Lawsuit for Mesothelioma 2020: Understanding Your Legal Rights

Are you or someone you love suffering from mesothelioma? If so, you are not alone. This rare and aggressive form of cancer is caused by exposure to asbestos, and it can have devastating effects on your health and your quality of life. Fortunately, there are legal options available to you, including filing a lawsuit for mesothelioma.

What is Mesothelioma?

Mesothelioma is a type of cancer that affects the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos, which is a naturally occurring mineral that was used in a wide range of industrial and commercial applications throughout the 20th century. When asbestos fibers are inhaled or ingested, they can become lodged in the body, leading to inflammation, scarring, and ultimately cancer.

What are the Symptoms of Mesothelioma?

The symptoms of mesothelioma can vary depending on the location of the cancer, but common symptoms include:

Common Symptoms of Mesothelioma
Shortness of breath
Chest pain
Persistent cough
Fatigue
Weight loss
Abdominal pain or swelling
Irritation in the eyes or skin

What are Your Legal Rights?

If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation through a lawsuit. The legal process can be complex and time-consuming, but with the help of an experienced mesothelioma lawyer, you can pursue the compensation you deserve.

What Types of Compensation are Available?

There are several types of compensation available through a mesothelioma lawsuit, including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Wrongful death benefits

How Can You Choose the Right Mesothelioma Lawyer?

Choosing the right mesothelioma lawyer is critical to the success of your lawsuit. Look for a lawyer who has experience handling mesothelioma cases, a track record of success, and a compassionate and understanding approach to working with clients.

The Process of Filing a Lawsuit for Mesothelioma

The process of filing a lawsuit for mesothelioma can be broken down into several steps:

Step 1: Consult with a Mesothelioma Lawyer

The first step in the process is to consult with a mesothelioma lawyer. During this initial consultation, the lawyer will review your case, explain your legal options, and answer any questions you may have about the process.

Step 2: Investigation and Discovery

After you have hired a lawyer, they will conduct a thorough investigation into your case. This may include reviewing medical records, interviewing witnesses, and gathering other evidence to support your claim.

Step 3: Filing the Lawsuit

Once the investigation is complete, your lawyer will file the lawsuit on your behalf. This will include a complaint, which outlines the details of your case and the damages being sought.

Step 4: Pre-Trial Proceedings

After the lawsuit has been filed, there may be a period of pre-trial proceedings. This may include motions, depositions, and other legal procedures designed to prepare the case for trial.

Step 5: Settlement Negotiations

Before the case goes to trial, there may be opportunities to negotiate a settlement with the defendants. This can help you avoid the time and expense of a trial, but it is important to work with your lawyer to ensure that any settlement offer is fair and adequate.

Step 6: Trial

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present evidence and arguments, and a judge or jury will make a final determination.

Step 7: Appeal

If the outcome of the trial is not satisfactory, either side may file an appeal. This can prolong the legal process, but it is an important option for ensuring that justice is served.

Frequently Asked Questions About Lawsuits for Mesothelioma

1. Is there a time limit for filing a lawsuit for mesothelioma?

Yes, there is a statute of limitations for filing a lawsuit for mesothelioma. The specific time frame varies depending on the state, but it is typically between 1 and 3 years from the time of diagnosis.

2. Can I file a lawsuit on behalf of a loved one who has passed away from mesothelioma?

Yes, you may be able to file a wrongful death lawsuit on behalf of a loved one who has passed away from mesothelioma.

3. 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 your case. The percentage of the settlement or verdict that the lawyer receives will vary depending on the specifics of your case.

4. Is there a risk of losing my job if I file a lawsuit for mesothelioma?

No, it is illegal for your employer to retaliate against you for filing a lawsuit for mesothelioma.

5. How long does a mesothelioma lawsuit take to resolve?

The length of time it takes to resolve a mesothelioma lawsuit can vary depending on the specifics of your case. Some cases may be resolved in a matter of months, while others may take several years to reach a conclusion.

6. Can I file a lawsuit even if I don’t know where I was exposed to asbestos?

Yes, it is possible to file a lawsuit for mesothelioma even if you are not sure where you were exposed to asbestos. A mesothelioma lawyer can help you determine the source of your exposure.

7. What happens if I am awarded a settlement or verdict in my favor?

If you are awarded a settlement or verdict in your favor, you will receive the agreed-upon amount of compensation. Your lawyer will work with you to ensure that the funds are distributed fairly and appropriately.

8. Are there any tax implications associated with mesothelioma compensation?

The tax implications of mesothelioma compensation can vary depending on the specifics of your case. It is important to work with a tax professional to ensure that you are complying with all applicable laws and regulations.

9. Can I pursue compensation even if I was not diagnosed with mesothelioma?

If you have been diagnosed with another asbestos-related illness, such as asbestosis or lung cancer, you may still be able to pursue compensation through a lawsuit.

10. Do I have to go to court to file a lawsuit for mesothelioma?

While it is possible to settle a mesothelioma lawsuit out of court, it is also possible that the case will go to trial. Your lawyer will work with you to determine the best course of action based on the specifics of your case.

11. Can I file a lawsuit if I was exposed to asbestos while serving in the military?

Yes, it is possible to file a lawsuit for mesothelioma if you were exposed to asbestos while serving in the military.

12. Can I file a lawsuit if I was exposed to asbestos at my workplace?

Yes, if you were exposed to asbestos at your workplace, you may be able to file a lawsuit for mesothelioma against your employer or the manufacturer of the asbestos-containing products.

13. How can I get started with filing a lawsuit for mesothelioma?

The first step in filing a lawsuit for mesothelioma is to consult with a mesothelioma lawyer. They can help you understand your legal options and guide you through the process of pursuing compensation.

Conclusion

If you or someone you love has been diagnosed with mesothelioma, it is important to understand your legal options. Filing a lawsuit for mesothelioma can help you pursue the compensation you deserve and hold the responsible parties accountable. With the help of an experienced mesothelioma lawyer, you can navigate the legal process with confidence and peace of mind.

Don’t wait – contact a mesothelioma lawyer today to learn more about how you can protect your legal rights.

Note: This article is for informational purposes only and should not be construed as legal advice. Consult with a qualified mesothelioma lawyer to discuss your specific case.