lawsuit mesothelioma
If you or a family member is diagnosed with mesothelioma or another deadly, asbestos-related disease, it is well worth your time to reach out to a qualified mesothelioma attorney with the experience and expertise to help you receive the maximum compensation due to you. Since every case is unique, the amount that you could receive through a settlement or a verdict at trial depends on many factors.
This page provides information about the lawsuit process as well as some additional details to help you make an informed decision when seeking out a lawyer who specializes in mesothelioma lawsuits.
Types of Mesothelioma Lawsuits
There are two primary types of actions that can be filed with respect to mesothelioma: personal injury and wrongful death. Which type of complaint gets filed depends on whether the mesothelioma victim is still alive and who is filing the lawsuit.
Personal Injury
Upon receiving a mesothelioma diagnosis (or a diagnosis of some other asbestos-related disease), you can file a personal injury lawsuit. Given the length of time that diseases like mesothelioma can take to manifest (usually several decades or more), it can be hard to figure out exactly where the asbestos exposure that led to the disease occurred. Therefore, it’s important to contact a mesothelioma lawyer right away after your diagnosis to get the process started so that you don’t lose your legal rights to compensation due to expired statutes of limitations.
Wrongful Death
If, unfortunately, a victim passes away before being able to file a complaint, family members may be able to file a lawsuit on his/her behalf for wrongful death. As with personal injury, wrongful death claims also have a statute of limitations – although in some states, wrongful death statutes are much shorter than personal injury statutes.
If a loved one has died of mesothelioma, you should be sure to contact a knowledgeable attorney as soon as possible so that you can discuss your rights and initiate the legal process of filing a claim. It can sometimes take longer to research medical and occupational histories of deceased mesothelioma victims, since family members may not always be aware of where their loved ones lived or worked in decades past.
When to File
The length of time that you have to file a mesothelioma lawsuit – known as the statute of limitations – varies from state to state, and it depends on which type of complaint (personal injury or wrongful death) is being filed. If you don’t start your lawsuit within the appropriate timeframe, you could lose all rights to any compensation you might otherwise receive.
Generally, the clock starts ticking from the date of diagnosis (for personal injury) or the date of death (for wrongful death). For a state-by-state list of lawsuit filing limits, see our Mesothelioma Statute of Limitations table.
Lawsuit Process
While every mesothelioma lawsuit is different, there is a succession of steps that every case will need to follow.
Step 1: Free Consultation
Before filing a lawsuit for your mesothelioma diagnosis, we will meet with you for a free consultation to talk about the various parts of the process. This will give you an opportunity to ask any questions you might have or go over any concerns about the legal process.
This free consultation gives us an opportunity to understand more about the way that you or your loved one might have been exposed to asbestos. We’ll also discuss your medical history, including your diagnosis, with respect to mesothelioma and other asbestos-related diseases.
Step 2: Research Work & Medical History
Once the initial consult is completed and you choose to pursue a lawsuit, our experienced mesothelioma lawyers will start collecting data to help build your case, including:
Medical reports from facilities where you (or your loved one) were treated for mesothelioma
Employment history, military service records, union membership, and other documents that support your employment history
Statements from witnesses such as co-workers, family members, friends, and product-identification specialists
All of this information will help us build your case to make it as strong as possible.
Step 3: Asbestos Trust Recovery
Once we have collected all the necessary information, we will investigate the possibility of receiving compensation through an asbestos trust fund. These trust funds are created by companies who have previously admitted liability for asbestos-related damages, and if your situation matches one or more trusts’ exposure criteria, it’s possible you will be able to receive remuneration quickly.
Our attorneys are very familiar with asbestos trust requirements, and we have successfully submitted many claims on behalf of our clients who qualify.
Step 4: Other Recovery Options
Not every company that makes or has made products containing asbestos has a trust. Therefore, after evaluating the potential for compensation through asbestos trust funds, we will also assess whether your case may merit an action against any companies who have not yet fully admitted their asbestos liability. Over the course of one to two months, our attorneys will look at the various options available and provide guidance about the best course of action based on your individual case.
Step 5: Choosing the Complaint Venue
Before filing a complaint, it’s extremely important to choose the most appropriate venue. Which venue is best for your lawsuit can be affected by a number of different factors, such as:
Calendars and scheduling concerns
The process timeframe
Settlement and verdict history
Local and state laws
Mesothelioma lawsuits may be filed in any forum where a client has lived, worked, or served in the military. There are also a number of “open forum” states that may allow filing, if no other suitable venue is readily available.
Step 6: Filing the Lawsuit
Once the venue is determined, we will file a formal complaint on your behalf. The complaint will detail a number of legal causes of action against the asbestos company (or companies) that are likely culpable in causing or contributing to the mesothelioma diagnosis at the heart of the suit. The number of defendants (companies) named in the initial complaint will depend on both the type of mesothelioma that the victim was diagnosed with and the amount of exposure that person experienced.
Step 7: Discovery Phase
Upon filing the lawsuit, the legal process will move to the discovery phase, where lawyers on both sides will present information in an effort to either support the complaint (plaintiff) or undercut it (defendant). During this period, both sides will file various motions, usually with the intent of trying to reach some kind of financial settlement before the case goes to a full trial.
