Mesothelioma Lawsuit Timeline
In the early 1980s and 1990s, many Americans were diagnosed with mesothelioma. The number now stands at around 3000 annual infections. The disease is caused by exposure to asbestos, a strong carcinogenic mineral found in many different forms. Asbestosis (the inflammation of the lungs and other organs that results from asbestos exposure) can be fatal. Victims may experience numerous symptoms over time, including chronic cough, fatigue, and other ailments.
If you or a loved one has been exposed to asbestos you can file a suit in court. There are several stages to a mesothelioma lawsuit:
- Discovery: During this phase, both parties conduct research and learn about each other’s pasts to prepare for trial.
- Pretrial: This is where the legal action takes place in court before a judge or jury.
- Trial: This is the final phase of litigation that decides if the defendant was negligent enough to warrant paying monetary damages to an affected party.
Each stage could last for several months or years depending on what type of case you have (e.g., personal injury vs. workers’ compensation law) and whether you have able legal counsel to institute the suit.
How Much Compensation Can You Get for Mesothelioma?
If you or a loved one has been diagnosed with mesothelioma (the devastating disease that develops from asbestos exposure) you’re not alone. As highlighted above, an estimated 3000 Americans contract mesothelioma annually. For some patients, the economic impact of being diagnosed goes beyond the financial burden itself. Some victims find their new diagnosis can create a sense of hopelessness that leaves them feeling trapped and helpless.
Fortunately, there is help available. The base figure for mesothelioma compensation is $1 million, but this can rise to $11 million. A mesothelioma lawsuit lawyer can seek compensation for your losses so you can move on with your life. Mesothelioma can take years to develop. If you are working in an environment that has asbestos, get regular checkups to avoid the disease progressing.
Survivors of mesothelioma are entitled to pursue monetary compensation for their losses, including:
- Pain and suffering
- Medical bills
- Loss of income
In some cases, the disease process caused by asbestos exposure is so severe that it leads to death. In this instance, you can seek compensation for the loss of your loved one’s life.
How Long Will It Take to Get Compensation?
The process of filing a claim for mesothelioma compensation can be long and complicated. There are two different types of claims that survivors may make:
- Negligence claim: This type of claim alleges that someone other than the victim caused the cancer. In most cases, this means asbestos manufacturers or distributors are responsible for causing the disease.
- Strict liability offense: This type of claim doesn’t require that you prove negligence on the part of someone else. Instead, it focuses more on proving that you or your loved one’s injury was directly caused by asbestos exposure.
As previously mentioned, mesothelioma has a long latency period. It can take years before the symptoms present. You may be required to submit medical records as evidence in support of your case and wait for an attorney to contact you.
If you or a loved one has been diagnosed with mesothelioma, seek medical attention immediately. A mesothelioma attorney can help if you feel unsure about whether or not you have any rights under these laws and would like assistance in pursuing compensation for the serious injuries caused by asbestos exposure.
Types of Mesothelioma Compensation
There are three types of mesothelioma compensation, including:
Asbestos Trust Funds
This is a pool of funds created by a company to pay out victims of asbestos exposure, especially those that become insolvent. The company can have a trust fund to pay any claims by the victims of asbestos exposure. The amount of compensation is decided by the company. The company can use the funds to pay the medical expenses of a victim and compensate for the loss of earnings.
Further, the fund can also be used to pay death benefits. The victims’ surviving family receives a lump sum amount that can be used to pay for funeral expenses and burial plots.
The victim has the right to file a lawsuit against the company that caused their mesothelioma. The amount of compensation is decided by a judge in court. The compensation included in lawsuits can cover the following:
- Personal Injury Compensation: The law provides compensation to the victims who have been diagnosed with mesothelioma. The amount of compensation is decided by the court based on the amount of loss, medical expenses, and pain and suffering.
- Medical Expenses: Medical expenses include all medical treatment a victim needs to heal from the effects of asbestos exposure, including medications, surgeries, hospital stays, and other treatments. Medical expenses are paid out by the company responsible for asbestos exposure in the workplace or by a third party who has arranged a settlement with an injured person.
- Pain and Suffering: The law also provides that victims should receive compensation for pain and suffering caused by asbestos exposure. This includes any mental health care that a victim needs to cope with the disease or illness caused by asbestos exposure. The amount of compensation is decided by the court based on the amount of loss, medical expenses, and pain and suffering.
If you are a victim of asbestos exposure, the company may be willing to settle the matter out of court, especially if they feel that they will not be able to defend themselves in court and the case may drag on for several years.
However, victims of asbestos exposure should always check with their attorney first before accepting a settlement offer from the company. This is because the company could try to deceive the victim into accepting a low settlement offer.
