Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos, a naturally occurring mineral that was widely used in construction and manufacturing until the 1970s. If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation for medical expenses, lost wages, and other damages. In this article, we will discuss the key aspects of mesothelioma lawsuits, how they work, and how to navigate the claims process.
Types of Mesothelioma Lawsuits
There are two primary types of lawsuits that can be filed in connection with a mesothelioma diagnosis:
- Personal Injury Lawsuit: In this type of lawsuit, the plaintiff is the injured person, while the defendant is typically a former employer or a manufacturer of products containing asbestos, The plaintiff must prove that their illness was caused by exposure to asbestos products manufactured or distributed by the defendant.
- Wrongful Death Lawsuit: This type of lawsuit is filed by the personal representative of the estate of the deceased victim, usually a close family member such as a surviving spouse or adult child. The estate may also be able to continue litigation initiated during the plaintiff's lifetime if the victim survived for a certain period after the diagnosis.
Mesothelioma Lawsuit Process
Filing a mesothelioma lawsuit is a complex process that typically involves the following steps:
- Consult with an attorney: It is crucial to work with an experienced mesothelioma attorney who specializes in asbestos-related claims. These lawyers have the necessary expertise to navigate the legal process and build a strong case on your behalf.
- Gather evidence: Your attorney will help you gather the necessary evidence, such as medical records, work history, and documentation of asbestos exposure. This evidence will be used to support your claim and demonstrate that your illness was caused by exposure to asbestos products.
- File the lawsuit: Once the evidence is gathered, your attorney will file a lawsuit on your behalf, either as a personal injury or wrongful death claim, depending on the nature of your case.
- Discovery process: During the discovery process, both sides will exchange information and documents, and each party may conduct depositions to gather additional evidence.
- Trial: If a settlement is not reached, the case will proceed to trial, where a jury will decide the outcome based on the evidence presented.
- Appeal: If the jury finds in favor of the plaintiff, the defendant may appeal the verdict, and the case may proceed through the appellate court system.
Mesothelioma Lawsuit Settlements
While every case is unique, the average mesothelioma personal injury case settles for more than $1 million. However, the actual amount of compensation depends on various factors, such as the extent of the exposure, the severity of the illness, and the defendant's financial ability to pay.
Alternatives to Mesothelioma Class-Action Lawsuits
Class-action lawsuits were once more common for mesothelioma cases, but it has become apparent that they are not always the best type of litigation for complex asbestos cases, which often involve exposure to multiple asbestos products. Most mesothelioma lawsuits today are filed individually as personal injury or wrongful death claims.
Conclusion
Mesothelioma lawsuits can provide compensation and justice for individuals and families affected by this deadly disease. By understanding the types of lawsuits, the legal process, and the alternatives to class-action lawsuits, you can make an informed decision about your own case and seek the compensation you deserve.