Mesothelioma Lawsuit Process And Who Is Eligible to File an Asbestos Lawsuit?

mesothelioma,lawsuits,mesothelioma claim, Mesothelioma Lawsuit Process And Who Is Eligible to File an Asbestos Lawsuit?

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Mesothelioma Lawsuit

The two types of mesothelioma lawsuits are personal injury and wrongful death claims. A mesothelioma personal injury lawsuit allows the cancer patient to seek compensation from the company or companies that exposed them to asbestos. The average compensation from a mesothelioma lawsuit trial is $2.4 million.

Types of Mesothelioma Lawsuits

If your family is bearing the burden of mesothelioma, an asbestos exposure lawsuit may be right for you and your loved ones.

You may be eligible to file a personal injury lawsuit if you were diagnosed with mesothelioma, or a wrongful death lawsuit if you lost a loved one to the disease.

The steps for filing a mesothelioma lawsuit vary depending on the type of claim filed.
Personal Injury Lawsuit

A person diagnosed with mesothelioma may file a personal injury lawsuit against the companies responsible for exposing them to asbestos.

Asbestos liability is usually based on companies’ failures to warn employees and consumers about the dangers linked to inhaling the toxic mineral. If the lawsuit is successful, the mesothelioma patient receives compensation for their injury.
Wrongful Death Lawsuit

The estate of a deceased mesothelioma patient may file a wrongful death claim seeking compensation to cover medical bills, funeral expenses and lost income.

Similarly, if a mesothelioma patient files a personal injury lawsuit but dies before it is resolved, the estate may continue the claim. When compensation is awarded in wrongful death lawsuits, the estate is the recipient.

Who Is Eligible to File an Asbestos Lawsuit?

You are typically eligible to file a mesothelioma lawsuit if you can provide documentation of the mesothelioma diagnosis, including medical reports from the cancer center where you or your loved one were treated, and are within the statute of limitations. You must also document the asbestos exposure history that caused the mesothelioma. This can include employment records as well as detailed descriptions and testimony about the asbestos exposure.

Alternatively, you may be eligible to file a wrongful death lawsuit if you lost a loved one to mesothelioma. You would serve as the representative of your loved one’s estate.

If an asbestos company is liable for your exposure and they filed for bankruptcy, your lawyer may help you file a trust fund claim instead of a lawsuit. Your options for compensation may also include private health insurance, Medicare or Medicaid, Social Security disability benefits or filing a claim with the Department of Veterans Affairs.

You may be able to file a mesothelioma lawsuit outside of the state in which you live depending upon the details of your case. An experienced mesothelioma attorney can help you and your family decide the best court in which to file your asbestos claim. According to a leading industry report, more than 3,600 mesothelioma claims were filed throughout the U.S. in 2020.

These are some of the key states for asbestos litigation:

California
Florida
Georgia
Illinois
New York
Ohio
Pennsylvania
Texas
West Virginia

Filing a Mesothelioma Lawsuit

First, you must find an attorney who will prepare and file a written complaint with a court to start the legal process.

Filing and the steps that follow may take several months, but if you are very sick, your attorney may ask the court to speed the process along before your condition worsens. Your attorney will guide you and represent you every step of the way.

Your attorney will walk you through every step of the mesothelioma lawsuit process.

1. Choose an Attorney

The first step in a successful filing process is choosing an attorney experienced in asbestos litigation. Top mesothelioma law firms will provide you with a free consultation to talk about your case and go over your legal options.

2. Case Review and Preparation

Answer your attorney’s questions about your asbestos exposure history, work history and medical history. This is part of a mesothelioma case review. Work with your lawyer if they need additional testimony for your case. You might need to answer additional questions about your work history and asbestos exposure history.

Your attorney will research what claim and compensation options best fit your needs. Whether you file a personal injury lawsuit, a wrongful death lawsuit or a claim with an asbestos trust, a skilled attorney will help you prepare all the documentation needed to support your claim.

3. File Mesothelioma Lawsuit

After the relevant information is gathered, your attorney will file your lawsuit on your behalf and manage the legal proceedings. They will advise you on whether to take a settlement offer or negotiate for additional compensation.

4. Responses and Discovery

Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time, usually 30 days, to respond. Defendants rarely admit fault. They most likely will deny your claims and argue your complaint is not valid, or they may contend that someone else is responsible for your exposure to asbestos. Your attorney will reply to each defendant’s responses.

Lawyers on both sides will gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information may become evidence used at trial. You may need to participate in a videotaped deposition and answer questions under oath from the defendants’ lawyers. This is often done from the comfort of your own home and under the guidance of your attorney.

5. Settlement or Trial

Before a trial starts, defendants may offer to resolve the case by offering you money. Mesothelioma settlements depend on multiple factors and can influence your decision whether to go to trial. If you decline a settlement offer, it’s possible the defendant will make another offer. Your attorney will negotiate on your behalf.

Going to trial is rare. Even if a case does go to court, you may not be required to appear. The trial process varies depending on where you file a claim. Results depend on your history of asbestos exposure, the state where the lawsuit is filed, your medical history and other factors. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the verdict.

6. Resolution

If you win the trial, defendants may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days from the time the verdict is given. This will delay any monetary award, but defendants will need to post “bond” for the amount awarded while the appeal proceeds.

If the defendants lose their appeal, you will start receiving payments. If the appeal is successful, defendants may end up paying a smaller amount or nothing at all.

Notable Asbestos Lawsuit Verdicts

These payouts are known as trial verdicts, and they are often higher than what a patient may receive from a settlement offer or a trust fund claim:

$250 million awarded to a retired steel worker in 2003 over exposure to asbestos insulation
$75 million awarded to the wife of a race car driver in 2017 over exposure to asbestos-containing engine gaskets
$48 million awarded to the family of a construction worker in 2012 over exposure to asbestos in building materials
$29.4 million awarded in a talc lawsuit to a long-time talcum powder user in 2019 over exposure to asbestos-contamination
$18.6 million awarded to the family of a factory worker in 2014 over asbestos exposure at a tire plant
$18 million awarded to a barber’s son in 2016 over exposure to asbestos-contaminated talcum powder
 desclemer: only informetion in mesothelioma in asbestos

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