Are you or a loved one suffering from mesothelioma due to asbestos exposure? Pursuing a lawsuit against those responsible can help you receive compensation for medical bills, lost wages, and other damages. Here is a comprehensive guide to mesothelioma lawsuit settlements.
What is Mesothelioma?
Mesothelioma is a rare but aggressive form of cancer that affects the lining of the lungs, heart, or abdomen. It is caused by exposure to asbestos, a fibrous mineral that was widely used in construction, shipbuilding, and other industries throughout the 20th century.
Symptoms of mesothelioma may not appear for 20-50 years after exposure to asbestos, and there is currently no known cure. Treatment options include surgery, chemotherapy, and radiation therapy.
What Causes Mesothelioma?
The primary cause of mesothelioma is exposure to asbestos. Asbestos fibers can become airborne when materials containing it are disturbed, such as during construction or demolition. Once inhaled, the fibers can become lodged in the lining of the lungs, heart, or abdomen and cause damage over time.
Who is at Risk for Mesothelioma?
Those who have worked in industries that use or produce asbestos products are at the highest risk of developing mesothelioma. This includes construction workers, mechanics, shipbuilders, and others who may have been exposed to asbestos in the workplace. Additionally, family members of those who have worked with asbestos may also be at risk due to secondhand exposure.
What is a Mesothelioma Lawsuit Settlement?
A mesothelioma lawsuit settlement is an agreement reached between a mesothelioma victim and the party responsible for their asbestos exposure, such as an employer or product manufacturer. The settlement provides compensation for the victim’s medical expenses, lost wages, and other damages resulting from their illness.
What is the Average Mesothelioma Lawsuit Settlement?
The average mesothelioma lawsuit settlement can vary widely depending on the specific circumstances of the case. Factors that can influence the settlement amount include the severity of the illness, the level of negligence on the part of the responsible party, and the availability of evidence to support the victim’s claim.
|Factors Influencing Amount
|$1 million to $1.4 million
|Early diagnosis, high levels of asbestos exposure, and strong evidence of negligence
|$500,000 to $1 million
|Moderate levels of asbestos exposure and evidence of negligence
|Less than $500,000
|Low levels of asbestos exposure and minimal evidence of negligence
How to File a Mesothelioma Lawsuit
If you or a loved one has been diagnosed with mesothelioma, it is important to seek legal advice from an experienced mesothelioma attorney. They can help you determine whether you have a case and guide you through the legal process.
What are the Steps in a Mesothelioma Lawsuit?
The following are the typical steps involved in filing a mesothelioma lawsuit:
- Finding an experienced mesothelioma lawyer
- Gathering evidence to support your claim
- Filing the lawsuit and serving the defendant
- The discovery process, where both parties exchange evidence and information
- A pre-trial conference or mediation to attempt to reach a settlement
- A trial, if a settlement cannot be reached
- The appeals process, if either party disagrees with the outcome of the trial
Mesothelioma Lawsuit Settlement FAQs
1. Can I File a Mesothelioma Lawsuit if I am Not Sick Yet?
Yes, you can file a mesothelioma lawsuit if you have been diagnosed with an asbestos-related illness or if you have been exposed to asbestos and are concerned about potential health effects in the future.
2. How Long Does it Take to Receive a Mesothelioma Lawsuit Settlement?
The length of time it takes to receive a mesothelioma lawsuit settlement can vary widely depending on the specific circumstances of the case. Some settlements may be reached in a matter of months, while others may take several years to resolve.
3. Do I Need to Go to Court to Receive a Mesothelioma Settlement?
Not necessarily. Many mesothelioma lawsuits are settled out of court through negotiations between the victim’s attorney and the defendant’s legal team. However, if a settlement cannot be reached, the case may go to trial.
4. How Much Does it Cost to File a Mesothelioma Lawsuit?
Most mesothelioma attorneys work on a contingency fee basis, meaning they only receive payment if you win your case. In most cases, the fee ranges from 33% to 40% of the settlement or award amount.
5. Can I File a Mesothelioma Lawsuit if I am a Veteran?
Yes, veterans who were exposed to asbestos during their service may be eligible to file a mesothelioma lawsuit against the government or a defense contractor. Contact an experienced mesothelioma attorney for more information.
6. What Evidence is Needed to Win a Mesothelioma Lawsuit?
To win a mesothelioma lawsuit, you will need to provide evidence that links your illness to asbestos exposure and demonstrates negligence on the part of the responsible party. This evidence may include medical records, work history, and testimony from medical experts.
7. Can I Sue Several Companies for My Mesothelioma?
Yes, you may be able to sue multiple companies if you were exposed to asbestos from more than one source. Your attorney can help you determine which companies may be liable and how to pursue a lawsuit against each one.
8. Can Family Members File a Lawsuit if Their Loved One Dies of Mesothelioma?
Yes, family members may be able to file a wrongful death lawsuit if their loved one dies of mesothelioma. This lawsuit can provide compensation for medical expenses, lost income, and other damages resulting from the death.
9. What Damages Can I Recover in a Mesothelioma Lawsuit?
You may be able to recover damages for medical expenses, lost wages, and pain and suffering resulting from your mesothelioma diagnosis. In some cases, you may also be able to recover punitive damages, which are intended to punish the responsible party for their negligence.
10. Can I Receive Workers’ Compensation for Mesothelioma?
Yes, in some cases you may be able to receive workers’ compensation for mesothelioma. However, this will depend on the specific laws in your state and the circumstances of your case.
11. How Do I Choose a Mesothelioma Attorney?
When choosing a mesothelioma attorney, look for one with experience handling similar cases and a track record of success. You should also feel comfortable working with the attorney and trust their expertise and guidance.
12. What Should I Expect During a Mesothelioma Lawsuit?
You can expect the mesothelioma lawsuit process to be complex and time-consuming. However, an experienced attorney can guide you through each step and help you understand what to expect at each stage of the process.
13. What Happens if I Lose my Mesothelioma Lawsuit?
If you lose your mesothelioma lawsuit, you will not receive compensation for your medical expenses, lost wages, and other damages. However, you may still be able to appeal the decision or pursue other legal options.
Asbestos exposure can lead to devastating health consequences, including mesothelioma. If you or a loved one has been diagnosed with mesothelioma, pursuing a lawsuit against those responsible can provide much-needed compensation for medical bills, lost wages, and other damages. By working with an experienced mesothelioma attorney and understanding the legal process, you can increase your chances of a successful outcome.
Don’t wait – reach out to a mesothelioma attorney today to learn more about your legal options.
This article is for informational purposes only and does not constitute legal advice. Consult with a licensed attorney for specific legal advice regarding your individual case.