The common reason for contracting mesothelioma is prolonged exposure to asbestos. If a person has been exposed to asbestos without them knowing about it, they have the right to file a legal claim against the responsible party. A mesothelioma claim or lawsuit is a legal step the patients or their families take to receive compensation to cover the expenses related to a mesothelioma diagnosis and the treatments that follow. There are two broad types of mesothelioma claims: personal injury and wrongful death. A mesothelioma attorney determines and investigates the circumstances regarding the mesothelioma case. Then, in accordance with the situation, the attorney advises their client to file an adequate claim and receive compensation for the losses.
The primary way to get mesothelioma compensation through a lawsuit is either by mesothelioma settlement or a mesothelioma verdict. Both intend to offer several benefits to the affected person and their families.
What Can You Get As A Result Of A Mesothelioma Claim?
Experienced lawyers in this field know how to put your claim forward in the best possible manner. They may be able to identify many different asbestos manufacturers and those involved in causing harm to you. With a qualified attorney and proper homework about your case, you can receive handsome compensation for your damage. Generally, mesothelioma lawsuit settlements range between $1 million to $1.4 million. On the contrary, the average mesothelioma trial verdict can offer $2.4 million. By discussing the severity of your issue with your attorney, you can go ahead and file a compensation claim.
- Personal Injury Claim
You can file a personal injury claim upon finding your medical condition. Juries can award the claim to the affected person and their families, calculating the cost of loss of job and work, pain and suffering, medical treatment costs. In some cases, juries have also awarded punitive damage, which is a monetary fine levied on the perpetrators to discourage the occurrence of similar incidents in the future. A mesothelioma case in the court means negative publicity for the companies involved. Therefore, most mesothelioma compensation claims are settled without a court trial.
- Wrongful Death Claim
This is a claim made by the victim’s family after the person has died of mesothelioma. In this case, the list of expenses goes further to cover the funeral cost along with the fees included in the personal injury claim.
How To File A Mesothelioma Claim?
- Contact An Experienced Lawyer
Filing an asbestos claim starts with contacting an attorney experienced in dealing with such matters. Such lawyers know how to document the data related to your medical history and exposure to asbestos. To file an asbestos claim, you need your medical records showing your diagnosis with mesothelioma, work history showing that you or your family member worked for the company mentioned in the lawsuit, a testimony detailing the cause of your asbestos exposure, and diagnosis. Finally, you must possess documents showing the medical expenses or financial hardship.
- Eligibility Check
Based on the documents and the testimonies, your lawyer will check your eligibility to file an asbestos lawsuit. The lawyer will investigate the case by reviewing the history, researching, and gathering the evidence to understand the timeline of your exposure to asbestos and the events leading to it. They might also determine the type and nature of the asbestos products you were exposed to so that they can find information about manufacturers. As a result of your working with the attorney, they may devise the best compensation and settlement options to cover your needs. Whether you make a personal injury claim or file for wrongful death, a skilled lawyer will help collect the required documents in each case.
- Filing The Claim
After gathering all the data, it is the job of your attorney to go through all the legal processes and file the complaint in court. Depending on the strength of your case, they may also advise you to choose between accepting a settlement, going to court, or making a claim for additional compensation.
- Discovery Stage
Next is the discovery phase, which happens after filing the lawsuit. Each defending party of the case will get a copy of your complaint with the directives to respond within a month. Often defendants do not accept your claim saying that either your claim is not valid or someone else is responsible for the injury. In the discovery phase, both parties conduct research, investigate claims, conduct interviews, and videotaped depositions to collect evidence to justify or invalidate the claim. During videotaped depositions, you have to answer the questions put in front of you under oath. But, this is often done in the presence of your lawyer.
- Settlement, Verdict, And Trials
When all the evidence is collected, the defendants may offer you a settlement to end the litigation before the start of the trial. If you decline an offer, you may get another one from the defendant. In this process, you can ask your lawyer to negotiate on your behalf by considering the related costs. In most cases, a mesothelioma claim is solved with a settlement outside the court. In rare instances, when it goes to the trial, you might not need to be present in the court.
- Resolution
The last step of a mesothelioma case is the resolution stage. If you win the case, the defendants have the right to file an appeal within a period of 30 to 180 days. During this time, you won’t receive any payments from the settlement amount. The defendant still needs to post a “bond” for the awarded amount during the time of appeal. If the defendants win the appeal, they may end up paying a small amount or no money at all.
Fighting a legal battle for mesothelioma is long and stressful. It requires you to go through many steps before finally getting a mesothelioma settlement or a verdict. Losing a loved one or battling mesothelioma are both painful and irreparable losses that one can incur in their life. However, fighting a legal battle is essential to get your rightful compensation and ensure that no such incident happens with someone else.
