How To File A Mesothelioma Lawsuit
How To File A Mesothelioma Lawsuit
Essential Steps for Filing a Mesothelioma Lawsuit:
Mesothelioma is a form of lung cancer primarily caused by exposure to asbestos. Given that asbestos is the sole known cause of mesothelioma and that manufacturers and sellers of asbestos products did not warn about its cancer risks, lawsuits were almost certain. This guide covers everything you need to know about mesothelioma lawsuits, including eligibility criteria, the filing process, and settlement amounts.
A mesothelioma lawsuit aims to hold asbestos product manufacturers accountable and seek compensation for those harmed by their products. For decades, these companies were aware of the dangers posed by asbestos but chose to prioritize profits over public safety, leading to widespread exposure.
When asbestos fibers are inhaled or ingested, they can become trapped in the lining of the lungs or other parts of the body. Years later, these fibers can cause mesothelioma, lung cancer, or other serious and potentially fatal diseases.
READ ALSO: How To File Mesothelioma Lawsuits
Can One Still File AMesothelioma Lawsuit
Yes, you can file a mesothelioma lawsuit as long as the statute of limitations has not expired and you meet the other eligibility criteria. Unlike many civil cases where the statute of limitations starts from the time of injury, for asbestos exposure, the clock begins when you are diagnosed with mesothelioma or another asbestos-related disease. This adjustment accounts for the long latency period, which can span up to 50 years between exposure and diagnosis.
In most states, the statute of limitations for mesothelioma lawsuits is between two to three years. For a personal injury lawsuit, this period starts from the date of diagnosis. For a wrongful death lawsuit, the statute of limitations begins from the date of death.
Types of Mesothelioma Lawsuit
Selecting the appropriate kind of mesothelioma case to pursue will be among your lawyer’s initial decisions. If you are a family member of someone who lost someone to mesothelioma or if you are the victim, the kind that you select will vary:
Personal Injury Lawsuits:
To file a personal injury lawsuit for mesothelioma, you need to:
- Prove you were exposed to asbestos.
- Show that you have been diagnosed with mesothelioma or another asbestos-related disease.
- Connect your disease to asbestos exposure.
Mesothelioma lawyers often have methods to investigate where and how you were exposed to asbestos. They can review your history and records to identify the responsible parties.
Even if you are unsure about how you were exposed, it’s still worth talking to an attorney after a mesothelioma diagnosis. The only known cause of mesothelioma is asbestos exposure. While each case is different, the average settlement for a mesothelioma personal injury case is typically over $1 million.
Class Action Lawsuits & Multidistrict Litigation:
- Most asbestos and mesothelioma lawsuits are filed as personal injury claims. Although you may have heard about class action lawsuits related to asbestos, these were grouped in a process known as multidistrict litigation (MDL).
- An MDL consolidates multiple cases against the same defendant to streamline the process, but each case is still treated individually.
- Currently, mesothelioma lawsuits are handled on a case-by-case basis rather than as part of a class action or MDL.
Wrongful Death Lawsuits:
- Mesothelioma, caused by asbestos, currently has no known cure and can progress from symptoms to fatal within a few months, despite sometimes taking decades to appear.
- Even if someone has passed away from mesothelioma, their family or estate can still seek compensation from those responsible for the asbestos exposure by filing a wrongful death claim.
- Like personal injury claims, wrongful death claims related to mesothelioma often settle for over $1 million.
Asbestos Bankruptcy Trust Fund Claims:
Many mesothelioma cases are now resolved through settlements with asbestos trust funds because the responsible companies have declared bankruptcy. When the dangers of asbestos became known, numerous asbestos product manufacturers went bankrupt. To handle their legal obligations, they were required to establish large trust funds to compensate victims.
Currently, there are about 60 different trust funds with a total of over $30 billion available for victims. Many claims through these trust funds can be settled within a few weeks or months.
Veterans Affairs (VA) Benefits Claims:
Veterans who were exposed to asbestos during military service may be eligible for certain benefits separate from legal claims. Veterans account for nearly one-third of all mesothelioma cases, often due to exposure during their service.
During World War II and the years that followed, the U.S. military rapidly constructed ships, planes, and buildings using asbestos, which was prevalent and even required on Navy ships. This widespread use continued into the 1970s, exposing millions of veterans to asbestos.
Veterans can apply for benefits through the Department of Veterans Affairs (VA), which provides access to top mesothelioma specialists through the VA healthcare system. Additionally, the VA offers disability compensation exceeding $3,000 per month and financial assistance for the families of veterans with mesothelioma.
Factors That Impact How Long A Lawsuit Takes To Resolve Include
Below are the factors that impact the duration of the Mesothelioma lawsuit:
- Where the lawsuit is filed: Certain mesothelioma lawsuits can be considered within a year, depending on the state and court where the complaint is filed.
- Whether the case settles or goes to court for a trial: Settlements usually provide asbestos sufferers faster access to financial support.
- Working with an experienced mesothelioma lawyer: These lawyers will stop at nothing to ensure that their clients receive compensation as quickly as possible. They have expertise in litigating asbestos cases.
