What is a mesothelioma lawsuit or claim?
In this article, we'll be sharing what a mesothelioma lawsuit is, its types, who can file one, and how to do so.
What is a Mesothelioma Lawsuit?
A mesothelioma lawsuit is a type of legal action. It is a legal case that enables a mesothelioma patient and their family to obtain reimbursement for illnesses related to asbestos exposure.
There are three types of mesothelioma claims. These are:
- personal injury claims,
- wrongful death claims and
- trust fund claims.
Let's dive deeper into each one.
Types of Mesothelioma Lawsuits
You may file a mesothelioma lawsuit claim if you or a loved one contracted mesothelioma due to asbestos exposure.
Additionally, you can also file a lawsuit if you lost a loved one due to exposure to asbestos that caused him or her mesothelioma cancer. The procedure for filing a mesothelioma lawsuit varies. This depends on the type of claim.
Related: A Guide on Choosing an Attorney for Mesothelioma
Here are the three types of mesothelioma lawsuits.
Personal Injury Lawsuit
So, who can file a personal injury lawsuit?
Any person diagnosed with mesothelioma can file one. This lawsuit will be against the firm or organizations that are accountable for exposing the person to asbestos, whether consciously or unconsciously.
When a party does not precaution its employees or customers about the risks of exposure to asbestos, then this is what we call “asbestos liability.”
Wrongful Death Lawsuit
If a person dies from mesothelioma due to asbestos exposure, the family members of the patient can file a wrongful death claim. In this lawsuit, the family members of the departed can seek payment to cover their medical bills or funeral expenses.
Trust Fund Claim
A trust fund is a legal entity that holds investments, assets, or acquisitions on behalf of another person. It is also an estate planning tool. This tool keeps one's assets in a trust that is managed by a third party trustee.
Who Is Eligible to File a Mesothelioma Lawsuit?
Anyone harmed by asbestos manufacturers' negligence can file a mesothelioma lawsuit. Additionally, their family members also have the right to file legal action against those responsible.
In order to file a claim, you will need to provide documentation of the mesothelioma diagnosis. These include medical reports from the cancer center or doctor.
You will also need to document and share the asbestos exposure history that caused the mesothelioma. These may include employment records, photos of the building and the exposed areas, testimonials, etc.
How Do I File a Mesothelioma Lawsuit?
There are several factors that can affect the filing of a mesothelioma lawsuit.
Each legal claim has a specific number of days or months that you can file the lawsuit.
There are a lot of processes and legal procedures when filing a claim, which is why it is important to hire an experienced attorney. They will guide you through the whole process.
How Long Does it Take to File a Mesothelioma Lawsuit?
The answer to this question is: it depends.
This type of lawsuit usually takes several months, but can be expedited if the statute of limitations is about to expire. The usual timeframe is about 6 months to a year.
Here are some of the factors that can affect the timeframe for the legal process:
- The age of the patient during diagnosis of mesothelioma
- History of exposure to mesothelioma
- Available legal venues (where the case will be heard)
What Is Required to Successfully File a Claim?
Here are some of the most important items to prepare before filing a mesothelioma claim.
Medical proof or proof of exposure
In most cases, medical proof is easy to prove. You'll just need the result of a needle biopsy to show that you indeed have mesothelioma.
Proof of Exposure
Now, this is the bigger challenge. Proving that a specific company or companies has exposed you to asbestos can be a bit harder to prove. A lawyer who specializes in mesothelioma claims will be able to share access to an extensive database of products that contain asbestos. You may use this to find out what products you were exposed to that may have caused your cancer.
While this process may be difficult and time-consuming, you don't have to go through it alone. Your lawyer and team will be there by your side.
