Mesothelioma cancer incidents may be rare but not unheard of, with its victims emerging from almost every part of the world. According to a study conducted in 2017, approximately 34,615 mesothelioma cases were diagnosed in the year, and 29,909 deaths were reported. The World Health Organization (WHO) says that almost 43,000 people die because of mesothelioma every year. It is a type of cancer formed in the lining of the stomach or lungs and is usually incurable. Its only known causative agent is asbestos. Asbestos is a naturally occurring material that was widely used for constructions, automobiles, fabrics, and others until its usage was banned or strictly monitored.
About 90% of patients diagnosed with mesothelioma are discovered to have a direct or indirect history of contact with asbestos. It typically occurs due to corporate negligence and disregarding protective measures. People who suffer from mesothelioma due to asbestos exposure can file a lawsuit. The purpose of these lawsuits is to gain compensation for the patients or the family of the deceased. Hiring expert attorneys to file your case will maximize your chances of getting reimbursement for your medical expenses, emotional damages, lost wages, and funeral expenses in case of the patient’s death. If your question is about the eligibility criteria for filing a mesothelioma lawsuit, getting in touch with mesothelioma law firms will help you learn more about the scenario.
- Who Can File A Mesothelioma Lawsuit?
The onset of mesothelioma occurs between 20 to 50 years of exposure. People who work in asbestos-exposed areas like construction sites, oil refineries, chemical industries, electricians, merchant mariners, shipyard workers, and numerous others are at a greater risk of developing mesothelioma. Other than that, people affected by secondary asbestos exposure are also at the risk of having this cancer or other related diseases. These victims or their families can file a lawsuit against the responsible authorities. There are two types of legal actions taken depending on the liable parties.
- Product Liability Lawsuit
This lawsuit can be filed against the companies responsible for the manufacture and presence of asbestos that caused your mesothelioma. Products containing asbestos become your source of exposure, ultimately causing you to get cancer. Lawsuits against parties responsible for such products can be filed to demand compensation.
- Premises Liability Lawsuit
If you or your loved one has been an employee or a resident at an asbestos-exposed area, then a lawsuit can be filed against its owner. The person responsible for the property is liable for providing a safe environment for the residents or the workers. A premises liability claim can be made against the owner for financial and emotional damages.
- Why Should You File An Asbestos Claim?
Mesothelioma treatments are extremely expensive. A mesothelioma lawsuit also called an asbestos claim, ensures considerable monetary compensation. These compensations cover the medical bills, lost income, and finances. There are three kinds of legal mesothelioma claims:
- Personal Injury Claim
This refers to the lawsuit filed by the patient diagnosed with mesothelioma and is still living. The disease caused by occupational or any other asbestos exposure comes under personal injury. The plaintiff can file against the employer corporation or the manufacturers of the asbestos-containing product.
- Wrongful Death Claim
If the person struggling from mesothelioma dies, the family of the deceased can file an asbestos claim against the responsible party. The demanded compensation is to make up for the family’s loss of income and other finances, though it cannot make up for the loss of a loved one.
- Trust Fund Claims
Mesothelioma trust funds are created by bankrupted asbestos companies who can no longer pay for victims’ compensation. These funds are provided with money set aside for future asbestos patients.
Apart from monetary compensation, mesothelioma lawsuits invoke a sense of justice. They hold the responsible parties accountable for their obvious negligence of the matter that could have been avoided by adopting secure measures and informing the victims of the potential hazards.
- When Can You File An Asbestos Lawsuit?
Generally, it is advised to file a lawsuit as soon as the incidence of the disease is discovered. The time frame is vital when considering a lawsuit for asbestos-caused cancer. These time margins fall under the “Mesothelioma Statute of Limitations.” A statute of limitation varies from state to state. Most states offer a time of 1-2 years within which you can file a mesothelioma claim, while others allow about 6-8 years to do so.
The period of Statute Of Limitations for personal injury claims starts from the day it is diagnosed. For wrongful death lawsuits, it begins from the day of the patient’s death. The process of a lawsuit takes up to one year or more to end and requires a complete set of evidence and documents supporting the claim. Moreover, it is vital to hire an experienced and trusted lawyer who contains substantial expertise in this field. Law firms specializing in fighting mesothelioma lawsuits will ensure that your claim is filed correctly and the set of proofs essential to winning the lawsuit is delivered most suitably.
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- How To File A Mesothelioma Claim?
Initiating a mesothelioma lawsuit can be confusing at first. There are a lot of requirements and things to consider to file an asbestos claim. Following are the usual stages of a mesothelioma case:
- First, you need to consult with an experienced law firm that will help you decide the best lawsuit option for you.
- The legal team should gather essential documents and powerful evidence tracing back to when you got exposed.
- A claim will then be filed against the responsible parties who have the option to agree to or refuse the trial.
- In most situations, the lawsuit is resolved by settlement between both parties where the complainant is granted monetary reimbursement. In case of a trial, the claimants receive compensation through verdicts.
Mesothelioma can be deadly, but certain steps can help handle the situation better. Attorneys fight mesothelioma lawsuits on contingency fee agreements. It means you don’t have to pay your lawyer unless significant compensation or settlement is received. Usually, they request 25-40% of the compensated money damages. In case the verdict is not in the plaintiff’s favor, the lawsuit cost and expenses are endured by the attorney or as stated in the fee agreement.