Thousands of corporations have faced mesothelioma lawsuits over the last several decades for exposing their workers to asbestos and causing them to develop an asbestos-related disease, such as mesothelioma.
Filing a personal injury lawsuit for mesothelioma cancer is complex. It is recommended to hire a qualified mesothelioma attorney with experience in asbestos-related claims.
The proper attorney can help you decide when it is best to file your claim and get you the most mesothelioma compensation. Your attorney will also find the company or companies that exposed you to asbestos and hold them accountable.
If you have been diagnosed with mesothelioma, filing a personal injury lawsuit can help you gain compensation for your medical treatments, lost earnings, travel expenses, pain and suffering, loss of enjoyment of life, and more. (asbestos.com)
People with mesothelioma who want to file a personal injury lawsuit can find the information they need below to move forward.
What Is a Mesothelioma Personal Injury Lawsuit?
A personal injury lawsuit for mesothelioma cancer is a legal claim filed by a person diagnosed with mesothelioma. This disease is almost always caused by asbestos exposure.
Mesothelioma affects the delicate lining of the organs, including the lungs and abdomen. It is aggressive and difficult to cure, and most people with mesothelioma do not live for more than a year. (Mayoclinic.org)
Personal injury lawsuits for asbestos exposure have been filed since the 1960s. These mesothelioma lawsuits have helped thousands of mesothelioma victims get mesothelioma financial compensation from the companies that produced, distributed, and used asbestos-containing products.
Many companies knew asbestos was dangerous but used it anyway because it was an affordable way to insulate from intense heat and fire.
A large number of companies that used or manufactured asbestos have filed from bankruptcy protection from lawsuits. In some cases, those companies were required to set up asbestos trust funds to pay claims to mesothelioma patients.
Benefits of Filing a Personal Injury Lawsuit for Mesothelioma Cancer
- Obtain compensation and damages: The major reason to file a personal injury lawsuit is to receive compensation to cover your medical costs, lost earnings, and various life changes. The money helps patients to afford mesothelioma treatments that would be financially out of reach otherwise. (mesotheliomaguide.com)
- Fast settlement: Most asbestos cancer lawsuits are settled out of court. The legal process usually is not dragged out as is the case in most trials.
- Less stress: An experienced mesothelioma attorney near you will handle almost every aspect of your case and can even travel to meet you wherever you live.
Types of Personal Injury Lawsuits for Mesothelioma Cancer
Mesothelioma personal injury lawsuits can be filed individually or as part of an MDL (multidistrict litigation). Mesothelioma lawsuits are no longer filed as class action lawsuits.
- Individual lawsuits: These legal actions usually involve a single plaintiff who sues one or several companies for exposing them to asbestos and causing their cancer. Your mesothelioma attorney will work with you to determine when and where you were exposed to asbestos. Then they will file the lawsuit against the companies that exposed you.
- Multidistrict litigation: The major MDL for asbestos cancer lawsuits is MDL 875 that has been handled in the Eastern Pennsylvania District of the United States District Court. The idea of an MDL is to bring similar cases together into a single court with one judge. This is not the same as putting all plaintiffs into a single case as class action lawsuits do.
There have been at least 185,000 asbestos cancer cases transferred to MDL 875 since 2006. As of August 2017, there were 400 cases still pending in the court.
Whether you file a personal injury lawsuit or take part in an MDL, mesothelioma asbestos claims rarely go to trial. Companies usually want to settle these out of court; juries tend to severely punish companies they believe engaged in negligent behavior that hurt workers.
How Do You File a Personal Injury Lawsuit for Mesothelioma Cancer?
Before you file a personal injury lawsuit, you need to have an official mesothelioma diagnosis from your doctor.
SEE ALSO: Steps in the Mesothelioma Claims Process
With your diagnosis in hand, you need to find a qualified mesothelioma attorney in your area. A lawyer experienced in asbestos litigation knows how time-sensitive these claims are. They also know the companies in their area that used asbestos years ago, and which job sites led to asbestos exposure. (mesothelioma.com)
A good mesothelioma attorney has a strong track record and can negotiate maximum mesothelioma compensation in your settlement. If the case goes to trial, your attorney should have experience winning mesothelioma verdicts.
Hiring a mesothelioma attorney usually is a no-risk proposition. Most work on a contingency-fee-basis. This means you pay no upfront legal costs or expenses. If the attorney wins your case, they usually are paid ⅓ of the settlement or verdict amount, but this varies by the law firm.
What Happens When You Hire a Mesothelioma Attorney?
After you have chosen your attorney, they will go through the steps of the personal injury lawsuit. Key steps include:
- Building the legal case: Your mesothelioma lawyer will collect detailed information about how and when you were exposed to asbestos. It is required to have a detailed work history to ensure that the right company or companies are named in the lawsuit. The attorney also will review your medical history.
- Filing the lawsuit: Your attorney will prepare and file a written claim to begin legal action. The case can be filed in many states; your attorney will decide which venue is best for your particular situation.
- Response: The defendant has a period of about 30 days to respond to the legal complaint. Most defendants will initially deny the claim.
- Discovery: Your attorney and the company’s attorneys will begin to assemble the case. This process includes evidence that can be used at trial, such as employment records, salary history, recorded depositions and answers to written questions.
- Settlement or trial: Many defendants will offer a mesothelioma settlement before the trial begins. Your attorney will be skilled in these types of negotiations and will help you decide whether to accept the highest offer or go to trial. Your attorney will determine if you are eligible for a settlement from an asbestos trust fund.
- Appeal: If the case goes to court and you win, the defendant may file an appeal. This will delay any payments you receive. Many attorneys advise their clients to take the settlement they have negotiated with the defendant because most plaintiffs need money immediately for their medical treatments.
The personal injury lawsuit process can take months for a mesothelioma case. That is why it is important to speak to a qualified attorney as soon as you have a diagnosis from your doctor. Some states have an expedited lawsuit process for patients who are extremely ill with an asbestos-related disease.
Settlements and verdicts vary, but many of them result in millions of dollars of compensation, such as a recent case in Illinois that resulted in a $6 million award. (JDSupra.com)
Request Mesothelioma Personal Injury Help
With over $30 billion available for victims through asbestos bankruptcy trust funds, you are entitled to financial compensations without ever filing an asbestos, lung cancer or mesothelioma lawsuit. You need legal representation to get started. Mesothelioma & lung cancer victims qualify immediately. Complete the form or call us toll-free (800) 352-0871 immediately.