The two types of mesothelioma lawsuits are personal injury and wrongful death lawsuits. A mesothelioma personal injury lawsuit allows the cancer patient to seek compensation from the company or companies that exposed them to asbestos. The average compensation for a mesothelioma lawsuit is $ 2.4 million.
Types of Mesothelioma Lawsuits
If your family is bearing the burden of mesothelioma, an asbestos exposure lawsuit may be right for you and your loved ones. The steps to file a mesothelioma lawsuit vary depending on the type of claim filed.
The two types of legal claims your family can make through asbestos litigation include:
Personal Injury Claims – A person diagnosed with mesothelioma is eligible to file a personal injury lawsuit against the companies responsible for exposing them to asbestos. Liability for asbestos is generally based on companies’ failure to warn employees and consumers about the dangers associated with inhaling the toxic mineral. When compensation is awarded in personal injury lawsuits, mesothelioma patients are the recipients.
Wrongful Death Claims: The estate of a deceased mesothelioma patient is eligible to file a wrongful death lawsuit, seeking compensation to cover medical bills, funeral expenses, and lost income. Similarly, if a mesothelioma patient files a personal injury claim but dies before it is settled, the estate can continue with the claim. When compensation is awarded in wrongful death lawsuits, the estate is the recipient.
File a Mesothelioma Lawsuit
1. Choose an attorney
The first step in a successful filing process is choosing an experienced asbestos litigation attorney. The best mesothelioma law firms will provide you with a free consultation to discuss your case and go over your legal options.
2. Discovery phase
Answer your attorney’s questions about your asbestos exposure history, employment history, and medical history. This is part of a mesothelioma case review.
3. Provide testimonial
Work with your attorney if you need additional testimony for your case. You may need to answer additional questions about your work history and your history of asbestos exposure.
4. Consider different types of claims
Your attorney will also advise you on how to file other types of claims for which you are eligible. Whether you are filing a personal injury lawsuit, a wrongful death lawsuit, or a claim with an asbestos trust, a qualified attorney will help you prepare all the necessary documentation to support your claim.
5. File a Mesothelioma Lawsuit
Once all the relevant information is collected, your attorney will file your claim on your behalf and manage the legal proceedings. They will advise you on whether to accept a settlement offer or negotiate additional compensation.
A mesothelioma lawsuit can provide families with compensation to pay for expenses related to the diagnosis of mesothelioma or death. There are two main types of mesothelioma lawsuits: personal injury and wrongful death. A mesothelioma attorney can advise patients and their families throughout the compensation process.
Types of Mesothelioma Lawsuits
There are two main types of asbestos lawsuits: personal injury and wrongful death. In addition to personal injury and wrongful death lawsuits, mesothelioma and asbestos cases can be handled as class action lawsuits or through multi-district litigation.
The type of lawsuit filed will differ based on several factors, including who is filing and what kinds of damages they want to pursue.
Mesothelioma wrongful death lawsuit
Wrongful death lawsuits are filed by family members after the death of a loved one from mesothelioma. These lawsuits are different from personal injury cases.
Filing a mesothelioma lawsuit after death allows the family to recover compensation related to outstanding medical bills, funeral expenses, loss of potential income, loss of consortium, and related costs.
Mesothelioma personal injury lawsuit
Personal injury lawsuits are filed by the mesothelioma patient after diagnosis. Compensation for personal injury lawsuits allows the patient to recover money for treatment, travel, lost income, pain, suffering, and related costs.
Other types of mesothelioma and asbestos lawsuits
In addition to individual lawsuits, there are also mesothelioma class action lawsuits and multi-district litigation.
Your personal injury or wrongful death claim can be handled individually. In some cases, the lawsuits can be combined with other similar claims through a mesothelioma class action lawsuit or multi-district litigation.
A single plaintiff files a lawsuit against one or more businesses for injuries caused by asbestos exposure.
Each side files motions and presents evidence to the judge and jury.
Resolution occurs when an agreement is accepted or when the trial jury reaches a verdict.
One or more plaintiffs file a lawsuit on behalf of a group of people. Plaintiffs have similar injuries caused by the same incident. The lawsuit can represent from a small group to millions of people.