In most cases, the lawsuit will never reach the next stage of the legal process. Instead, most complaints will be settled before getting to trial. On the rare occasion that a mesothelioma lawsuit does go to trial – which will only happen with your consent – our attorneys have the experience, knowledge, and competence to see it all the way through.
This page provides information about the lawsuit process as well as some additional details to help you make an informed decision when seeking out a lawyer who specializes in mesothelioma lawsuits.
Types of Mesothelioma Lawsuits
There are two primary types of actions that can be filed with respect to mesothelioma: personal injury and wrongful death. Which type of complaint gets filed depends on whether the mesothelioma victim is still alive and who is filing the lawsuit.
Personal Injury
Upon receiving a mesothelioma diagnosis (or a diagnosis of some other asbestos-related disease), you can file a personal injury lawsuit. Given the length of time that diseases like mesothelioma can take to manifest (usually several decades or more), it can be hard to figure out exactly where the asbestos exposure that led to the disease occurred. Therefore, it’s important to contact a mesothelioma lawyer right away after your diagnosis to get the process started so that you don’t lose your legal rights to compensation due to expired statutes of limitations.
Wrongful Death
If, unfortunately, a victim passes away before being able to file a complaint, family members may be able to file a lawsuit on his/her behalf for wrongful death. As with personal injury, wrongful death claims also have a statute of limitations – although in some states, wrongful death statutes are much shorter than personal injury statutes.
If a loved one has died of mesothelioma, you should be sure to contact a knowledgeable attorney as soon as possible so that you can discuss your rights and initiate the legal process of filing a claim. It can sometimes take longer to research medical and occupational histories of deceased mesothelioma victims, since family members may not always be aware of where their loved ones lived or worked in decades past.
When to File
The length of time that you have to file a mesothelioma lawsuit – known as the statute of limitations – varies from state to state, and it depends on which type of complaint (personal injury or wrongful death) is being filed. If you don’t start your lawsuit within the appropriate timeframe, you could lose all rights to any compensation you might otherwise receive.
Generally, the clock starts ticking from the date of diagnosis (for personal injury) or the date of death (for wrongful death). For a state-by-state list of lawsuit filing limits, see our Mesothelioma Statute of Limitations table.
Lawsuit Process
While every mesothelioma lawsuit is different, there is a succession of steps that every case will need to follow.
Step 1: Free Consultation
Before filing a lawsuit for your mesothelioma diagnosis, we will meet with you for a free consultation to talk about the various parts of the process. This will give you an opportunity to ask any questions you might have or go over any concerns about the legal process.
This free consultation gives us an opportunity to understand more about the way that you or your loved one might have been exposed to asbestos. We’ll also discuss your medical history, including your diagnosis, with respect to mesothelioma and other asbestos-related diseases.
Step 2: Research Work & Medical History
Once the initial consult is completed and you choose to pursue a lawsuit, our experienced mesothelioma lawyers will start collecting data to help build your case, including:
Medical reports from facilities where you (or your loved one) were treated for mesothelioma
Employment history, military service records, union membership, and other documents that support your employment history
Statements from witnesses such as co-workers, family members, friends, and product-identification specialists
All of this information will help us build your case to make it as strong as possible.
Step 3: Asbestos Trust Recovery
Once we have collected all the necessary information, we will investigate the possibility of receiving compensation through an asbestos trust fund. These trust funds are created by companies who have previously admitted liability for asbestos-related damages, and if your situation matches one or more trusts’ exposure criteria, it’s possible you will be able to receive remuneration quickly.
Our attorneys are very familiar with asbestos trust requirements, and we have successfully submitted many claims on behalf of our clients who qualify.
Step 4: Other Recovery Options
Not every company that makes or has made products containing asbestos has a trust. Therefore, after evaluating the potential for compensation through asbestos trust funds, we will also assess whether your case may merit an action against any companies who have not yet fully admitted their asbestos liability. Over the course of one to two months, our attorneys will look at the various options available and provide guidance about the best course of action based on your individual case.
Step 5: Choosing the Complaint Venue
Before filing a complaint, it’s extremely important to choose the most appropriate venue. Which venue is best for your lawsuit can be affected by a number of different factors, such as:
Calendars and scheduling concerns
The process timeframe
Settlement and verdict history
Local and state laws
Mesothelioma lawsuits may be filed in any forum where a client has lived, worked, or served in the military. There are also a number of “open forum” states that may allow filing, if no other suitable venue is readily available.
Step 6: Filing the Lawsuit
Once the venue is determined, we will file a formal complaint on your behalf. The complaint will detail a number of legal causes of action against the asbestos company (or companies) that are likely culpable in causing or contributing to the mesothelioma diagnosis at the heart of the suit. The number of defendants (companies) named in the initial complaint will depend on both the type of mesothelioma that the victim was diagnosed with and the amount of exposure that person experienced.
Step 7: Discovery Phase
Upon filing the lawsuit, the legal process will move to the discovery phase, where lawyers on both sides will present information in an effort to either support the complaint (plaintiff) or undercut it (defendant). During this period, both sides will file various motions, usually with the intent of trying to reach some kind of financial settlement before the case goes to a full trial.
In most cases, the lawsuit will never reach the next stage of the legal process. Instead, most complaints will be settled before getting to trial. On the rare occasion that a mesothelioma lawsuit does go to trial – which will only happen with your consent – our attorneys have the experience, knowledge, and competence to see it all the way through.
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