Types of Lawsuits

Types of Lawsuits

If your family is bearing the burden of mesothelioma, asbestos litigation may be right for you. There are two types of legal claims you may be able to file.

Personal Injury Claims

A person diagnosed with mesothelioma may file a personal injury lawsuit against the companies responsible for exposing them to asbestos. Asbestos liability is usually based on companies’ failure to warn employees and consumers about the dangers linked to inhaling the toxic mineral.

Wrongful Death Claims

The estate of a deceased mesothelioma patient may have the option to file a wrongful death claim, seeking compensation for medical bills, funeral expenses and lost income. Similarly, if a mesothelioma patient files a personal injury lawsuit but passes away before it’s resolved, the estate may continue the claim.

Why Should You File a Mesothelioma Lawsuit?

After a mesothelioma diagnosis, it is natural for a person to focus only on their health. But if you or a loved one is diagnosed with an asbestos-related disease, you should consider contacting a mesothelioma lawyer immediately.

Mesothelioma litigation may restore your family’s financial security when you are faced with large cancer-related medical bills and a loss of household income. But filing a mesothelioma lawsuit is a complicated and time-sensitive process. Choosing a lawyer trained in asbestos litigation is essential.

A qualified mesothelioma attorney can help you decide whether to pursue a lawsuit and guide you through the process. Mesothelioma lawsuits typically do not go to trial because they are settled out of court before the trial takes place. The first step in a successful filing process is choosing an attorney experienced in mesothelioma litigation.

Asbestos exposure lawsuits are complex. The requirements for an effective claim depend on the mesothelioma patient’s individual circumstances and history. You have to figure out which jurisdiction to file in and then make sure you comply with the regulations there.

A mesothelioma lawyer can explain how these details will affect the process in your unique case. Whether that means you file a personal injury lawsuit, a wrongful death lawsuit or a claim against an asbestos trust, a skilled attorney will help you prepare all the documentation needed to back up your claim.

Get your free legal mesothelioma guide and learn about your legal rights. The legal process for an asbestos-related lawsuit depends on the health of the plaintiff. If you are in poor health, the entire process may be expedited. If there is no urgency, the process may take several months or longer.

In either case, the defendant typically tries to drag out the process. Your attorney will work to resolve your case as quickly as possible. They will handle each step so you can focus on your health and spend time with your loved ones.

The location where you file can affect the length of the case process. Your attorney will help you choose the best jurisdiction for your case. It may be necessary to file outside the state where you live. You typically will not need to travel. Mesothelioma attorneys can often handle the entire case process and travel to you when necessary.

Most mesothelioma lawyers typically work on a contingency-fee-basis. This typically means your attorney gets paid if you agree to a settlement or win your lawsuit. When you settle or win a case, a percentage of the award will be paid to your lawyer. If not, you pay no attorney fees. It is difficult to say what you should expect from a mesothelioma lawsuit because every case is different. Results depend on your history with asbestos exposure, the state where the lawsuit is filed, your medical history and other factors.

In general, mesothelioma class-action lawsuits are uncommon. Patients with mesothelioma and their families usually have a better chance of getting the compensation they need through a personal injury or wrongful death lawsuit.

You are typically eligible to file a mesothelioma lawsuit if you can provide documentation of the cancer diagnosis and the asbestos exposure history that caused it. You must file your claim before the statute of limitations expires, which varies from one to a few years depending on the state. To file a wrongful death lawsuit, the representative of the deceased patient’s estate, which includes family member, needs to determine whether to proceed and act as the decision-maker during the legal process.

The documentation in your claim must include medical and employment records as well as detailed descriptions and testimony about the asbestos exposure. You should also detail all expenses related to the cancer.

If a liable company filed for bankruptcy, your lawyer may help you file a trust-fund claim instead of a lawsuit. Your options may also include filing for workers’ compensation or a claim with the Department of Veterans Affairs. Veterans with mesothelioma cannot sue the military over asbestos exposure, but they can sue the private companies that supplied asbestos products to the military.