Who Is Eligible for Compensation from Asbestos Exposure?
Before determining who is eligible for compensation, it is essential to ascertain what asbestos is and who may be at risk of asbestos exposure.
What is Asbestos?
Asbestos is a mineral that has been used in many different products for more than 100 years. The most common form of asbestos used in products today is called chrysotile asbestos. Other forms of asbestos include amosite (brown), crocidolite (blue), tremolite (black), anthophyllite (green), actinolite (white), and amosite (yellow).
Unfortunately, asbestos is a toxic substance that can cause serious illness and death when it is inhaled, swallowed, or absorbed through the skin. It can also cause serious damage to the heart, liver, and kidneys if it gets into the bloodstream.
Where Can Asbestos be Found?
Asbestos fibers are microscopic and can be very small or even invisible to the naked eye. They are often found in rock formations that were formed millions of years ago when volcanic activity created them. As they are naturally occurring, people continue to use them because they are inexpensive and easy to work with.
Asbestos is a mineral used in a wide variety of products and industrial applications. The most commonly used form of the mineral is chrysotile asbestos, which is found in thousands of products. It can be mixed into cement for use as insulation on buildings because its small size allows it to pass through openings between materials such as bricks or sheetrock much easier than other types of insulation materials do.
In addition to its widespread use in construction materials, asbestos has been used in many kinds of insulation products. For example, it was used as an insulating material on boilers and steam pipes. Asbestos insulation was also used on furnaces, water heaters, and other items. Asbestos insulation has a high resistance to heat and fire damage which makes it ideal for use in applications where heat is generated rapidly, such as power plants or factories manufacturing textiles or paper products.
Asbestos concentrations are often higher inside buildings than outside because much of the airborne asbestos dust settles out of the air into indoor environments. Such dust can be inhaled at high concentrations by people who work or live in these buildings and can cause serious diseases like mesothelioma and lung cancer.
How are Victims of Asbestos Compensated?
The law states that victims of asbestos exposure may be eligible for compensation if they were exposed to asbestos at work or during construction activity. The law also provides that the victim must be diagnosed with asbestosis or cancer to qualify for compensation from asbestos exposure. The victim’s diagnosis must be confirmed by a medical expert before qualifying for compensation.
An injured person can also pursue compensation from an employer responsible for the victim’s exposure to asbestos. The employer cannot claim that the victim was not injured by his negligence to avoid paying compensation.
In most cases, companies are responsible for their employees’ occupational exposure to hazardous substances such as asbestos and other dangerous materials. If you worked in an environment where you were exposed to hazardous material, you have a right to file a lawsuit against your employer. In some cases, victims may have no choice but file lawsuits on their own since they don’t know who else is liable for their injuries or illness caused by asbestos exposure.
There are certain situations where employers may be able to claim that it was not their fault that employees were exposed if they could show that there were other people who were responsible for the exposure. For example, if a truck driver was responsible for the shipment of asbestos-containing material, he may not be held liable if he did not know that there was asbestos in the shipment.
If you’ve been diagnosed with mesothelioma or lung cancer and are wondering if your employer is responsible for exposing you to asbestos, an attorney from our network can help. If your employer’s negligence contributed to your disease, your attorney can help you seek compensation for medical expenses, lost wages, and pain and suffering. Compensation for mesothelioma depends on many factors, including:
- Your age at the time of diagnosis
- Your level of asbestos exposure
- The amount and duration of time it took for symptoms to appear
- How much money is being spent on treatment
- The stage at which the disease has progressed
How to File for Compensation for Mesothelioma
If you believe that you’ve been exposed to asbestos during your work in an asbestos-producing industry, you can file a claim for asbestos exposure compensation. A mesothelioma attorney from our firm can help you file a compensation claim.
Your mesothelioma lawyer can determine if your claims are valid and can be supported by documentary evidence. If your attorney determines that you have a valid compensation claim, then the lawyer can file a lawsuit against the party responsible for causing asbestosis or exposing you to asbestos.
Your attorney can advise you on the documents that you must have to prove your case. These include medical reports, proof of your asbestos exposure, and all other documents that help prove your case. The process of suing for asbestos exposure compensation can take several months, or even several years. However, in the end, obtaining a fair settlement for your damages can help you move forward with your life.
Consult a Mesothelioma Lawsuit Attorney Today.
If you or a loved one fears that you have contracted mesothelioma, seek medical help immediately. You have legal recourse and you are not alone. A mesothelioma lawsuit attorney from our network can help you pursue compensation.
If your company has an Asbestos Trust Fund, your attorney can help you proceed with your claim. Our team of lawyers can also advise you to file a mesothelioma lawsuit and pursue a fair settlement. Get in touch with our network of lawyers today.