A mesothelioma lawsuit is a proceeding brought in a civil court of law. Which a plaintiff, a party affected by mesothelioma disease, claims to have developed the disease as a result of the defendant’s actions and demands financial compensation. The defendant is required to reply to the plaintiff, also known as the complainant. If the complainant is successful, judgment is passed in his favor, and court orders are issue to award damages.
Filing a complaint helps patients diagnosed with mesothelioma get the compensation they badly need for medical expenses. A mesothelioma lawsuit can be an unnerving experience for someone undergoing the horrendous treatment journey. Here, that a mesothelioma lawyer’s expertise proves helpful, a mesothelioma lawyer helps provide a thorough understanding of how to successfully file and run a mesothelioma lawsuit.
Exposure to asbestos and asbestos-related products in the workplace, in the military or even at home leads to asbestos-related diseases. Asbestos exposure is the primary cause for malignant mesothelioma, cancer that affects the tissues of the lungs and abdomen. The fine asbestos fibres when inhaled can be trapped in the lungs or digestive tracts. The body can naturally expel some of the fibres, but many are trapped permanently.
They scar the tissues inside the lungs and abdomen and eventually cause mesothelioma. Almost all cases of mesothelioma can be attributed to asbestos exposure in the workplace. But there is also an increased risk of mesothelioma among family members of workers and people living in the neighborhood of asbestos factories. When workers carry fine particles of asbestos fibres in their clothes, and when family members inhale it, they are at risk of developing the disease.
Know more about which types of mesothelioma lawsuit allow to filed.
Two types of mesothelioma lawsuits can be filed, a personal injury lawsuit and a wrongful death lawsuit. The affected patient usually files the personal injury lawsuit while the wrongful death claim is presented by the family or by loved ones. Because mesothelioma is preventable cancer, and because many companies that produced asbestos or used asbestos products knew of its dangers and failed to warn them, legal action can be taken against them. The money received as compensation can ease their financial burdens.
The disease may cause extreme emotional strain also. Compensation helps them to receive counseling to deal with the problem. The patient submits the personal injury lawsuit after receiving a mesothelioma diagnosis. It is filed against the company that is responsible for asbestos exposure. The lawsuit claims compensation for the illness caused by asbestos exposure. Money for treatment, travel, lost income, suffering, palliative care, counseling, and, all related costs can be claimed. If the plaintiff dies during a personal injury lawsuit, the family may be able to take over the claim. A wrongful death lawsuit is claiming the family members can file damages related to the death of a person. They can claim compensation for medical bills, funeral expenses, lost income, and, all related costs.
Mesothelioma lawsuits may be handled individually, combined with other similar cases through a class action lawsuit or filed as multi-district litigation. In an individual lawsuit, a single plaintiff files a lawsuit against a company or a group of companies for injuries caused by asbestos exposure. Each side files motions and presents evidence to the judge.
Resolution occurs when a settlement is offered and accepted or when the trial jury reaches its verdict. In a class-action lawsuit, an individual sues a company or a group of companies on behalf of a group of people that have similar injuries caused by the same incident. Most mesothelioma cases are handled as individual cases or as part of multi-district litigation. Multi-district litigation is a special legal procedure designed to speed up the process of handling complex cases. Multiple people from different states file claims through a process that regularises similar complaints. An experienced lawyer will advise you regarding all the possibilities available for you.
After being diagnosed with mesothelioma, anyone would want to concentrate only on their health. Even family members would only want to care for gathered. The lawyer will decide what type of lawsuit to file. The possibility of getting compensation from an asbestos trust fund will also be considered. An experienced lawyer will be familiar with all recovery options and will decide the best option for you.
Next, the venue for the lawsuit will be determined by taking into account the timeframe, scheduling concerns, settlement and verdict history, and the state laws. Once the venue is decided your lawyer will file the lawsuit on your behalf. The mesothelioma lawsuit will now move to the discovery phase where both sides will present their arguments to support their side of the case. In many cases, the lawsuit will not go to the next stage but will be settled before going to trial. Even if it does go to trial, your mesothelioma lawyer will see it through.
Summary of Mesothelioma Lawsuit
The duration of an asbestos lawsuit is difficult to predict. An asbestos trial can range from 11-113 days, not including the periods of consultation, research, and discovery that happen before the actual trial begins. The amount of time taken to gain compensation is based on a variety of factors, like number of plaintiffs filing a case, the list of legal cases waiting to be heard at the chosen venue, number of defendants named in the lawsuit, individual lawsuit vs class-action lawsuit, number of pretrial motions filed, complexity of facts that need to be resolved and availability of all parties involved. Lawsuits that are settled without going to trial can be of shorter duration.
During the trial, the defendant may try to defend his case by hook or by crook. He will blame your medical diagnosis on other factors such as drinking, smoking, asbestos exposure at places other than the work-place, genetic problems, and family history of the disease. Usually, the defendant tries to drag out the process. Your mesothelioma law firm or lawyer can cleverly address all their counterclaims and work to resolve your case as quickly as possible.
Mesothelioma lawyers work on a contingency- fee basis. Your lawyer gets paid if you agree to a settlement or win the lawsuit. When you win a case, a percentage of the award is paid as fees to the lawyer. Even the percentage paid can be decided by you. But if you do not win, you do not pay.