Your Right to File a Mesothelioma Law Suit
Asbestos is
the only known cause of mesothelioma. As far back as the 1950s,
most of the manufacturers of asbestos-containing products knew
that their products were harmful to workers, including the risk
of developing mesothelioma. Despite this knowledge, however, these
companies did not warn workers of these dangers or take action
to protect them.
In almost all
cases, a person who has been diagnosed with mesothelioma has the
right to recover compensation. The spouse of the person diagnosed
also has a claim for injuries.
If a person
diagnosed with mesothelioma has died, his wife, children or designated
person from the will have the right to file a mesothelioma case
against the asbestos manufacturers.
Statute
of Limitations
If you have
been diagnosed with mesothelioma or if a loved one diagnosed with
mesothelioma is deceased, your case must be filed within the statute
of limitations.
A statute of
limitations is the time by which a person must file a lawsuit
after a claim arises. If the lawsuit is not filed by that date,
the person will forever be barred from seeking compensation for
their injuries.
Each state has
its own statute of limitations for filing a lawsuit. In most cases,
the statute of limitations for filing a mesothelioma lawsuit is
one or two years from the date a person is diagnosed with the
disease or, in the case of a wrongful death, the date that a person
died of mesothelioma. It is very important to contact a mesothelioma
asbestos lawyer before the statute of limitation passes.
Contingency
Contracts – Payment to your Mesothelioma Asbestos Lawyer
Your mesothelioma
asbestos lawyer will represent you in your mesothelioma lawsuit
on a contingency basis. This means that your mesothelioma asbestos
lwayer is only paid after there has been a settlement with an
asbestos company. If there is no mesothelioma settlement, you
will not pay anything to your mesothelioma asbestos attorney.
Identifying the Manufacturers of Asbestos Products
Before you can
file a lawsuit for mesothelioma, your mesothelioma asbestos lawyer
must know the asbestos companies to sue. It is your mesothelioma
asbestos lawyer’s job to find out about your asbestos exposure
and which companies to include in the mesothelioma lawsuit.
To do this,
your mesothelioma asbestos attorney will find out when and where
you were exposed to asbestos products, and what type of jobs you
did. After this, your mesothelioma asbestoslawyer will show you
photographs of asbestos products that you may have been exposed
to see if you recognize any of the products. In addition, if you
have trouble remembering the products, your mesothelioma asbestos
lawyer will investigate the locations where you worked and talk
with co-workers to find out more about the asbestos products.
Filing
the Mesothelioma Law Suit
After your mesothelioma
asbestos attorney has identified the asbestos companies, your
mesothelioma law firm will file a lawsuit naming those companies
as defendants. Your case will not be filed as a class action.
It will be filed as an individual mesothelioma lawsuit.
Your mesothelioma
case will be filed in the state that your asbestos lawyer determines
will provide you with the best chances of recovering the most
compensation. This may not be the state where you live or where
you were exposed because of differences in the laws of each state.
If your case is not filed where you live, you will not have to
pay more than if it the lawsuit were filed in your state.
Some of the
companies responsible for your mesothelioma cannot be sued in
court because they have been granted protection under the bankruptcy
laws. Many of those companies, however, have set aside significant
amounts of money to pay for injuries from their asbestos products.
Although these companies will not be part of the filed lawsuit,
your mesothelioma asbestos attorneys will recover settlements
of your claims from these companies as well.
Compensation
for your Mesothelioma Injuries
You are entitled
to different types of compensation for the injuries you have suffered
from Mesothelioma. These damages include lost income and future
lost income, current and future medical expenses, compensation
for your and your family’s pain and suffering, and, in some
cases, punitive damages against the asbestos companies because
of their conduct.
The amount
of compensation for your mesothelioma injuries will depend on
a number of factors, such as the extent of your exposure, the
products you were exposed to, the dates and locations of your
asbestos exposure, and the experience and resources of your mesothelioma
asbestos attorneys. Although this amount varies significantly,
the average mesothelioma case settles in the range of $750,000
to $8 million. See Verdicts and Settlements.