The devastating impact of mesothelioma cancer on individuals and their families cannot be overstated. Mesothelioma is a relentless and deadly disease caused by exposure to asbestos, a material that was commonly used in construction due to its severe health risks. This blog aims to guide families dealing with the aftermath of a loved one’s mesothelioma diagnosis or death, focusing on the legal aspects of seeking justice and compensation through a mesothelioma lawsuit after death.
Mesothelioma is a cancer that targets the mesothelium, a thin tissue layer protecting internal organs. There are various types of mesothelioma, with pleural mesothelioma (affecting the tissue around the lungs) being the most common. Other forms include peritoneal mesothelioma (affecting the abdomen), pericardial mesothelioma (around the heart), and testicular mesothelioma.
Sadly, there is currently no cure for mesothelioma, and most patients diagnosed with this aggressive cancer do not survive more than 1-2 years. Even with immediate and high-quality treatment, the chances of long-term survival are limited. Thus, understanding the causes and legal options available is crucial for families dealing with this devastating disease.
Causes of Mesothelioma
The primary factor leading to mesothelioma is the exposure to asbestos fibers. Asbestos was used in construction as an insulating material, often found in walls, ceilings, and various structural components. The microscopic, sharp rods in asbestos fibers can penetrate the mesothelial membrane, leading to DNA changes and cancer development. Typically, mesothelioma affects the heart, lungs, stomach, and testicles, spreading to other organs once it establishes itself.
Rights of Families of Mesothelioma Victims After Their Death
Families of mesothelioma victims have legal rights if the deceased had a medical diagnosis of mesothelioma, which was the cause of their death. These rights empower families to file a mesothelioma lawsuit without going to trial. The key determinants are whether the company was responsible for the victim’s asbestos exposure and whether the family members suffered as a result of the victim’s death. Alternatively, plaintiffs can prove the victim’s suffering and medical costs, which can lead to a settlement or an award.
Essential Mesothelioma Lawsuit After Death Terms
Understanding the mesothelioma lawsuit process starts with familiarity with essential terms that you may encounter during your legal journey:
Discovery: The process where both parties in a lawsuit gather information to build their respective cases. Even if the asbestos company responsible is bankrupt, discovery may reveal a trust set up to aid victims.
Claim or Mesothelioma Lawsuit: Victims or their family members file a civil action against an asbestos company or group of companies. Family members may file individual suits or join a class-action mesothelioma lawsuit with other victims.
Verdict: The decision issued by a judge or jury in the case, determining whether companies should be held accountable and whether family members should receive compensation for the victim’s death.
Settlement: An agreed-upon amount of money paid, either directly or indirectly, to those who have suffered harm due to their connection with a mesothelioma victim. Settlements may occur before or after a trial and signify the company’s willingness to compensate.
Award: When a company is compelled by a judge or jury, rather than willingly, to compensate the victim’s family members.
Navigating the legal process may introduce additional legal terms, so it is crucial to consult with your attorney whenever you have questions to ensure the best possible outcome for your case.
Mesothelioma Lawsuit After Death Payments and Awards
Understanding how the asbestos claims payout process works is essential. Most reputable mesothelioma lawyers work on a contingency basis, meaning they only receive payment if you secure a settlement or an award through the trial process. This payment is typically a percentage of the amount awarded to you or a set fee, which may be calculated based on the collective compensation in class-action cases.
It is crucial to remember that you should only pay a mesothelioma attorney upfront or at any point during the process once you receive financial compensation. Attorneys who request upfront fees do not have your best interests at heart, as they cannot guarantee the success of your case. Reputable mesothelioma law firms do not charge startup fees or consultation fees.
Choosing the Right Mesothelioma After-Death Lawyer
Selecting the right mesothelioma lawyer or law firm is critical in pursuing a successful legal claim. Here are vital traits to consider when choosing legal representation:
Experience with Mesothelioma Cases: Ensure your attorney has experience handling mesothelioma cases, preferably with a track record of success. Even young attorneys should have the guidance of more experienced colleagues.
Industry Tenure: Look for lawyers with at least five years of experience in the wrongful death field to ensure they possess the necessary expertise.
Trusts Experience: Not all asbestos companies need to be sued; many have established trusts for victims and their families. Choose a firm experienced in navigating this situation.
Track Record of Success: Investigate the firm’s history of winning cases and avoid attorneys who are evasive about their past achievements.
There are numerous firms that meet these criteria, and it should not be challenging to find the right attorney to represent you. For instance, our firm takes pride in fulfilling these requirements and is dedicated to assisting you in your pursuit of justice.
Seeking a Free Mesothelioma Lawsuit After Death Consultation
If you require assistance, do not hesitate to schedule a free mesothelioma consultation with a qualified attorney. Our compassionate legal team understands the emotional turmoil and loss that you are experiencing. We are committed to guiding you through the legal process seamlessly, ensuring clarity and minimizing additional setbacks in your life.
Our consultations are free and available at your convenience. Please inform us of your preferred schedule, and a member of our team will be there to listen to your case, assess its merits, and take the necessary steps to seek justice and compensation. Do not delay reaching out; you deserve the support you need during this challenging time.
In conclusion, dealing with mesothelioma, especially after a loved one’s diagnosis or death, is an emotional and challenging experience. Understanding your legal rights and options and selecting the correct mesothelioma lawsuit can significantly alleviate the burden and help you seek justice and compensation for your loss. Remember that you are not alone; dedicated professionals are ready to assist you in finding closure and holding responsible parties accountable.