Why do you need to file a mesothelioma lawsuit?
Mesothelioma is a deadly disease that is caused due to asbestos exposure. It is an aggressive form of cancer that requires expensive treatment and is mainly a result of asbestos exposure in the workplace. Those who suffer from mesothelioma undergo life-altering changes, full of intense physical pain, ongoing cancer treatment, and even mental stress. Unfortunately, many manufacturers today still use asbestos in their products and the working environment without adequately educating the workers about the risks.
Those exposed to the carcinogen can benefit from the legal landscape that has emerged to protect people suffering from this disease. A person files a mesothelioma lawsuit to receive monetary compensation to cover the expenses retained during the victim’s treatment. The suit can also help hold the manufacturer accountable for negligence for using asbestos-related products and support the families of victims dealing with the changes brought to their lives due to the disease. According to a leading industry report, more than 3,600 lawsuits were filed by Americans who got sick due to asbestos exposure in 2020. Getting legal help allowed the victims to deal with their disease better. For further assistance and legal guidance, individuals affected by mesothelioma can visit https://mesotheliomaattorney.com/.
Who can you file a mesothelioma lawsuit?
Individuals diagnosed with mesothelioma due to company negligence and asbestos exposure in the workplace may be eligible to file a claim. The first option is to contact a reliable attorney to help cope with the complex legal process. Experienced asbestos law firms like Simmons Hanly Conroy are experts in helping victims receive the compensation they deserve. With over 60 mesothelioma lawyers working under his firm and undying compassion for people suffering from this disease, your best chance is to go for a professional like him.
People who work with or near products created with asbestos in the past, such as school insulation, gasket packing materials, brake linings, ceiling tiles, and so on, are at a high risk of asbestos exposure. They contract the disease due to the failure of the company to regulate safety measures in the workplace. The victim may initiate a mesothelioma lawsuit after proving their diagnosis. However, suppose the victim is too ill or passes away during the proceedings. In that case, the person’s family or spouse can take over the lawsuit on their behalf. Following are a few occupations that are at high risk of asbestos exposure:
- Pipefitters
- Construction workers
- Plumbers
- Insulators
- Carpenters
- Firefighters
- Shipbuilders
- Railroad workers
- Factory workers
How to file for a claim and what to expect?
No one mesothelioma case can be the same and requires different approaches. However, the following are a few general steps that the victims can know before filing the lawsuit.
1. Contact an attorney and understand eligibility requirements:
The first course of action is to hire a competent attorney to present you in the lawsuit. Your attorney will prepare for your claim and gather information about your mesothelioma. They will then decide based on your condition in which court to file your claim. Your dedicated mesothelioma lawyer and their legal team will conduct a review of your case to determine claim eligibility. They will help you understand which type of mesothelioma claim you are eligible for and what limitations you can face in your claim.
2. Gather proof and necessary documentation:
After filing for a lawsuit in the prescribed time, the next step is to gather evidence of asbestos exposure. Your lawyer will help you gather all the legal, medical, and personal documentation required to strengthen the case. The typical information and documents needed for a mesothelioma lawsuit include:
- testimonies stating related diagnosis to asbestos exposure and its causes
- proof of asbestos exposure
- documentation proving financial hardships because of the disease
- documents showing proof of work history at an asbestos company
- medical records of asbestos-related diagnosis and treatment
3. File for a claim:
After gathering sufficient evidence against developing mesothelioma due to asbestos exposure, the lawyer will proceed further and file a claim against the parties at fault. The lawyer will file a written complaint in court. It is essential to know where you will file the lawsuit. While the victim may file a claim in the state, they reside. However, in some cases, they may also file it based on the location of the asbestos company, the victim’s previous residence, and the location of asbestos exposure. The victim may also need to file the lawsuit in multiple states if the exposure and the company’s current location are in different states.
4. Claim review and compensation:
The mesothelioma claim is submitted and reviewed in the next step before moving to the final stages. You can also call this the settlement stage, where your attorney puts all their efforts into getting you the most compensation possible. In the settlement stage, the defendant may avoid going to court by offering the handsome victim compensation in terms of money. The amount of compensation depends on the type of mesothelioma lawsuit but typically results in high payouts. The most common result of mesothelioma lawsuits is financial compensation; however, the case goes for a trial if the defendants aren’t ready for a settlement.
5. Trial and appeal:
The case goes to trial, and the jury delivers a verdict after carefully evaluating the claims and information presented by both parties. One thing mesothelioma victims must know is that trials are tiring and draining. Though mesothelioma lawsuits rarely go for trial, if they do, then the process can become tedious, especially if the defendant appeals against the verdict. Appeals take time, and a successful one can even reverse the earlier decision made by the court. However, a successful appeal from your side can give you a high payout.
Conclusion:
When laws are made to protect the rights of people, they should be used when needed. People diagnosed with an awful disease like mesothelioma should be able to take advantage of the law and receive the compensation they deserve. Victims developing mesothelioma due to asbestos exposure from their workplace should file a lawsuit against the company as soon as possible. By filing a mesothelioma claim, victims and their families may be fairly compensated for the physical and emotional pain they have endured. It’s in the victim’s best interest to hire the best possible legal team to tackle a mesothelioma claim.