A mesothelioma diagnosis can leave the family financially desolated and emotionally broken. The long latency period of mesothelioma causes the symptoms to appear ten to twenty years after being exposed to asbestos. Once the cancer is diagnosed in the patients, it makes them eligible to receive compensation from the manufacturers and the suppliers of asbestos products. Asbestos use has long been banned due to its detrimental impacts on health. But some companies kept using them, putting the lives of their workers and their families at risk. Therefore, these companies and individuals must be held accountable before law for their deliberate negligence and the harm inflicted to you.
How To Hold The Wrongdoers Responsible For Their Crimes?
Filing for a mesothelioma lawsuit is the only way to hold them accountable. The compensation can be accessed through one of the various ways. If the victim is still alive, they can file a mesothelioma personal injury claim. On the contrary, after the death of a mesothelioma patient, the family and the relatives can still retrieve the compensation through wrongful death claims. The victim may apply to get compensation from asbestos trust funds.
Moreover, since the number of military veterans exposed to asbestos is exceptionally high, they can also get compensation, and medical benefits through the Veteran Affairs Department claims. Extensive online resources have been developed to help the victims, and their families know more about mesothelioma, its treatment options, legal help, and more. One such resource is mesotheliomahope.com which is exclusively dedicated to imparting awareness about mesothelioma. Here are the legal steps to file a mesothelioma claim.
Know About Legal Options In Mesothelioma
If you have decided to take legal action against the wrongdoers, you must know about the legal aspects of mesothelioma with an independent search. Having strong knowledge about the whole procedure allows you to take an active part and engage in meaningful discussion with your attorney.
- Hire An Attorney
Hiring an attorney to handle your mesothelioma lawsuit is extremely important as they can help compile all the documents. Though you can make a legal complaint yourself, a mesothelioma lawyer is always needed to collect evidence. They will investigate the matter, record the statements, take the witnesses’ video statements, and develop a strong case.
For collecting all this evidence, they have extensive resources such as the name of companies using and making asbestos-containing products. They will also compile all your medical records, trace your work history and present everything to the court. Make sure the lawyer you choose has ample experience dealing with mesothelioma cases. Moreover, enquire about their track record of winning cases and how much they have obtained in compensation for their clients.
- Compile All The Documents And File The Lawsuit
Once you have chosen the lawyer, the next step is to collect all the documentary proof of your claim and file a lawsuit in court. Your lawyer may check the statute of limitations of your state before filing the case. Statute of limitation is the allowed time window within which a plaintiff can file the claim. In some states, you can file the lawsuit within two years, starting from the date of your diagnosis. While in other states, you might have even six years.
- Discovery Period
Once you file the lawsuit, the court will notify the defendants, in this case, the manufacturers and suppliers of asbestos-containing products. The defendants typically have thirty days to respond to your claim. Before the trial, there is a period called “discovery” that allows both parties to get evidence from each other. To get the information, both parties request depositions, interrogations, and the production of documents. The majority of the information involved in the case is exchanged during this time. The information collected during this time helps the attorney on both sides gauge where they stand.
- Go To A Court Trial Or End The Case With A Settlement
At this point, all the information has been collected. Both parties know the strength of their case. If the defendants’ claims are weak, the plaintiff may force them to offer an out-of-court settlement. The settlement ends the case within one year. On the contrary, a court trial is a much more lengthy procedure. Therefore, most lawyers and defendants avoid the hassle of a lengthy court trial.
- How Much Compensation Can You Receive With A Mesothelioma Lawsuit?
The amount of compensation depends on the strength of your case. Therefore, it can vary in each case. The average amount of mesothelioma compensation is $1 Million, but it does not mean that your lawyer cannot get more for you. A lawyer could get $40 million in compensation for a navy veteran’s case.
The legal process of a mesothelioma lawsuit has a lot of twists and turns. Therefore, you need the help of an experienced attorney to lead you through this long road. The circumstances of each case differ, but the overall process that helps you against mesothelioma remains the same. The earlier you file the lawsuit, the sooner you will be relieved of your financial burdens.