues covering the internal organs, including the lungs, heart, and stomach. Most commonly, it impacts the linings of the lungs leading to lung cancer. Symptoms of mesothelioma comprise shortness of breath and pain in the chest.
Treatments are available but mesothelioma is unfortunately incurable. Therefore, the life expectancy of a person with a mesothelioma diagnosis is approximately 12 months. However, treatments can cause an improvement in the prognosis and include chemotherapy, surgery, radiation, and medications.
Asbestos exposure is among the leading causes of mesothelioma. Asbestos fibers, when inhaled, can reach the pleural lining and cause inflammation and scarring, leading to mesothelioma. After a person’s diagnosis, the person or their family can file a mesothelioma or asbestos claim against the manufacturers of the products containing asbestos.
A mesothelioma claim is a legal action that allows the affected people to get financial compensation for the damage. An affected person or loved one can file either a personal injury claim or a wrongful death lawsuit. The lawyer hired to look after your case will investigate the matter and strive to get the most suitable compensation for you.
Why is there a need to file a mesothelioma claim for compensation?
The cost of the treatment for mesothelioma is exceptionally high. It is often unaffordable for the affected people and their families. Therefore, the money can help the patients get proper medical help for cancer treatment. The compensation achieved also allows the families to go through their future financial difficulties.
Additionally, filing a claim with the help of a mesothelioma attorney is the only way to hold the companies responsible for their wrongdoings and prevent such incidents from happening again.
What can you get with a mesothelioma lawsuit?
The victims can get compensation either by a mesothelioma settlement or a verdict. A mesothelioma settlement is between $1 million to $1.4 million. The average compensation for a mesothelioma trial verdict is $2.4 million.
Countless victims have received compensation in the form of mesothelioma settlement or trial verdicts to date. In most cases, an affected person files a mesothelioma claim after prolonged exposure to asbestos during their work. In recent years, many cases have been made public, opening a way for the victims to file their rightful claims.
Filing a mesothelioma claim
Each case differs from the other, but after a diagnosis or demise of a loved one from mesothelioma, you are eligible to file a claim. Here is the step-by-step procedure for filing a mesothelioma claim.
Contact an experienced lawyer
After being diagnosed with mesothelioma, contacting an experienced lawyer should be your priority. Choosing a lawyer with ample experience and access to various resources is essential for the success of your case. Some law firms also provide free legal consultation to ensure you can file a lawsuit.
Therefore, it is better to contact a few companies before choosing one to fight on your behalf. The lawyer will advise you about the best options for your case.
Researching details of your legal claim
You should have all the documents ready to make your claim for filing the case. You need to produce all your medical records proving the diagnosis and work history showing that you or your relative worked for the company mentioned in the lawsuit. You must have a testimony proving the cause of your exposure to asbestos and cancer diagnosis.
Finally, you must provide the financial expenses, showing your hardships in dealing with cancer. The lawyer will collect all the documents, investigate the circumstances surrounding your exposure to asbestos, medical history details, or anything you need to make a strong case.
Filing the lawsuit
The lawyer will handle all the legal requirements and documentation to file a case in court. Before entering into a lawsuit, it is crucial to think about the venue through which you will make the complaint. Factors that can decide the suitability of the venue include the statute of limitations, settlement and verdict history, local and state laws. The claimants can file the case where they lived, worked, or served in the military.
Discovery stage of your legal claim
Next is the discovery stage of the asbestos claim, where lawyers on both sides will receive a copy of the complaint to which they have to respond within one month. You must expect that the defendants will not accept the claims made by your client.
They may say that someone else was responsible for the injury; hence the lawsuit against them is invalid. This stage comprises interviews and videotape depositions to answer questions under oath. Both sides will try to prove their case and defeat the other party.
Mesothelioma claim settlements and verdict
Most mesothelioma cases are sorted outside the courtroom and often receive a settlement amount from the perpetrators. Therefore, the defendants offer a settlement amount to the victims and their families in most cases.
During this time, your lawyer can negotiate on your behalf to receive the best possible compensation for their client. In rare cases, the case goes to court, where juries give a mesothelioma verdict. A trial is often expensive and taxing for the victims, thus receiving a settlement might often work in their favor. In the worst-case, you can lose the trial and get nothing.
Appeals
If you win the verdict, the defendants have the right to file an appeal. The appeal can result in offering a lesser amount to you or nothing at all. In all this process, the expertise of your chosen lawyers can make or break your case. They must be experienced enough to tell you about the right opportunity to grab a settlement and avoid going to court. The company’s willingness to pay compensation also depends on the strength of your claims and the probability of winning the case.
Conclusion
Mesothelioma is a fatal disease without a cure. Still filing a mesothelioma claim is your right. Hiring an experienced attorney helps you go through the whole process of gathering and investigating the data, filing the lawsuit, and winning your rightful compensation.
In addition, the lawyer will consider factors such as medical expenses, job loss, suffering, and a lost chance to lead a healthy life, travel expenses, and enough finances for the future of your family.
