Mesothelioma Lawsuit Overview
Filing a Mesothelioma Lawsuit
Mesothelioma Statute of Limitations
See Informative Videos
A mesothelioma diagnosis can be upsetting and confusing. It presents a number of questions about legal options, long-term plans, and medical care.
Patients suffering from the effects of mesothelioma, fortunately, can hire an experienced mesothelioma lawyer for their mesothelioma lawsuit. Before you hire a mesothelioma attorney, read below to learn how legal representation can help you.
It may be tempting to take legal action without the aid of a mesothelioma lawyer. However, this is not recommended, especially in complex claims such as mesothelioma. Insurance companies and asbestos manufacturers are experienced in defending against mesothelioma claims and can only add to your stress as a mesothelioma patient.
Because of this, hiring a mesothelioma lawyer is strongly advised. In addition to representing your legal interests in the courtroom, a mesothelioma attorney can bring perspective, support, and knowledge to your claim. Having an experienced mesothelioma attorney by your side can increase your chances of getting a significant mesothelioma settlement.
The Serling Team can help you decide where to file suit and what parties to sue. They can also teach you about state-specific legal variations including award caps, insurance regulations and statutes of limitations. Your mesothelioma attorney will also be knowledgeable about insurance company tactics and asbestos litigation. A good lawyer will also be familiar with the judges and rules of the court which will be helpful in a mesothelioma lawsuit.
Mesothelioma Lawsuit Overview
A diagnosis of any asbestos-related disease is not only emotionally exhausting, but financially draining as well. A mesothelioma lawsuit can help fund treatment options and assure financial security for a family's future. It is important to file a mesothelioma claim quickly because the statutes of limitations can prevent you from seeking proper compensation.
After receiving a mesothelioma diagnosis, seek medical care and an emotional support network. It is important to get quality healthcare to manage physical symptoms and emotional grief.
After receiving expert medical care, contact a mesothelioma lawyer who is knowledgeable about asbestos litigation and can make a negligent industry liable for their greed. If you win your mesothelioma lawsuit, it can help pay medical bills and ensure the family's financial future. A mesothelioma attorney knows how to prove a victim's asbestos exposure history, which is needed for a successful mesothelioma lawsuit.
Establishing a link between a person's mesothelioma and asbestos exposure is not easy. This is why it's crucial to hire an experienced mesothelioma attorney, who will understand:
- Asbestos product identification
- Asbestos-related medical issues
- Statutes of limitations
When someone is diagnosed with mesothelioma, the last thing on their mind is legal logistics. However, a mesothelioma lawsuit can only be filed within a certain period of time, known as the statute of limitations. It is important to file a mesothelioma claim quickly to help pay for medical bills and ensure the family's financial future. An intelligent and compassionate mesothelioma attorney can help you seek the compensation needed to help you and your family.
It has been proven that asbestos manufacturers knew of the material's health hazards in the 1920s, but decided collectively to keep this knowledge from the public for more than 50 years. Eventually, after government intervention and public uproar, the asbestos industry is negotiating settlements with mesothelioma victims.
Filing a Mesothelioma Lawsuit
Decades ago, when manufacturers and users of asbestos became aware of its dangers, many companies made a selfish and costly mistake. These companies continued to use asbestos, ignored its health effects and allowed workers to breathe in asbestos fibers on a daily basis.
Mesothelioma usually takes decades after the asbestos exposure before it manifests itself. Because of the disease's long latency period, people who were exposed to asbestos forty or fifty years ago are now developing mesothelioma. If you have been diagnosed with mesothelioma, you have the right to file a lawsuit against the company who was responsible for your asbestos exposure.
Fortunately, many attorneys specialize in mesothelioma litigation and have been successful in obtaining substantial settlements for their clients. Most mesothelioma attorneys will only take a small fee if they secure compensation for the mesothelioma victims.
Because of statues of limitations, mesothelioma patients must file a claim after diagnosis. Because of this time limit, it is vital to contact a mesothelioma law firm immediately.
