A mesothelioma lawyer is experienced with unique asbestos exposure cases and can help you obtain the compensation you deserve. These are very specific types of attorneys with a deep understanding of the legal process and the medical diagnosis along with an understanding of pathology reports.
To prove the source of your exposure, these lawyers must have a proven track record with cases related to your occupation to achieve maximum compensation by securing settlements often without trial or in some cases sizable and favorable jury verdicts for mesothelioma victims and their families.
Suppose you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, whether through occupational hazards or consumer products. In that case, it’s essential to find a skilled mesothelioma lawyer who can guide you through the complexities of asbestos litigation.
The right legal team will fight tirelessly to ensure you receive the financial support needed for medical treatments, secure your family’s future, and hold negligent asbestos manufacturers accountable for their actions.
Lawyers who focus on mesothelioma and asbestos exposure can get you the compensation that you deserve. Nonetheless, finding a good asbestos lawyer can be difficult.
Why You Should Hire a Mesothelioma Attorney
Living with mesothelioma is hardship enough in itself, let alone the aggravation of climbing out from an ever-growing pile of debt. Mesothelioma may lie relatively dormant for decades, but when it finally surfaces, it constitutes a devastating blow to the quality of one’s life.
If you or a loved one has recently been diagnosed with a mesothelioma-related illness, you should weigh your legal options.
Consider hiring a mesothelioma attorney to handle the matter for you simply because that’s the best way to proceed. You have a legal right to file a lawsuit against companies and manufacturers for their negligence in exposing you to asbestos.
However, the process is too complex for most people to manage on their own. You can find many documents related to past asbestos litigation, but without legal experience, they are difficult to understand.
A mesothelioma lawyer can:
- Serve as your legal counsel in court
- Refer to exclusive resources needed to prove negligence in court
- Seek and win compensation for wrongful exposure to asbestos
To secure the remunerative damages which you are owed you require a skilled mesothelioma lawyer to hold these companies accountable for what they’ve inflicted on you. An experienced attorney who has handled past asbestos cases will be in the best position to tell you your legal rights, interests, and options.
What Does Mesothelioma Compensation Cover?
Mesothelioma compensation helps pay for expenses related to your illness. Expenses may include:
- Medical bills and other costs of mesothelioma cancer treatment
- Travel to medical appointments and accommodations
- Wages lost because you are unable to work
- Pain and suffering
- Funeral expenses in a case involving the death of a loved one
Types of Claims That Mesothelioma Lawyers Handle
There are several ways in which you can pursue compensation for the injury you have incurred through mesothelioma. Your mesothelioma legal team will study your case and seek to develop the best claim possible.
Your legal options include seeking compensation from:
- lawsuits through a settlement or a courtroom verdict
- the United States Department of Veterans Affairs (VA)
- an asbestos trust fund
There are numerous types of settlements and lawsuits available. Below are some of the most common.
Personal Injury Lawsuits
If you have been diagnosed with mesothelioma, then you have the right to bring a personal injury lawsuit against your former employer or the manufacturer of asbestos causing you harm.
In a personal injury case, mesothelioma patients may claim damages for both economic and non-economic losses.
Economic damages include medical expenses, funeral expenses, travel and accommodation costs; lost earning capacity, and lost income.
Non-economic losses include loss of consortium, loss of enjoyment of life, and pain and suffering resulting from death.
In cases where the employer or manufacturer knowingly exposed people to asbestos, a jury may award punitive damages. This type of damage award, also called exemplary damages, is assessed during the legal process to punish a liable party for negligence.
Keep in mind that punitive damages are typically imposed to make an example of an at-fault party and to deter others from behaving similarly.
If you would like to pursue a personal injury case against the parties that made you ill, it is important to understand that your time to file is limited.
Specifically, the deadline to file a case, known as the statute of limitations, varies by state. This is why you should contact an asbestos lawyer as soon as you can to learn about what statute of limitations applies in your case.
Wrongful Death Lawsuits
Wrongful death lawsuits are filed by family members after the passing of a loved one from an asbestos-related disease. These types of lawsuits are different from personal injury cases given the types of damages that can be recovered and who is eligible to file a claim.
Family members may seek compensation for their losses, which include: outstanding medical bills, lost income potential, funeral expenses, and loss of consortium.
Although some wrongful death lawsuits are typically resolved during settlement negotiations, others go to trial to be argued before a jury. Keep in mind that the statute of limitations is different than that of a personal injury lawsuit.
As such, it is very important to consult with a skilled asbestos attorney to learn more about the statute of limitations that applies in your case.
VA Claims
Veterans who have been exposed to asbestos in the course of their duties and then contracted mesothelioma are eligible to file a VA claim for compensation. Service members who were employed in shipyards, construction, and demolition often encountered asbestos at work.
To make a mesothelioma VA claim, veterans must be honorably discharged, can prove they were exposed to asbestos during their service, and need to provide documentation or other proof that they were exposed to asbestos and have since become ill.
