Developing mesothelioma decades after coming into contact with asbestos at work or elsewhere can be upsetting and lead to high medical costs. However, you could have legal recourse and recover compensation. If you are suffering from mesothelioma, learning about how to file a mesothelioma lawsuit can be essential for securing your future and the future of your family. If your loved one passed away due to mesothelioma, you could file a wrongful death lawsuit and receive compensation.
Fighting a deadly disease or dealing with the loss of a loved one and handling a lawsuit at the same time can feel overwhelming. Let us take some of the weight off your shoulders. Morgan & Morgan has helped countless mesothelioma sufferers recover the compensation they need and deserve. We fight to protect people like you and hold unethical companies to account. Contact us now for a free case review to get started.
You Could Have a Mesothelioma Case
If you were diagnosed with mesothelioma, you could pursue damages by filing a personal injury lawsuit and holding a company accountable for harming your health. Generally, a lawsuit aims to secure a financial settlement for victims exposed to asbestos either at work or from a dangerous product. Depending on why the victim developed mesothelioma, claims can be paid by an employer, manufacturer, or an asbestos trust fund. Compensation can help pay for victims’ treatments and other costs arising from mesothelioma.
Generally, the types of cases victims and families impacted by mesothelioma can file include:
Personal Injury Lawsuit
If you are diagnosed with mesothelioma, you could file a personal injury lawsuit against the responsible party and seek compensation. Awards you could receive in a successful case will be based on:
- Your age
- The past, current, and future cost of medical expenses
- Lost income if you can no longer work
- Whether you have dependents
- Your degree of pain and suffering
If you believe that you could have a case, your best next step can be discussing your circumstances with a mesothelioma attorney at Morgan & Morgan who can walk you through your legal options and help you move forward with a claim.
Wrongful Death Lawsuit
If your loved one died from mesothelioma, you could pursue compensation. Depending on your state’s laws, a spouse, child, another close relative, or the representative of the decedent’s estate may be able to file a mesothelioma lawsuit. Relatives and dependents of the deceased could be entitled to damages such as loss of income, loss of companionship, and others. Since laws vary by state, consider speaking to an attorney to determine whether you could file a wrongful death lawsuit in your state.
In previous years, mesothelioma victims came together to file class-action and multi-district lawsuits against companies. When the case concluded successfully, all plaintiffs received the same amount of compensation, regardless of their injury and expenses. In some cases, that meant that those victims with high damages did not receive as much compensation as they needed for their medical treatments and other costs. Class action mesothelioma cases are generally no longer filed.
Asbestos Trust Funds
If you are not eligible to file a mesothelioma lawsuit, you could still recover damages from an asbestos trust fund. Asbestos trust funds were set up by companies exposing their workers to the toxic mineral. Once victims started filing asbestos lawsuits, many companies were seeking bankruptcy protection. The government then required companies to establish trust funds to compensate victims of asbestos exposure.
Asbestos trust funds are all different and set their own settlement amounts, which may or may not be enough to pay for a victim’s damages. To receive a settlement, mesothelioma sufferers have to file a claim with the appropriate trust fund and provide medical evidence proving their claim. We can determine all your options, whether to file a personal injury lawsuit or a claim with a trust fund. Our experienced mesothelioma lawyers can also help you file a claim with an asbestos trust fund.
How Do You Develop Mesothelioma?
The dangers of asbestos are well documented. According to the Occupational Safety and Health Administration (OSHA), breathing in asbestos can cause the formation of scar-like tissue in the lungs and eventually result in various asbestos-related diseases. Asbestos also causes mesothelioma, a fatal tumor of the tissue lining the lungs and stomach.
In most cases, to develop mesothelioma, victims must have come into contact with asbestos at one time in their lives, whether at work, at home, or elsewhere. According to the American Cancer Society, asbestos exposure is responsible for eight out of ten mesothelioma cases. Most mesothelioma sufferers, therefore, could be entitled to compensation.
What Is Mesothelioma?
Mesothelioma is an incurable cancer of the thin layer of tissue that covers some of our internal organs, such as the heart, lungs, and stomach. The most commonly diagnosed form of mesothelioma is that of the lungs. Mesothelioma symptoms can include abdominal or chest pain, shortness of breath, night sweats, unexplained weight loss, and others.
You Could Still File a Mesothelioma Lawsuit
Asbestos-related diseases, such as mesothelioma, may not show for many decades. Therefore, victims may not know or remember where they came into contact with the mineral and who would be responsible for their damages. An attorney at Morgan & Morgan can help uncover where you suffered asbestos exposure and determine whether you still have legal recourse.
You could, most likely, still file a lawsuit even if your exposure to asbestos happened many years ago. Although most states have deadlines for filing personal injury lawsuits, the time generally only starts ticking down when you received a mesothelioma diagnosis and not before. This lapse in time, which could be thirty years or more, does not affect victims’ eligibility for filing a lawsuit.
Compensation You Could Recover With a Mesothelioma Lawsuit
While compensation will differ from one mesothelioma case to another and depend on damages and expenses, you could potentially receive:
- Medical expenses and future medical costs
- The costs of hiring caregivers or home help
- Psychological counseling costs
- Rehabilitation expenses
- Lost income and future lost wages
- Awards for pain and suffering
Depending on your unique case and damages, you could qualify for other compensation.
How to File a Mesothelioma Lawsuit
To file a mesothelioma lawsuit, you will require some or all of the following:
- A medical diagnosis of mesothelioma
- Records of your medical bills and other expenses relating to the disease
- Employment records related to asbestos exposure
In some cases, simply being diagnosed with mesothelioma can qualify for filing a lawsuit or a claim. Once you have received a diagnosis, consider speaking to a mesothelioma lawyer as soon as possible. Our tenacious attorneys are committed to helping mesothelioma victims and can advise you of your legal rights.
Filing the Mesothelioma Claim
Once our attorneys have assessed your diagnosis and evidence, determined asbestos exposure, and confirmed your eligibility for filing a claim, your attorney can move forward with filing a claim or lawsuit.
After your attorney files the case, the discovery period will begin. Both sides will conduct research, examine documents, and interview witnesses during this phase. Your attorney will use the discovery period to build your case against the defendant.
Settlement or Trial
Most mesothelioma claims are resolved with an out-of-court settlement. However, occasionally, a case may go all the way to trial.
In practice, a mesothelioma claim can be complex. Victims should ensure they know all their options by seeking comprehensive legal advice from a seasoned mesothelioma attorney.
How Can Morgan & Morgan Help Me?
If you suffer from mesothelioma and are wondering how you can file a mesothelioma lawsuit, our lawyers could help. We can:
- Assess your case
- Determine where the asbestos exposure occurred
- Gather evidence to prove your case
- Identify the liable party or parties
- Provide expert witnesses
- Build a case against the responsible company
- Negotiate a fair settlement
- Take your case to trial and fight vigorously for what you deserve
Moreover, Morgan & Morgan does not want you to be out of pocket. We do not charge any attorney’s fees unless we successfully resolve your mesothelioma case and you receive compensation.