If your loved one has already passed away because of mesothelioma, different rules apply. However, the mesothelioma claim must still be filed quickly, so contact a mesothelioma lawyer today.
If you suffer from respiratory problems and have a family member who worked with asbestos, you may also have grounds for a mesothelioma claim. In many cases, employees who worked with asbestos tracked home asbestos fibers on their clothes and hair. These family members may have developed an asbestos-related disease from this small exposure.
Whether you are a mesothelioma patient, family member with an asbestos-related disease or an individual seeking justice on behalf of a deceased loved one, it is vital to file a mesothelioma claim as soon as possible. You will need to discuss your legal options with your mesothelioma lawyer. The law firm may also hire an investigator to determine where and when someone came into contact with asbestos.
Many mesothelioma attorneys work on a contingency fee basis. This means they will receive a percentage of your final settlement so you do not need to worry about paying your attorney if you do not win the case. By consulting with an experienced mesothelioma attorney as soon as possible, you can discuss your legal rights and options.
Asbestos laws allow those with mesothelioma or asbestos-related diseases to seek compensation. These laws are comprised of state and federal statutes that regulate household and workplace asbestos exposure. Asbestos laws provide protection to those who have experienced the harmful side effects of asbestos. Exposure to this material can cause scar tissue in the lungs (asbestosis) and mesothelioma. Even people exposed to asbestos in the 1940s may still develop deadly, asbestos-related diseases.
The Occupational and Safety Health Administration enforces asbestos laws that protect workers. Asbestos laws determine the level of asbestos permitted in the workplace. The law allows 0.1 fibers per cubic centimeter during an 8-hour work period and one fiber per cubic centimeter in any 30 minute period. Employers must also make routine exposure monitoring and create regulated work areas. They must also supply all employees with respiratory equipment, protective clothing, asbestos safety training, regular health examinations and proper hygiene facilities.
In many cases, mesothelioma victims are entitled to compensation because the cancer could have been prevented. The companies that did not protect their employees are at fault. Mesothelioma is caused by asbestos fibers, which are breathed into the system and damage the mesothelium, a lining that covers most organs. The disease has a long latency period and people do not realize they have mesothelioma until decades later.
The Serling Team is available to help victims of mesothelioma seek compensation for medical expenses and pain and suffering. Mesothelioma compensation can also provide financial security for the victim's family. Those suffering from mesothelioma should seek legal advice as soon as they are diagnosed. Many states allow for only a certain period of time to file a lawsuit. A mesothelioma lawyer will need time to put together your case and conduct research. Many mesothelioma attorneys only receive a contingency fee, which is a percentage of your settlement should you win. If the case is lost, the lawyer will not take any money.
Mesothelioma Statute of Limitations
A lawsuit filed on behalf of an individual who has developed mesothelioma cancer due to exposure to asbestos is called a mesothelioma claim. Mesothelioma claims are filed against the party, usually a corporation, who is responsible for the victim's harmful exposure to asbestos. Defendants in mesothelioma claims can be employers, government organizations, asbestos removal professionals, manufacturers, or other parties whose negligence resulted in the asbestos exposure.
If a victim of mesothelioma has passed away, a claim can still be filed by a family member. Mesothelioma claims are usually filed to allow the victim or loved ones compensation for loss of income, medical bills and pain and suffering.
When filing a mesothelioma claim, it is important to do as soon as possible. Many states have a statute of limitations which places a time limit within which the claim must be filed. In most mesothelioma cases, this time period begins when the person receives the diagnosis. However, these statutes vary from state to state, so it is important to find out the laws that apply to your mesothelioma claim.
Recovery amounts in mesothelioma settlements vary considerably.