Asbestos Trust Fund Claims
Restricted by a negligence lawsuit, an asbestos bankruptcy trust fund has been established to compensate those who were exposed to asbestos and became ill. The goal of this kind of fund is to set aside money for future asbestos-related claims.
Currently, more than 60 of these bankruptcy trust funds exist, and they have disposed of about $30 billion in claims. A mesothelioma lawyer with experience in this area will be best equipped to help you file a claim against these trusts.
Class-Action Lawsuits
A class-action lawsuit is a case in which a group of people who have been harmed in the same way by the same entity sues together. Rather than listen to the details of each mesothelioma victim’s case, the court only hears one case that represents the interests of the entire class.
While class-action lawsuits may be an efficient way to make companies more accountable for their carelessness in general, asbestos cases deal with a rare and singular type of cancer.
Individual lawsuits may be the best way to go forward since each illness of mesothelioma patients is unique and the environment different. In some cases, though, class action lawsuits could still work.
Mesothelioma Compensation
Compensation in mesothelioma cases averages from $1 million to $2.4 million. It typically takes less than one year to receive monetary compensation from asbestos trust funds, workers’ compensation, and settlements. However, it may take up to a year or more to receive monetary damages resulting from a trial verdict.
Workers’ Compensation
Filing a workers’ compensation claim is another legal option for those who were exposed to asbestos at work. Like asbestos lawsuits, workers’ compensation claims must be filed within a certain period after a person develops an asbestos-related injury. Each state has its own set of requirements that dictate eligibility.
It is important to understand that workers’ compensation is meant to be an exclusive remedy. This means that if an employee is injured due to asbestos exposure, they can seek compensation under their state’s workers’ compensation laws, but cannot pursue a separate lawsuit against their employer.
Workers’ compensation systems can be challenging to navigate. Many workers’ compensation claims result in modest amounts of financial assistance when compared to settlements and lawsuits.
Mesothelioma Settlements
Most asbestos-related lawsuits don’t go to trial and are settled before the trial begins.
While a jury verdict may yield a greater amount of compensation compared to a settlement, settling a case is less risky than going to court because there is no guarantee that a jury will decide in your favor.
Overall, settlements that arise out of an asbestos-related claim provide guaranteed compensation to victims or loved ones and can be paid out over a certain period.
According to Mealey’s Litigation Report, the average settlement award in asbestos-related cases is between $1 million and $1.4 million. Keep in mind that the timing of receiving a mesothelioma settlement award varies for each case.
Lawsuit Trial Verdicts
If your mesothelioma case goes to trial, the jury may find that the asbestos company you are suing is liable for your damages. Keep in mind that jury awards can be substantial, as the average trial verdict in mesothelioma cases is $2.4 million.
In some cases, a trial verdict may include the imposition of punitive damages, which are discussed above.
Common Questions about Mesothelioma Lawyers
Here are some answers to common questions about finding a mesothelioma lawyer, so you can better understand your legal options and obtain the compensation you deserve.
National mesothelioma lawyers typically have the time and resources necessary to effectively represent your case. If you work with a local lawyer, they may not be familiar with the types of asbestos-related diseases, the impact that a mesothelioma diagnosis has had on your life, the companies that may have caused your asbestos exposure, or how to seek the compensation you need to cover your losses.
In asbestos-related cases, you must file your case before the statute of limitations has run out. As such, you should contact a lawyer as quickly as possible to make sure you don’t miss your chance to seek damages for the harm you sustained as a result of being exposed to asbestos.
If you have been diagnosed with mesothelioma, you may be eligible to file a lawsuit against the companies that are responsible for exposing you to asbestos. A mesothelioma lawyer will evaluate your situation during a free and completely confidential consultation and let you know if you are eligible to file a compensation claim.
You do not have to pay a mesothelioma lawyer unless you have been compensated for your damages. This is known as a contingency basis, where the payment to your mesothelioma lawyer will be a percentage of your total award.
An asbestos attorney can guide you through your life and work history to help you remember where and how you were exposed to asbestos, even if you cannot identify your exposure. It is part of your attorney’s job to find out how and when you were exposed to asbestos.
Top mesothelioma lawyers work at national mesothelioma law firms. These legal advocates understand how difficult it is for you to travel, which is why many will come to you to discuss your case.
The amount of time it will take to be compensated after filing an asbestos claim will depend on the type of claim you file and the facts and circumstances of your mesothelioma case. Although it may take less than a month, it could also take a year or more to receive your compensation. The sooner you consult a mesothelioma attorney, the sooner you will be able to receive the compensation you need.
While compensation from a mesothelioma trust fund is typically tax-free, only a mesothelioma or tax expert can advise you as to whether you may owe taxes to the federal or state government resulting from such compensation.
If you were diagnosed with mesothelioma, you can file a personal injury lawsuit to receive the compensation you need to cover your past, current, and future medical expenses and other losses. If a loved one has passed away from an asbestos-related disease, a family member can hire a wrongful death lawyer to file a lawsuit and be compensated for the losses they suffered.
