Mesothelioma, a destructive form of cancer, occurs in the thin lining covering internal organs. Mesothelioma is incurable cancer; however, the disease is manageable with proper treatment. The sad part is that doctors diagnose mesothelioma very late in most cases. By the time they diagnose mesothelioma, there is not much they can do. Although there are four types of mesothelioma, two types, pleural and peritoneal mesothelioma, are common.
Major Cause of Mesothelioma
Asbestos, a natural group of minerals, is the leading cause of mesothelioma. Asbestos has exceptional binding quality, but the substance is a threat to human health. The dangerous material is unbreakable and insoluble, and even strong chemicals and medical procedures fail to break it down. If you inhale asbestos fibers, it stays in the body and causes mesothelioma. Because of its health-threatening characteristics, asbestos is allowed to use in a specific ratio.
Most people do not know that they can file a court case against people who knowingly put them in health-threatening situations. Similarly, unfortunate people exposed to asbestos at their workplace can sue responsible people and hold them accountable. Once an employer’snegligence is proved, you are eligible for compensation. Let’s dive into some pointers to know more about mesothelioma compensation and types of lawsuits
As the name implies, a mesothelioma claim refers to legal action against employers exposed to a dangerous substance, asbestos. Although the substance was allowed a few decades ago, it is not anymore. Despite knowing the hazardous effects of asbestos, some employers exposed their workers to the destructive element, leading to the development of mesothelioma.
The key to gaining reasonable compensation is to hire a competent attorney. You can search for experienced mesothelioma lawyers in your area. Suppose you reside in Chestnut Hill or adjacent areas; you can contact Sokolove Law and rope in a lawyer. The firm has established a reputation and can help you win cases in a relatively shorter duration.
Types of Mesothelioma Lawsuits
The most common mesothelioma claim falls in either of the two following categories:
Personal Injury Lawsuit
If you know your company has exposed you to asbestos, you can file a personal injury lawsuit against them. Suppose your employers fail to notify you about the deadly effects of asbestos; you can hold them accountable under personal injury.
You can receive a reasonable amount and use it to seek medical treatments to manage your condition. The compensation and duration of the case generally rely on the victim’s age, the number of defendants and dependents, travel expenses, if any, and medical costs.
Wrongful Death Lawsuit
Unfortunately, in most cases, doctors diagnose mesothelioma in its later stage. Many people fail to live with the disease and succumb to death. In such cases, patients’ families can file a wrongful death claim against companies and gain some compensation.
Sometimes victims file personal injury cases, and while the legal proceedings take place, they pass away. In such cases, victims’ families can request to convert the case into wrongful death claims and earn some compensation.
How Much Compensation Will I Receive?
Court cases may take months or years and can be overwhelming. You may have questions about whether your efforts are worth the money. The amount you receive as compensation depends on certain factors, including the type of claim filed. However, a competent lawyer of a reputable firm can help you earn a reasonable settlement.
How to File a Mesothelioma Claim
Most people are unaware of legal matters; only when they have to deal with court cases do they learn about laws and courts procedure. Therefore, they find themselves at a loss when filing mesothelioma claims. Lets’ get an in-depth insight into how to file a mesothelioma lawsuit:
- Hire a Lawyer
The first step is to get a lawyer on board. Now, a lawyer is the captain of your ship, and you need to research thoroughly before signing someone up. Use the internet to read clients’ reviews, and if you can meet their previous clients, do so. Also, check lawyers’ track records and hire someone who has a history of winning cases.
- Review the Case
Most mesothelioma lawyers offer free case reviews. Be truthful with your lawyers, and do not let any detail out. Your sessions with lawyers must be precise and thorough and will help your attorney build a strong case.
- File Lawsuit
The next step of filing a mesothelioma claim is to make it official and file a written complaint, referred to as a pleading. Generally, you are not needed at court while filing a lawsuit, and your lawyer can file it on your behalf. Once you have filed the complaint, the court will contact the other party.
Then comes the next phase, which is discovery or response. In most cases, defendants refuse to acknowledge the allegation and do not admit their negligence. When the opponent party argues and strives to prove that the case is invalid, your lawyer must counter every argument with proof. Asbestos does not lead to mesothelioma overnight and sometimes takes years to develop. Thus, your attorney needs to present evidence to support claims.
- Trial or Settlement
In most cases, the defendants offer a settlement. Opponent attorneys may try to convince you to take an out-of-court settlement. If you refuse to accept it, the case will go to trial. If you win, the defendant pays you handsome compensation. But, in other cases, either you get nothing or a nominal amount.
Most mesothelioma patients get the diseases because of exposure to harmful material, asbestos. Law helps them receive justice as they can file a mesothelioma claim to prove that they were exposed to the destructive substance. Mesothelioma cases can take months or years; however, competent lawyers can wrap cases quickly. Hopefully, the pointers mentioned earlier will give an insight into mesothelioma compensation.