Mesotheilioma Lawsuits
It has long been established that many companies were well aware of the dangers associated with asbestos exposure as early as the 1920s (and physicians had noted connections between asbestos and lung disease up to two decades earlier). The dangers were known long before most companies made any effort to protect their employees from asbestos exposure, and the first recorded case of worker’s compensation for a condition resulting from asbestos exposure was way back in 1927.
The evidence for a connection between asbestos and serious diseases has been mounting for many decades, but even though the link was well established in the early twentieth century, many asbestos companies ignored the risks for decades – preferring to put profit ahead of worker safety. The tragic result of this is that hundreds of thousands of Americans have become ill or died as a result of asbestos exposure and the resulting health problems.
In the majority of individual cases of mesotheilioma, it can be proven that one or more companies involved in the asbestos industry is responsible for the asbestos exposure and the resulting cancer. Between 700,000 and 800,000 Americans have already claimed compensation via a lawsuit or settlement based on their asbestos disease.
Taking Legal Action
If you or a loved one has developed mesotheilioma, you can attempt to claim compensation via a personal injury lawsuit or settlement. In addition, immediate family—or the executor of an estate—can pursue legal action via a wrongful death lawsuit, if the deceased person died from an asbestos-related disease.
If you are considering legal action, it’s vital to know that the statute of limitations determines how long a period of time you have in which to begin legal action. This period of time is not the same in every state – so if you are considering legal action it’s important to begin as soon as possible after a diagnosis of mesotheilioma. For most states the statute of limitations is two to three years from the date of diagnosis.
Choosing a Lawyer
Once you’ve made the decision to find out more about taking legal action, the next step is to find a lawyer. This isn’t necessarily easy – it’s important to find a lawyer you trust and feel comfortable with, but equally important is working with someone with plenty of experience and a good track record when it comes to mesotheilioma lawsuits and settlements.
Don’t let the thought of the cost of a lawsuit put you off – most mesotheilioma lawyers work on a contingency basis, so legal fees aren’t something you have to worry about right away. For mesotheilioma lawsuits, it’s typical for a lawyer to take a percentage of the amount won in the lawsuit or settlement as their fee, rather than taking fees up-front.
Help your Lawyer Help You
Once you started the legal process you and your lawyer will work together to gather information about your case. Medical records, including your diagnosis and medical history, as well as information about your work history, are all important.
It’s important that your case be able to prove the following three points:
- 1. Your mesotheilioma was caused by asbestos exposure – this is a given, as asbestos exposure is the only known cause of malignant mesotheilioma.
- 2. The negligence of the defendants named in the lawsuit caused your exposure to asbestos.
- 3. Mesotheilioma has negatively affected your physical health, mental health, or financial status.
Mesotheilioma lawsuits are typically pursued so as to put as little stress as possible on the plaintiff. Settlement is often made out of court, meaning that the person making the claim does not ever have to appear in court. Most cases will involve meeting with your lawyer to discuss the case, signing documents, giving a deposition, and supplying testimony about the effects mesotheilioma has had on you and your family.
A Final Note
If you or someone you know has been diagnosed with mesotheilioma, it’s important to know that you have legal recourse to seek financial compensation. Winning a lawsuit or settlement won’t cure the disease, but it can provide for medical and other expenses to ease the stress of dealing with mesotheilioma – and it can ensure that the parties responsible are held accountable for their actions.
