March 28, 2018
Whether you’ve already filed a mesothelioma claim or are trying to decide if it’s worthwhile, there are many factors to keep in mind to keep you informed throughout the process.
Phase 1: Filing the Claim
The seemingly simple task of beginning a mesothelioma claim is complicated by the fact that exposure to the cancer’s risk factors (the largest being asbestos) does not immediately result in a mesothelioma diagnosis. Mesothelioma can take decades to express itself, but victims aren’t limited to time limits until they’ve been diagnosed. In Indiana, after diagnosis, they would have two years to file a claim against the responsible party.
For victims whose cause of death was mesothelioma, surviving relatives or caretakers can file a wrongful death action to seek post-mortem compensation.
Phase 2: Supporting the Claim
The longest and most important part of any claim is the discovery phase. During this part of the claim, you (and your attorney) gather evidence to support your claim. In a mesothelioma claim, this phase usually consists of compiling medical records, obtaining expert testimonies, and participating in depositions.
- Medical records: If you’re working with an attorney, he or she will guide you through which records are relevant, which varies depending on the type and severity of the diagnosis as well as stipulations by different trust funds.
- Expert testimonies: Usually the most important part of discovery for mesothelioma cases, a doctor’s diagnosis and technicians’ reports hold a lot of power in determining how much a victim will receive in damages.
- Depositions: One of the standard procedures in discovery is holding depositions to obtain information from both sides of the case. Depositions may occur in mesothelioma cases if a victim’s account needs to be corroborated by other witnesses.
Phase 3: Settlement
Only rarely do mesothelioma cases make it to trial; most are settled out of court. States like Indiana have recognized the generally short life-span of mesothelioma patients and tend to fast-track their cases and heavily advise their lawsuits be settled before they are heard in court.
How Much is the Typical Mesothelioma Settlement in Indiana?
It’s difficult to estimate how large a victim’s check will be without knowing the specifics of his or her case. In some circumstances, when a lawyer locates a large mesothelioma fund and the patient demonstrates severe adverse side effects from the disease, the payout can be in the millions of dollars. When these conditions aren’t met, however, some patients only take away a rationed amount of damages from a depleting victims’ fund.
One way to make sure the company or organization you have a claim against is taking your case seriously is by hiring a mesothelioma lawyer and threatening to take your case to court. Sometimes companies or other attorneys offer small settlements up front hoping victims will opt for quick cash, rather than pressing on in the legal fight to get the compensation they deserve.
Hiring a Mesothelioma Attorney to Represent You
If you’ve been diagnosed with mesothelioma and no longer enjoy the same quality of life you had previously, you can take action. With the prevalence of victims’ funds in place around the U.S., it’s highly possible to receive compensation for the costly medical procedures involved in your cancer treatment.
To take full advantage of the resources at your disposal, contact Hensley Legal Group today. Our lawyers are ready to hear your story and work for you.