Mesothelioma Lawsuit
People suffering from mesothelioma are taking action. Many have filed lawsuits against companies that exposed them to asbestos in the workplace.
If you or a loved one suffers from mesothelioma, your first step should be to speak with an experienced mesothelioma lawyer. An experienced mesothelioma lawyer can determine if you have a case and help you get compensation for your mesothelioma injuries.
Who Gets Mesothelioma?
First, your lawyer will research your specific case to determine the cause of your mesothelioma and see if it can be traced to a specific company or party. Most mesothelioma patients contracted the disease due to prolonged exposure to asbestos in the workplace. Workers who have often been exposed to asbestos include:
- Factory workers
- Miners
- Construction workers
- Insulation workers
- Plumbers
Even if you work in another field, your exposure to asbestos may still be the result of a company’s negligence. Many older buildings used asbestos as insulation. Your mesothelioma may be the result of working in an older building or living in an older home, especially if the asbestos particles have been released into the air through a renovation.
Statute of Limitations – Mesothelioma Cases Take Longer
Next, you must file a complaint within the statute of limitations, or the amount of time a person is allowed to file a complaint after a criminal incident has occurred. Mesothelioma can take between 20 to 50 years to manifest after initial asbestos exposure. To accommodate such a long period of time, the clock to file mesothelioma cases only starts ticking after mesothelioma has been diagnosed or discovered, not after the initial asbestos exposure. Usually, this time period is two years after diagnosis. Your lawyer will take into account when you were diagnosed with mesothelioma and see if you are still able to file a complaint.
Since it takes so long for mesothelioma to manifest, the company that exposed you to asbestos might be rebranded or bankrupt. Your lawyer will determine who should be served your complaint. Defendants have 30 days to respond.
Mesothelioma Settlements
Both sides will now gather information about your case. The defendant may offer a settlement to avoid going to trial. Your lawyer will negotiate with the defendant for a fair settlement; however, your lawyer will not accept a settlement without your approval. You reserve the right to take your case to trial if the settlements offered are too low.
Mesothelioma Trials
If your case goes to trial and the defendant is found guilty, you will start receiving payments within a few months. However, the defendant has the right to file an appeal. This would delay your payments, but if the appeals court upholds the original verdict, you’ll start receiving your payments. If the verdict is overturned, you may receive less than the original verdict promised or nothing at all.
Mesothelioma Class Action Lawsuits
Some mesothelioma sufferers would prefer to join a class action lawsuit instead of filing their own. A class action lawsuit is a claim that an entire group of people makes together against an entity. Claimants do not have much control over the lawsuit, however, and any settlements are evenly split among everyone in the class action lawsuit. This may keep a person out of court, but it does not guarantee a fair settlement.
Get Your Mesothelioma Settlement
Filing a lawsuit may seem like a drastic step, but mesothelioma is a serious disease. If you were exposed to asbestos needlessly, you deserve justice. Most cases reach fair settlements and don’t have to go through a trial. That’s why you need an experienced mesothelioma lawyer on your side: to do the hard work and negotiate a settlement for you so you get the justice you deserve.
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