It can be difficult to initiate a lawsuit against mesothelioma, especially when treating or mourning the loss of a loved one. Finding a lawyer who understands the process and who will work with your situation can give you a refreshing sense of freedom so you can focus on your recovery and spend time with your family.
It is important to start the asbestos prosecution process immediately, as each state has its own time limits and limitations that may prevent you from getting compensation if you wait too long.
Two main types of claims for mesothelioma can be filed: a bodily injury and an unjustified death. The type of complaint filed depends on whether the mesothelioma victim is still alive and filing the complaint. An experienced mesothelioma lawyer can help you understand the type of asbestos lawsuit that you will need to file according to your personal situation.
5 facts about asbestos lawsuits
Asbestos claims for personal injury constitute the longest-standing "collective crime" litigation in American history.
-Most of the legal cases relating to mesothelioma are settled amicably without being tried.
-The number of claims related to asbestos and mesothelioma has continued to increase rapidly in recent years.
Non-traditional companies and products containing asbestos, such as cosmetic talc, are increasingly at the center of legal proceedings.
- Mesothelioma trust funds contain more than $ 30 billion in assets to cover settlement payments and verdicts arising from mesothelioma disputes.
Types of mesothelioma lawsuits
Pursuit of bodily injury
Submitted by the patient after being diagnosed with mesothelioma.
Filed against the company or companies responsible for exposure to asbestos leading to the disease.
Claims specific damage due to illness caused by exposure to asbestos.
Allows the patient to recover money for treatment, travel, loss of income, pain and suffering, and associated costs.
Prosecution of unjustified death
Submitted by the surviving family after the death of a mesothelioma.
Deposited against the company or companies responsible for exposure to asbestos resulting in death.
Calls for specific damages related to the death of the individual.
Allows the family to recover money from unpaid medical bills, funeral expenses, loss of revenue potential, loss of consortium and associated costs.
Individual prosecutions, class actions and multi-district litigation
Some people may wonder whether their case of mesothelioma will be treated individually or as part of a mass crime, such as a class action or multi-district litigation. Your lawyer will tell you which type of lawsuit is best for your situation.
Individual Prosecutions - These typically involve a single plaintiff bringing legal action against one or more companies for illness related to their individual exposure to asbestos. Each party submits motions and presents his evidence to a judge. It is finally resolved when both parties reach a settlement or the trial jury renders its verdict.
Class Actions - Class actions involve a person or group of individuals suing on behalf of all "in the same situation". Categories can range from a few hundred to millions of people, and each person can decide to stay as a party. class action or to withdraw. Although class actions have been filed over the years, most asbestos lawsuits are either individual or part of a multi-district litigation.
Multidistrict Litigation (MDL) - This process allows individuals to file individual complaints by resolving similar complaints and developing effective procedural guidelines, allowing courts to process more cases without grouping all complainants into one class. The main dispute over mesothelioma is MDL 875, entitled "Asbestos Product Liability Litigation", which is administered by the District Court of the Eastern Pennsylvania District and includes more than 186,000 cases since its inception in 2006.