Each individual can decide whether to remain part of the class action lawsuit or choose not to participate. If you choose to drop a class action lawsuit, you can still file an individual case or claim.
Most asbestos lawsuits are handled as individual cases or as part of a multi-district litigation.
Multidistrict Litigation (MDL)
Multiple people file individual asbestos claims using a process that standardizes similar claims.
The standardized procedure allows the courts to quickly handle a large number of cases.
The primary MDL handling mesothelioma cases is MDL 875, In re: Asbestos Product Liability Litigation. The Eastern District of Pennsylvania of the United States District Court administers the CDM. Since its formation in 2006, MDL 875 includes more than 186,000 cases.
Ultimately, an experienced mesothelioma attorney will be able to provide you with information on all the filing options and advise you on the best option for you.
02. WHY FILE A CLAIM?
Why Should You File a Mesothelioma Lawsuit?
A mesothelioma lawsuit can result in compensation to cover expenses. A mesothelioma diagnosis can cost families thousands of dollars in medical bills, lost wages, and other related costs.
Filing a lawsuit can be a solution for mesothelioma patients and their families to cover long-term expenses such as treatment and follow-up care. While health insurance can cover health-related costs, it generally does not compensate for financial losses. In determining compensation, historical and expected future expenses will be considered.
Step 1: Receive a free consultation
Before filing a lawsuit, a mesothelioma law firm generally offers a free consultation to discuss the process. This will give you the opportunity to ask questions and voice any concerns you may have.
The consultation also gives your law firm an opportunity to understand more about how you or your loved one might have been exposed to asbestos. Then, you will discuss your medical history, including your diagnosis of an asbestos-related disease.
Step 2: research the details of your claim
Once the initial consultation is complete, your mesothelioma attorney will begin collecting data. This information will help build your case to be as strong as possible. To build a strong mesothelioma lawsuit, you will need:
Medical Reports – Medical records confirm a diagnosis of mesothelioma and provide verification of treatment costs. These records must come from the facilities where the patient received a diagnosis or treatment for mesothelioma.
Employment History – Records of any jobs with possible asbestos exposure are vital to building a case. This can include military service records, union affiliations, or any other employment history documentation.
Witness statements: statements from co-workers, family, and friends who can testify about your exposure can be helpful. Other parties, such as product identification specialists, can also provide robust evidence.
Before filing a complaint, it is also important to choose the most appropriate place to lodge it. A location is the state where your case will be handled. Factors that can affect which venue is best for your claim include:
- Statute of limitations
- History of settlements and verdicts
- State and local laws
- Claimants can file a mesothelioma lawsuit where they have lived, worked, or served in the military.
- There are also “open forum” statuses that can allow submission if no other suitable venue is available.
Step 3: determine your recovery options
Once you’ve decided to go ahead with a case, your asbestos attorneys will investigate different possibilities for compensation. In addition to lawsuit verdict awards, compensation may be available through asbestos trusts, settlements, or veteran claims.
Your attorneys will investigate the possibility of filing a claim with an asbestos trust fund. For a trust claim, you file a claim against the asbestos company responsible for your exposure. Trust funds are established to compensate current and future claimants. If you meet the trust criteria, you may be able to receive mesothelioma compensation quickly.
Your mesothelioma attorney will also evaluate other opportunities. Often times, successful cases can be built against companies that have not yet established trust funds. Your legal team will provide you with guidance on the best course of action for your case.
Step 4: File the claim
After conducting an investigation and determining a venue, your attorney will file a formal complaint on your behalf. This complaint will detail the legal causes of action against the accused. The number of defendants named in the lawsuit will depend on their history of asbestos exposure. Some people may have come in contact with asbestos in various jobs and will name all of these employers in a lawsuit.
Step 5: Begin the discovery phase
Upon filing the claim, the legal process will move into the discovery phase. In this phase, your attorney and the defendant’s attorney will present information to support each side of the case. Both parties will file various motions, often with the intention of reaching a financial settlement before the case goes to trial.
- Some complaints will be resolved before going to trial. If the mesothelioma lawsuit goes to trial, your attorney can guide you through the process.