Did you know the law helps you seek justice if a company knowingly puts you in health-threatening situations?
Filing a lawsuit can lead to financial compensation, which can help bear the victim’s medical expenses and other losses. Unfortunately, many people are unaware that they can hold employers accountable if they expose them to danger.
Corporate negligence can be a major cause of death. Therefore, file a claim if you feel your employer has done injustice to you by exposing you to dangerous materials.
Unfortunately, several people get deadly diseases, including mesothelioma, because of their employers’ negligence. The primary cause of mesothelioma is asbestos exposure, and it occurs in a thin membrane covering major internal organs.
Unfortunately, surgeons cannot remove it through surgery, usually because of its location. Thus, it stays in the body, causing more harm. While it is incurable, different treatments can help manage its symptoms, which is expensive. So, suppose you or a loved one develops mesothelioma because of an employer’s negligence. In that case, you may file a lawsuit for financial compensation.
Mesothelioma Lawsuit
As the name implies, a mesothelioma lawsuit refers to the claim that victims of asbestos exposure can file against an accused party. Because of the health-threatening characteristics of asbestos, many governments have banned its use across multiple states. However, since asbestos has exceptional binding qualities, many construction companies ignore precautionary guidelines and expose workers and the general public to the material. If you or someone you know has developed mesothelioma due to an organization’s negligence, you can get legal help by hiring a competent attorney.
Let’s learn more about mesothelioma claims:
Types of Mesothelioma Claims
Mesothelioma claims fall into the following categories:
Personal Injury Claim
Mesothelioma can be managed; however, the treatments are costly. Personal injury claims can help you earn compensation to cover lost wages, medical expenses, and other damages related to the disease. A personal injury claim states that the claimant was affected by someone else’s negligence—for instance, a victim exposed to asbestos at their workplace and diagnosed with mesothelioma.
Wrongful Death Claim
Mesothelioma is often diagnosed late, and doctors are generally helpless regarding the treatment. In many cases, patients die because of the condition. The victim’s family can file a lawsuit on their behalf under a wrongful death claim to get some consolation in the form of compensation.
Trust Fund Claims
Asbestos manufacturers have to set up trust funds to compensate for potential claims in case of bankruptcy. These funds provide compensation to victims and help them bear the medical costs. However, like other legal claims, you must meet the eligibility criteria to obtain compensation.
How to File a Mesothelioma Claim?
Most people are not well-versed in legal terms. However, when they experience injustice, they are forced to look into legal matters.
Let’s discuss the process of filing a mesothelioma claim step-by-step:
- Hire an Attorney
The foremost step of filing a claim is to get an experienced lawyer on board. Search for a lawyer who maintains a good track record of mesothelioma cases. A competent lawyer is the captain of the ship, and you must make every effort to ensure that you hire a lawyer you trust and are comfortable with.
- Gather Evidence
To prove your claim in court, you need to confirm the defendant’s involvement to secure a favorable verdict. Although your attorney will gather the documentation and evidence to support the case, but your cooperation can make a significant impact.
Gathering evidence is crucial for building a case; the more evidence your lawyer gets, the stronger the claim. You can help your attorney connect with people who may have gotten asbestos because of the defendant’s negligence. Additionally, you will have to provide your medical reports and bills as proof of damage.
- Opt For A Case Review
Most mesothelioma lawyers offer free case reviews. Whether you opt for a free case review or a paid one, you must have multiple sessions with your lawyer. Your lawyer will prepare you for potential questions and may offer some suggestions. Answer all questions truthfully and ensure not to leave any details out.
- File the Claim
Now comes the time when you have to file the claim officially. Many courts do not require you to file a claim personally, and lawyers can do that on your behalf. The official claim is called a plea, and once the claim goes into court, the accused party becomes the defendant.
- Discovery and Responses
When the plea is filed, the court sends a copy to the defendant and gives them some time to respond. In most mesothelioma cases, the accused party refuses to accept the claim and argues that the case is invalid. Your attorney must be prepared to counter the defendants’ argument with proof. Lawyers from both sides argue, produce evidence to back their claims, and participate in depositions. The discovery process may take months or even a year.
- Trial or Settlement
Defendants often offer out-of-court settlements. If you agree to their offer, you can settle the case and withdraw your lawsuit from the court. If you decide to continue pursuing the claim in court, the case goes to trial. It would be best to consult your lawyer to explore your options.
- Resolution or Appeal
When plaintiffs win the case, defendants get the right to file an appeal within a specific period. Their appeal may delay compensation. If the accused party loses the appeal, they have to pay an amount dictated by the court.
Conclusion
A mesothelioma is a rare form of deadly cancer usually caused by exposure to asbestos. Victims of asbestos exposure are eligible to file a claim and gain compensation. However, they need to meet specific criteria. Unfortunately, many victims of asbestos exposure file claims, but before they can see any results or earn compensation, they succumb to the disease and pass away. Their families can pursue the case under a wrongful death claim and seek justice. Hopefully, the information provided above can help you gain an insight into mesothelioma claims.
