Mesothelioma Liability: Understanding Your Legal Rights

The Dangers of Asbestos Exposure

Asbestos was once widely used in a variety of industries due to its fire-resistant properties. However, this naturally occurring mineral has since been linked to a number of serious health conditions, including mesothelioma. Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs, heart, or abdomen.

While asbestos is no longer used in many products, individuals who worked in certain industries prior to the 1980s may have been exposed to this toxic material on a regular basis. If you or a loved one has been diagnosed with mesothelioma, it’s important to understand your legal rights and options.

Mesothelioma Liability: Who is Responsible?

If you’ve been diagnosed with mesothelioma as a result of asbestos exposure, you may be entitled to compensation from one or more of the parties responsible for your exposure. These parties can include:

Party Description
Employers If you were exposed to asbestos while on the job, your employer may be liable for your damages.
Manufacturers If you were exposed to asbestos through a product, the manufacturer of that product may be held accountable.
Property Owners If you were exposed to asbestos in a building or on a property, the owner of that property may be liable.

It’s important to note that you may be able to file a claim even if the responsible party has since gone out of business or been dissolved.

FAQs About Mesothelioma Liability

1. How long do I have to file a mesothelioma claim?

The statute of limitations for filing a mesothelioma claim varies by state, but is generally between one and five years. It’s important to speak with an attorney as soon as possible to ensure you don’t miss your window of opportunity.

2. Do I need an attorney to file a mesothelioma claim?

While you’re not required to have an attorney to file a claim, it’s highly recommended. An experienced mesothelioma attorney can help you navigate the complex legal process and ensure you receive the compensation you’re entitled to.

3. What types of damages can I recover in a mesothelioma claim?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to your mesothelioma diagnosis.

4. How much does it cost to hire a mesothelioma attorney?

Most mesothelioma attorneys work on a contingency basis, meaning you don’t pay anything unless they win your case. The exact percentage will vary by attorney, but is typically between 25% and 40% of your settlement or verdict.

5. Will I have to go to court if I file a mesothelioma claim?

It’s possible, but most mesothelioma cases are settled out of court. An experienced attorney can help negotiate a fair settlement on your behalf.

6. Can I still file a claim if I don’t know where or when I was exposed to asbestos?

Yes, you may still be able to file a claim even if you’re not sure where or when your exposure occurred. A mesothelioma attorney can help investigate your case and identify potential sources of exposure.

7. How long does it take to resolve a mesothelioma claim?

The length of time it takes to resolve a mesothelioma claim varies, but it can take anywhere from several months to a few years.

8. Can family members file a mesothelioma claim on behalf of a deceased loved one?

Yes, family members may be eligible to file a wrongful death claim on behalf of their loved one who passed away as a result of mesothelioma.

9. What if I was exposed to asbestos while serving in the military?

Individuals who were exposed to asbestos while serving in the military may be eligible for compensation through the VA. It’s important to speak with an attorney who has experience with military mesothelioma cases.

10. Can I file a mesothelioma claim if I was exposed to asbestos outside of the workplace?

Yes, individuals who were exposed to asbestos outside of the workplace may still be eligible to file a claim. This can include exposure in schools, homes, or other public buildings.

11. What should I do if I’ve been diagnosed with mesothelioma?

Seek medical treatment as soon as possible and speak with an experienced mesothelioma attorney to explore your legal options.

12. How much compensation can I expect to receive in a mesothelioma claim?

The amount of compensation you may receive will vary based on a number of factors, including the severity of your condition, your age, and other factors. An attorney can help estimate the potential value of your claim.

13. Will filing a mesothelioma claim affect my Social Security benefits?

Filing a mesothelioma claim should not affect your Social Security benefits, but it’s important to speak with an attorney to ensure your rights are protected.

Taking Action: Protect Your Legal Rights

If you or a loved one has been diagnosed with mesothelioma, it’s important to act quickly to protect your legal rights. An experienced mesothelioma attorney can help you explore your options and pursue the compensation you deserve. Don’t wait – contact an attorney today to schedule a free consultation.

Disclaimer

The information in this article is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed attorney with any questions you may have regarding your legal rights and options.