Mesothelioma is an asbestos-related cancer that affects the lining of the chest and is often fatal. Many lawsuits have been filed in regards to this deadly disease, and there will likely be many more to follow. Lawsuits can be filed by the person who has developed this cancer, by family members or an executor of an estate of a deceased victim of the disease, or someone who has developed the disease through direct contact with someone who had experienced asbestos exposure.
Legal Time Constraints
There is no solid time frame for how long it takes for a case like this to be heard. It will usually depend on certain factors such as the diligence of the attorney handling the case and the amount of research it will take to prepare the case. While the time period in which a case can be filed normally differs from state to state, the case will usually need to be filed within one to two years from the time the patient has been diagnosed with the disease. These time constraints still apply to those filing a case on the behalf of a deceased loved one, which is why it is important to seek legal counsel as quickly as possible.
Assessing Point of Exposure
An important part of the case is knowing when and where the victim was exposed to asbestos. In a case where the victim is not sure about the circumstances involving asbestos exposure, the attorney will be able to hire a private investigator to do all the necessary work to figure out when and where the exposure took place. This is important because it will also determine which company or companies will be held responsible for the asbestos exposure.
Know Your Options for Compensation
When filing one of these cases, it may be necessary for the lawsuit to take place in a state other than the one the victim resides in. There are a number of reasons for this, but the most important ones have to do with the compensation that will be awarded and the likelihood of winning the case. It is a possibility that the victim could get the compensation they deserve without going to court. A settlement from the offending company or companies is preferred due to the costs involved in the legal process.
The responsible parties in a mesothelioma lawsuit can include former or present employers, leasing agents, asbestos manufacturers and installers, and landlords. Financial damages that are awarded in these lawsuits usually include but are not limited to the cost of medical bills and lost wages. It is possible that punitive damages may also be awarded. There are states that even allow those who have been exposed to asbestos but have not yet been diagnosed with the disease to file a lawsuit.
Seeking a Qualified Attorney
With everything involved in filing these types of cases, it underscores the importance of hiring an experienced mesothelioma attorney. An attorney that has the knowledge and experience of dealing with these cases will be able to provide the victim with the best chance of receiving the most compensation they can get for having to deal with this horrible sickness and also get the case settled in as short of a time as possible.