How Long Do Mesothelioma Claims Take: A Comprehensive Guide

Greetings to our esteemed audience. It is quite unfortunate that a lot of people have been exposed to asbestos, leading to the development of mesothelioma. Mesothelioma is a rare form of cancer that affects the lining of the lungs, abdomen, or heart.

If you or anyone you know has been diagnosed with mesothelioma, you might be wondering how long mesothelioma claims take to get resolved. In this article, we will provide you with all the information you need to know about mesothelioma claims and the duration it takes to get compensation.

What is Mesothelioma?

Mesothelioma is a type of cancer caused by exposure to asbestos. Asbestos is a naturally occurring mineral that was widely used in construction and manufacturing industries because of its heat-resistant properties. When asbestos fibers are inhaled, they get trapped in the lining of the lungs, abdomen, or heart, causing inflammation and eventually leading to the development of cancer.

It is important to note that mesothelioma has a long latency period, which means that symptoms might not show until 20-50 years after exposure to asbestos. This makes it difficult for mesothelioma victims to trace the exact time and place of exposure, leading to complexities in the claims process.

What Are Mesothelioma Claims?

Mesothelioma claims are legal actions taken by victims of mesothelioma to seek compensation for damages caused by exposure to asbestos. Compensation can be sought for medical expenses, lost wages, pain and suffering, and other damages resulting from the disease.

Victims of mesothelioma can file claims against manufacturers, suppliers, contractors, and other entities involved in the use of asbestos. If the victim has passed away, their family members can file a wrongful death claim.

How Long Do Mesothelioma Claims Take?

The duration of mesothelioma claims varies depending on a number of factors. Generally, the claims process can take anywhere between 6 months to 2 years.

The following factors can affect the duration of mesothelioma claims:

Factor	Description
Nature of the case	The complexity of the case and the number of defendants involved can prolong the claims process.
State laws	State laws vary, and some states have shorter or longer statutes of limitations for mesothelioma claims.
Medical evidence	The need for extensive medical evidence and examinations can prolong the claim process.
Claims process type	The type of claims process, either settlement or trial, can affect how long the case takes to be resolved.

Frequently Asked Questions about Mesothelioma Claims

1. What is the average settlement for mesothelioma claims?

The average settlement for mesothelioma claims is difficult to determine because every case is unique. Factors like the severity of the illness and the number of defendants involved can affect the settlement amount.

2. Can I file a mesothelioma claim if I am not sure when or where I was exposed to asbestos?

Yes, you can still file a mesothelioma claim even if you are not sure when or where you were exposed to asbestos. Mesothelioma lawyers can help you trace the source of exposure and build a strong case on your behalf.

3. Is there a time limit to file a mesothelioma claim?

Yes, there is a time limit known as the statute of limitations for filing a mesothelioma claim. The statute of limitations varies depending on the state, and it usually starts from the time of diagnosis or death.

4. Can I file a mesothelioma claim if the company responsible for my exposure is no longer in business?

Yes, you can still file a mesothelioma claim even if the company responsible for your exposure is no longer in business. Mesothelioma trusts have been set up to compensate victims of asbestos exposure even if the responsible company has gone out of business.

5. Will I have to go to court to resolve my mesothelioma claim?

Not necessarily. Most mesothelioma claims are settled out of court to avoid the lengthy and expensive trial process. However, if a settlement cannot be reached, the case may proceed to trial.

6. How much does it cost to hire a mesothelioma lawyer?

Most mesothelioma lawyers work on a contingency fee basis, which means that they only get paid if you win the case. The fees vary but are usually a percentage of the settlement or award.

7. How can I find a reputable mesothelioma lawyer?

You can find a reputable mesothelioma lawyer by researching online, checking with the local bar association, and getting referrals from friends or family members who have used their services.

8. How long does it take to receive compensation after settling a mesothelioma claim?

It can take anywhere between a few weeks to a few months to receive compensation after settling a mesothelioma claim. The duration depends on the terms of the settlement agreement.

9. Can I negotiate the settlement amount for my mesothelioma claim?

Yes, you can negotiate the settlement amount for your mesothelioma claim. Your lawyer can help you negotiate with the defendants to reach a favorable settlement amount.

10. Will my settlement be taxed?

In most cases, no. Compensation received from a mesothelioma claim is usually not taxable. However, it is advisable to seek advice from a tax professional to understand how the compensation might affect your taxes.

11. Can I file a mesothelioma claim even if I was exposed to asbestos in the military?

Yes, you can file a mesothelioma claim even if you were exposed to asbestos in the military. Veterans can file claims with the Veterans Administration and seek compensation from asbestos trusts.

12. Can I file a mesothelioma claim in more than one state?

Yes, you can file a mesothelioma claim in more than one state if you were exposed to asbestos in multiple states. Your lawyer can help you file claims in different states and ensure that you get compensated for all damages incurred.

13. Can I file a mesothelioma claim if I live outside the United States?

Yes, you can file a mesothelioma claim if you live outside the United States. Mesothelioma lawyers can help you file claims and seek compensation for damages regardless of your location.

Conclusion

In conclusion, mesothelioma claims can take anywhere between 6 months to 2 years to get resolved. Factors like the complexity of the case, state laws, medical evidence, and the type of claims process can affect the duration of the claims process.

It is important to seek the services of a reputable mesothelioma lawyer to guide you through the claims process and ensure that you get the compensation you deserve for damages caused by exposure to asbestos.

Take Action Now!

If you or anyone you know has been diagnosed with mesothelioma, do not hesitate to seek the services of a mesothelioma lawyer. Time is of the essence, and the earlier you file a claim, the better your chances of getting compensated for damages.

Disclaimer

The information provided in this article is for educational purposes only and should not be considered as legal advice. Please consult a licensed mesothelioma lawyer for professional assistance with your claims process.