After a diagnosis of mesothelioma, it is natural for a person to focus solely on their health. However, if an asbestos-related illness is diagnosed in you or a loved one, you should consider contacting a mesothelioma lawyer immediately.
Mesothelioma is an almost entirely preventable cancer. Many companies that manufactured, distributed or used asbestos-based products knew the dangers and did not warn their employees. Taking legal action can help people with mesothelioma get the compensation they deserve.
A qualified mesothelioma lawyer can help you decide if you want to sue and guide you through the process. The asbestos lawyer can help you file your claim before the expiration of the limitation period. They will evaluate your case so that you can receive maximum compensation.
Most lawsuits against mesothelioma never go to trial because they are settled amicably before the trial.
Main types of lawsuits against mesothelioma
Personal injury claims
A person diagnosed with mesothelioma can sue a company responsible for exposure to asbestos.
Unjustified death claims
If a patient with mesothelioma files a lawsuit but dies before it is resolved, relatives may be able to intervene as plaintiffs. Family members may be able to file their own claims for wrongful death. This can provide compensation to help with medical bills, funeral expenses and loss of income.
Common questions about mesothelioma lawsuits
How long does a lawsuit against mesothelioma last?
The judicial process for an asbestos lawsuit depends on the health of the claimant. If you are in poor health, the whole process can be speeded up. If there is no urgency, the process could take several months or more. In either case, the defendant will likely attempt to drag the process. Your lawyer will try to resolve your case as quickly as possible. They will take care of every step so that you can focus on your health and spend time with your loved ones.
Will I need to travel?
The location where you drop may affect the duration of the process. Your lawyer will help you choose the best court for your case. It may be necessary to file outside your country of residence. You will not usually need to travel. Mesothelioma lawyers can often take care of the whole process and travel to your home if necessary.
How much do mesothelioma lawyers accuse?
Most Mesothelioma lawyers work on a contingency fee basis. This means that your lawyer will only be paid if you accept a settlement or win your lawsuit. When you solve or win a case, a percentage of the premium will be paid to your lawyer. Otherwise, you do not pay any legal fees.
Choosing a mesothelioma lawyer
The first step in a successful ranking process is choosing a lawyer. If you were working for a large company that has closed or is bankrupt, funds have probably been set aside to help pay for medical and other costs related to mesothelioma patients.
A lawyer specializing in mesothelioma knows these funds well and will help you make a claim. In addition, a lawyer specializing in mesothelioma knows asbestos manufacturers and will determine who is responsible for your suffering.
When talking to the asbestos lawyer, be prepared to discuss past jobs, medical history and current health status. It is very important to have a lawyer with whom you feel comfortable.
Prosecution process in case of mesothelioma
Although everyone's case is different, there are certain steps that apply to almost everyone involved in asbestos litigation. Your lawyer will take care of each of these steps and explain the process along the way.
For the most part, mesothelioma lawsuits follow these steps
Your lawyer will gather information about your asbestos exposure history to determine who is responsible for your illness and where to file your complaint. You may be eligible to file your complaint in more than one jurisdiction.
Your lawyer must file a written complaint with a court to initiate the court process. Your lawyer will prepare and file this document. In order for your file to evolve, your complaint must follow different procedural rules from the court regarding the drafting of the document and the details provided on your claim. An experienced lawyer will know these rules and use them to present your requests to the court.
Each accused in your trial will receive a copy of your complaint. They will have some time - usually 30 days - to answer. Since many years have probably passed since your exposure to asbestos, the responsible company can now be a different company or be bankrupt. It may take some time to locate and provide your complaint to the appropriate people. Your lawyer will oversee this process. The accused rarely admit their fault. They will probably refuse your claims and will argue that your complaint is not valid or that someone or something else is responsible for your exposure to asbestos. They can even claim that your condition is not related to asbestos exposure. Do not worry. It's normal. Your lawyer will respond to each accused's answers. WHAT TO EXPECT THE RESPONDENT'S RESPONSES
Lawyers on both sides gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information will become the evidence used at trial. The discovery may take several months, but if you are very sick, your lawyer may ask the court to speed up the process before your condition gets worse. The defendant's lawyers will look for evidence that something or someone else has caused your illness. They will ask you for personal information such as your medical history, your work history, and information about your personal habits. They may also ask your relatives, doctors, colleagues and former colleagues for information. You will probably have to participate in a videotaped statement. If this is the case, you will answer the questions under oath of the defendant's attorney. This process can take a few hours or days, but it can often be done in the comfort of your own home. Your lawyer will prepare your answers to all written questions and requests for documents. Your lawyer will also review in advance the questions about the probable evidence and assist you during the testimony. In addition to helping you respond to discovery requests, your lawyer will ask you for similar information to support your claim that the defendant neglected you asbestos.
Before the trial begins, an accused may propose to resolve the case by offering you money. If you reject the settlement offer, the defendant may make another offer during the trial. Your lawyer will negotiate on your behalf. Mesothelioma facilities vary according to several factors and can influence your decision to participate in a trial or not.
The trial process varies depending on where you file a claim. In many cases, you do not have to appear in court. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the trial.
If you win the lawsuit, the defendant may decide to appeal. There is little time to appeal, usually between 30 and 180 days. This will delay any monetary decision, but the defendant will have to post a "deposit" for the amount allocated during the course of the appeal. If the defendant loses his appeal, you will begin to receive payments. If the appeal succeeds, the defendant may end up paying a lower amount or nothing at all. A court of appeal generally accepts all the facts that the trial judge and the jury have established to be true. Usually, the court of appeal only decides whether the court of first instance correctly applied the law to the case. If an error affecting the outcome of the trial has been committed, the court of appeal may order a new trial. Sometimes the court of appeal can simply correct the error without holding a new trial, for example when the amount of compensation has been miscalculated. If your case is appealed, your lawyer will be available to explain the process.
What to expect from the defendant's answers
Once you file your application, be prepared for the accused to deny any responsibility for your state of health. They can claim that
Smoking, drinking or taking drugs has caused health problems.
Your family history reveals significant health problems for family members.
You worked in other places where asbestos was a bigger problem.
You have not been properly diagnosed by a health professional.
The request was not filed correctly, even if it was filed on time.
Exposure to asbestos and other toxic substances has occurred at home or elsewhere, not just at work.
You are not allowed to take legal action for wrongful death on behalf of the deceased.
Your medical condition is not related to asbestos exposure.
Do not take these allegations to heart; just let your lawyer handle them. Accused may also include a claim in their response, but this is rare. Companies may be willing to settle right away to avoid a lengthy and costly pursuit. However, this first settlement offer can be very small. Expect to wait until the end of the trial or even during the trial to receive a reasonable offer.