Benefits of Mesothelioma Lawsuits
It may seem like a bother to file a lawsuit. The rewards of a successful mesothelioma case, such as financial security for their family or money to assist pay for the finest mesothelioma treatments available, often outweigh the difficulties, according to many families. Some benefits that can come with a successful mesothelioma lawsuit include:
- Compensation: You can utilize the money from a mesothelioma case to assist cover a variety of expenditures, including basic living expenses, lost income, travel expenses, and medical bills.
- Financial stability: Patients frequently receive enough money even after they pass away to support their family.
- Justice: Families may feel that justice has been done when negligent asbestos product producers are held responsible.
What Happens Before Filing the Suit
These knowledgeable attorneys will guide you through the following stages to file your mesothelioma lawsuit:
- Identifying the companies and manufacturers who are at fault: Gathering data on the things you used that contained asbestos and the manufacturers of those products.
- Filing your mesothelioma claim: Your asbestos exposure may have been caused by more than one corporation, which might boost the value of your claim. After they are certain they have a solid case, your attorney will ascertain all the details of your case and submit the claim on your behalf. They will either make a claim for VA benefits, a wrongful death case, a personal injury lawsuit, or an asbestos trust fund claim.
- Reach a settlement on your behalf: Your legal team will work to get your case settled as soon as possible for the maximum cash award. Settlements are frequently used to do this. Victims receive reimbursements in less than a year, with settlements often awarding between $1 and 1.4 million in total compensation. Several case-related elements might affect this.
How To File A Mesothelioma Lawsuit
Follow the below steps to file a Mesothelioma lawsuit:
Speak With an Attorney:
The first step is to consult with an attorney who specializes in mesothelioma and asbestos-related lawsuits. It’s crucial to work with a lawyer who has experience in this area, as mesothelioma cases involve unique considerations that general attorneys may not handle effectively.
- Multiple Defendants: Mesothelioma cases often involve claims against several defendants, as multiple companies may have been responsible for the asbestos exposure, especially if it occurred over many years or decades.
- Jurisdictional Issues: You may need to file claims in various states, depending on where the exposure occurred and the companies involved.
- Investigating Exposure: Identifying where and when you were exposed to asbestos can require detailed investigations into past work environments, sometimes going back several decades.
- Asbestos Trust Funds: Some claims may be settled through asbestos trust funds rather than directly suing the companies responsible.
Finding a specialized attorney will help navigate these complexities and ensure that all aspects of your case are thoroughly addressed.
Evaluate Your Case:
- Once you have selected the right attorney, their team will investigate your claim to determine the best course of action. Your lawyer will provide guidance based on the specifics of your case. An experienced mesothelioma attorney will understand how to approach each potential defendant and will outline their strategy and what you can expect throughout the process.
File Your Claim or Lawsuit:
- Your attorney will file your claims in the appropriate courts, which could be multiple if there are several defendants. This helps ensure that the statute of limitations does not expire. After filing, there may be settlement offers from some or all of the defendants.
Pretrial and Discovery:
- If satisfactory settlements cannot be reached, your case will proceed to the pretrial and discovery phases. During pretrial, your attorney and the defendants will make motions to establish the parameters of the case and the discovery process.
Discovery involves both parties exchanging information, including depositions and documents. This phase allows both sides to prepare thoroughly for trial by reviewing evidence and witness testimonies.
Also Read: Mesothelioma Lawsuit Payouts
Trial:
Mesothelioma lawsuits rarely reach trial due to procedural rules and the historical track record of verdicts against asbestos companies. Plaintiffs often leverage this history, making it less likely for defendants to prefer a trial over a settlement.
If your case does go to trial, you would need to establish several key facts:
- Exposure Proof: Demonstrate that the defendant was responsible for your asbestos exposure.
- Causation Proof: Show that this exposure led to your mesothelioma.
- Diagnosis Proof: Provide evidence that you have mesothelioma.
- Knowledge Proof: Prove that the defendant knew or should have known that asbestos exposure could cause mesothelioma.
Given the strong precedents set by past mesothelioma cases, it is challenging for defendants to win at trial. This often leads them to prefer settling the case early in the process rather than risking a trial.
What Is The Difference Between Mesothelioma Verdict And Settlements
- When you accept a settlement, the case concludes, and you agree not to pursue any further legal action related to that case.
- However, if your case goes to trial and results in a verdict, it may not be the end of the road. Either party can appeal the verdict, which can delay any compensation for years.
The potential for prolonged appeals is one reason why settlements might be preferred over a trial verdict, even though settlement amounts are often lower. Settlements provide a more immediate resolution and avoid the uncertainty and delays associated with appeals.
Filing a mesothelioma lawsuit is a critical step toward seeking justice and compensation for the harm caused by asbestos exposure. The process involves several key stages, starting with consulting a specialized attorney who can guide you through the complexities of the case. Your attorney will evaluate your situation, file the necessary claims, and manage the pretrial and discovery phases. Visit the official WEBSITE of Mesothelioma for more details.
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