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Anyone who has been diagnosed with mesothelioma may be entitled to compensation through a personal injury lawsuit. However, filing such a lawsuit can be a complicated task. It’s important to speak with an experienced attorney who has taken on these kinds of cases before to ensure you get proper representation.
Before you move forward with a lawsuit, here are a few things you need to know:
Why You Should File a Mesothelioma Lawsuit
The number 1 reason to file a mesothelioma lawsuit is to receive money to pay for your future treatment costs, prior medical bills, followup care, travel, lost income potential, pain and suffering, loss of consortium, debt interest, and other related costs. If a family member or loved one has died from mesothelioma as a result of asbestos exposure, read our articles concerning a mesothelioma wrongful death lawsuits and mesothelioma compensation for family members.
According to the Centers for Disease Control and Prevention, 45,221 deaths were attributed to malignant mesothelioma between 1999 and 2015.[1] The only known cause of mesothelioma is from inhaling asbestos.
The dangers of asbestos have been known since the 1930s, though such dangers weren’t accepted by American doctors until the 1960s. Even so, companies continued to produce, distribute or use asbestos products in the workplace many times with no safety precautions. As such, employees, military veterans, and family members who developed mesothelioma may be able to file a lawsuit against those parties who were negligent in exposing them to asbestos.
What Is Required to File a Mesothelioma Lawsuit?
In order to successfully file a mesothelioma lawsuit, you first and foremost must be able to prove you have mesothelioma. This is simple enough; your medical records will indicate that you have the disease.
You will also need to hire an attorney. Most all mesothelioma attorneys will accept your case on contingency which means their fee will come from a percentage of compensation awarded to you. Your attorney will file an official petition, which will include your medical records and employment history, among other information. The defendant(s) (likely multiple parties involved with asbestos manufacturing and distribution) will receive a summon, notifying them the petition has been filed. They have the option to accept or oppose the summons.
If they accept, your case may be settled out of court. If they oppose it, your case will likely go to court, at which point other evidence may be presented, such as depositions and interrogations.
How to File a Mesothelioma Lawsuit
While you can technically file a mesothelioma lawsuit on your own, doing so is not advised. It’s always a better option to hire a qualified mesothelioma attorney to represent you in your case. Once you choose an attorney, they will go through the process detailed above. However, there may be more than one option for filing a lawsuit.
In many cases, a simple personal injury lawsuit is sufficient to seek compensation. But in some cases, a class action lawsuit may be filed. This may be the case when a large number of people are all filing a lawsuit against a single entity, such as hundreds of employees suing a single company.
Your attorney can advise you of all of your legal options. From there, they can file the proper paperwork to ensure your personal injury lawsuit moves forward, or you get included in any applicable class action lawsuit.
How Long Does a Mesothelioma Lawsuit Take?
This question does not have a singular answer. For instance, if the defendant decides to settle the case out of court, your lawsuit could be wrapped up in as little as a month. However, if the defendant fights the case, or you’re involved in a class action lawsuit, the matter could take many months or even longer than a year.
A qualified mesothelioma attorney can provide guidance throughout the process, no matter how long it is.
[1] https://www.cdc.gov/mmwr/volumes/66/wr/mm6608a3.htm