How much a mesothelioma victim will receive as compensation will be determined by a variety of factors, including:
- the laws in your state,
- the parties responsible,
- lost income,
- the extent of your injuries,
- how well the case is presented,
- the likely verdict value,
- the credibility of the injured party,
- where the case is tried,
- reputation of the attorneys,
Decisions of compensation involve economic damages such as:
- all medical costs,
- lost employment income,
- lost future income,
There are also non-economic damages that are considered. These are “pain and suffering” damages. They are damages paid for:
- physical pain,
- loss of enjoyment of life,
- emotional distress,
Because this can be very subjective and every case is different, there is no way to tell what a jury will award in this category, but the figure can be quite significant, especially if continued medical treatment is necessary. In many states there is no limit to non-economic damages in lawsuits, although that is changing.
The amount given in mesothelioma settlements varies between cases and states. Besides the damage that mesothelioma has caused a patient, the main factor that determines the amount of the settlement is the state, region and political atmosphere. For example, during the 1980s and 1990s, many mesothelioma lawsuits were being filed. During these two decades, the United States political climate was very favorable to patients.
Since then, the political climate has changed slightly. For example, a reform bill in Texas requires neutral medical tests for all asbestos-related diseases. Georgia also makes the plaintiff responsible to prove mesothelioma was caused by asbestos. These bills were signed in the 1990s, after controversy began over mesothelioma lawsuits being misused by patients and lawyers for exaggerated claims. However, there seems to be no problem for legitimate cases of mesothelioma.
There is no average amount or gauge for determining mesothelioma settlements. The outcome depends on the negligence of the defendant and damage to the plaintiff. Some courts may also refer to previous settlements to determine the settlement.
As the number of mesothelioma diagnoses increase, more lawsuits are being brought against companies responsible for exposure to asbestos. Because of this increase, many lawyers who handle mesothelioma claims are available. Settlement amounts vary between cases, but mesothelioma attorneys aim to make these companies liable for the pain and suffering of mesothelioma victims.
The process of filing a mesothelioma claim is relatively simple. However, many states set a time limit for these claims to be filed. If they are not filed within your state's statute of limitations, you will not be able to seek compensation. Family members of mesothelioma patients that have passed away can also file a claim on their behalf, but these also must be done with the statute of limitations.
First, locate a mesothelioma lawyer or law firm that has experience litigating mesothelioma claims. Experienced mesothelioma attorneys already have contacts in the field that can help your case run smoothly.
Many people are hesitant to file mesothelioma claims because of cost. However, most mesothelioma lawyers are only paid a contingency fee, which is a percentage of your mesothelioma settlement. This means they are not paid until you get compensated. No upfront payment is required, and if you do not win the case, you do not pay anything.
When you have located an attorney whose fees you are comfortable with, you will explain the details of your case. Your lawyer will need to know the following:
- Type of mesothelioma
- Whether the disease can be treated
- The date you were diagnosed
- Whether you know your disease is terminal
- Where and when you were exposed to asbestos
If you cannot remember where or when you were exposed to asbestos, your lawyer will pay for an investigator to discover this information.
Based upon these details, the mesothelioma attorney will decide if your claim is worth pursuing. If it is, the attorney will decide what type of lawsuit should be filed.
Due to the increase in mesothelioma diagnoses, many law firms and lawyers deal specifically with mesothelioma cases. Mesothelioma law firms aim to get compensation for mesothelioma victims and their families.
If you are looking for legal help relating to mesothelioma or asbestos, first locate a lawyer experienced in mesothelioma litigation. An experienced attorney has connections to resources and groups that could help your case run smoothly.
However, keep in mind that many states set a time limit for mesothelioma claims to be filed within. These statutes of limitations are often 12 to 24 months after a diagnosis. Family members may also file claims, but must do so within this time limit of 12 to 24 months after your loved one's death.
When you consult with a mesothelioma lawyer, you can discuss the details of your case and your legal options. It is impossible to determine whether a mesothelioma lawsuit will be won. However, if you contact a lawyer quickly and provide them with detailed, truthful information, you can increase your chances of filing a successful claim.
Mesothelioma litigation offers several options depending on the case. Some options for filing a claim as part of mesothelioma litigation include:
- Product Liability
- Professional Malpractice
- Worker Compensation
- Wrongful Death