Getting sick or dying from cancer or any disease is a devastating situation for a family. It has been an uphill battle for mesothelioma patients to make the people responsible compensate them for their suffering. If you or your family bear the burden of a mesothelioma diagnosis, then know that filing a lawsuit to recover damages is likely your best course of action. Here’s everything you should know about mesothelioma claims:
Types of Claims Available
Personal Injury Lawsuit
You can file a personal injury claim against the establishments that caused your exposure to asbestos if you are diagnosed with malignant mesothelioma. Most of the cases find companies guilty of asbestos liability when they fail to inform their employees or clients about the risks of asbestos exposure.
Wrongful Death Lawsuits
To this day, malignant mesothelioma does not have any known cure and most patient’s progress rapidly. Often their condition results in their demise. When this happens, the family of the deceased may choose to file a wrongful death claim. The claim can ask for compensation to include medical expenses, lost wages, and funeral costs. There may be instances when the victim who files for a personal injury claim may die due to the disease. In this case, the estate may elevate the personal injury lawsuit to a wrongful death claim.
Why Should You File a Mesothelioma Lawsuit
The treatment process of mesothelioma can be lengthy. Filing for a claim can help alleviate the burden of paying for medical costs.
How to File for a Mesothelioma Lawsuit
Look for a Lawyer
Mesothelioma lawsuits are a special type of claim. That said, it is crucial that your lawyer is knowledgeable and has extensive experience handling such cases. You should ensure that you are working with a top-caliber law firm like Bergman Legal to help you in your cause.
Build Your Case
You should help by recounting accurate details about your asbestos exposure once you have a lawyer to represent you. Details should include the years of your work and what kind of work you did that increased your exposure to the substance. It would help if you also strengthen your case by providing relevant medical records.
File Your Mesothelioma Lawsuit
Once you and your lawyer agree that you have a strong case and the research has been conducted, it’s time to file. Your lawyer will advise you about what damages you can seek to recover. They are also responsible for filing the lawsuit as your representative. Once they file your claim, they can advise on whether to proceed or agree on a settlement.
Checking Your Eligibility
You should first determine whether you are eligible to file a lawsuit before going to the trouble of filing. In general, your eligibility depends on the following:
- You should be able to provide proper documentation of your mesothelioma diagnosis. Your records should include medical certifications from physicians from cancer centers where the diagnosis was made or where you were treated.
- Your asbestos exposure records should be complete. You should be ready to provide substantial evidence to prove that you were exposed to asbestos because of the negligence of another. Getting testimonies and employment records can help strengthen your case.
- The time of your filing is within the statute of limitations for your illness.
Note, however, that mesothelioma can develop years after the initial exposure. As such, there is a possibility that the liable company has already closed or filed for bankruptcy. In such cases, your lawyer may advise you to submit a trust fund claim instead.
Now that you know all the essential details about filing a mesothelioma case, you may start looking for lawyers and collecting evidence to help you build your case and get the compensation you deserve. Please check out our other articles to learn more about filing for lawsuits.