Last Updated on March 12, 2024 by admin
Patients diagnosed with mesothelioma can go down the legal route because most cases of this form of cancer are not the patient’s fault. Companies that expose employees to asbestos have a legal responsibility to compensate for all the pain and suffering they caused people.
However, before they can do that, patients need to know how to hold these companies accountable. The legal system only works when patients learn how to tap into it. So, to help you get your fair due, here’s a legal guide for you as you file your claim:
Table of Contents
1. Why Should You Pursue Legal Action?
One of the reasons you get advised to file a lawsuit is compensation. The money you get from this compensation can help you cover medical expenses during your treatment. Cancer is not easy to live with or pay for, as it can cause a significant dent in your savings and leave your family in enormous debt.
So these legal claims help you take care of yourself and your family as you prepare to fight for your life. When you’re rightfully able to acquire the money, you get better options when seeking treatment for mesothelioma that can potentially save your life. Also, most cases of mesothelioma stem from asbestos exposure. So why wouldn’t you want to hold the company that brought you to this point responsible?
2. Types of Mesothelioma Claims
When you’re filing a lawsuit, you get plenty of options. Your attorney will better inform you which option is suitable for your legal case, but a little knowledge hurts no one. Each of these options below leads to the same conclusion that is compensation. The only difference is the type of compensation varies:
Lawsuits
When you’re about to sue a company, you do it for two reasons. You got injured, and you want justice, or you want justice on behalf of someday. So the lawsuit you opt for depends on your circumstances.
Suppose you go for a personal injury lawsuit. In that case, you’re telling the court that you got exposed and contracted mesothelioma, and you want compensation. If you file a wrongful death lawsuit, you’re telling the court that you lost a loved one to mesothelioma, and you want to hold the agencies responsible. A lawyer will help you prepare a claim and submit it to the court for review in both cases.
Settlements
Some companies want to pay you upfront instead of dealing with a lawsuit. These are settlement cases. Their core is negotiating monetary value. The company you’re using will offer you various settlement amounts accounting for the pain and suffering of the cost. With your attorney, you will visit these numbers and can put your demands forward until you hit a value that you find suitable. Settlement cases can quickly go up to a million dollars.
Trial
This is a complex legal route. If you go to trial, you involve the jury. This means the case may go on for years and even months. A trial by the verdict is a systematic way of judging a case. The trial is based on evidence and arguments before the jury decides. The probability of winning is about fifty percent while losing holds the same statistic. If you win, you get compensated with a very handsome amount. However, if you lose, you wind up with nothing.
3. How Do I File A Mesothelioma Claim?
If you have decided you need to opt for the legal route, you need to find yourself a lawyer. Lawsuits require paperwork and get submitted on their relevant deadlines, which only a professional legal expert knows. You will need to collect your employment records, submit your medical prescription and prove your crumbling finances to the court. Here’s a timeline of how the events will roll out if you choose to go to for a claim:
Seek A Lawyer.
Finding a lawyer who will handle your case requires substantial research on your part. You may need someone who specializes in mesothelioma claims. So you’ll need to go through numerous referrals, reviews, and websites before you find the right legal expert for you.
Check Eligibility
. Before launching a case, a lawyer will go through the contents to determine your eligibility. Each state carries a statute of limitation. If your case falls under the limitations, you can proceed. A lawyer also needs to confirm the legitimacy of your claim. If you were not exposed to asbestos at work and contracted the illness due to your recklessness, you don’t have a case.
Filing the Claim.
Your lawyer will discuss the parameters of the case for you and give you options. You get to decide if you wish to settle or go to trial. A lawyer will draft your case accordingly and submit it to the court when you choose.
Discovery Period.
Once your case goes to court, you get time to research, collect documents and gather evidence to build your case. You may need to interview doctors and find records on the company you’re using. Without this documentation building, a case is not possible.
Settlement, Trial, and Verdict.
The final stage is the conclusion of your case. The company you file a claim against will try to challenge your lawsuit. This may end up going to a trial and waiting on the jury for a result. If the company accepts its mistake, it may settle the affair with cash.
Wrap Up
Getting mesothelioma is a draining moment for any patient. Since this illness gets contracted due to reckless exposure, patients have the opportunity to go after the company that caused it. The legal system aids people when it comes to seeking their rights.
You get the option of a lawsuit that may go to trial or get settled. In addition, the legal framework follows a proper timeline. So you get the margin to seek a lawyer, gather evidence, and submit a good case. It would help if you never undermined fighting for your rights and pursued a claim in full throttle for yourself.
