Finding mesothelioma help can be somewhat challenging. Mesothelioma is not a mainstream cancerbut it is deadly and strikes in the lining of organs in the body. Each year, approximately 2,000 to 3,000 Americans are diagnosed with it.
Mesothelioma normally follows a latency period of up to 40 years, which means that most individuals who were exposed to asbestos might go years before actually contracting the disease. Receiving a mesothelioma diagnosis can prove to be difficult time in a person’s life. Not only is it disconcerting, but the financial toll that it takes on a person is tremendous, including the loss of wages and mounting medical expenses.
Faced with a mesothelioma diagnosis along with financial problems can cause most individuals to consider filing a lawsuit. A mesothelioma lawsuit is a type of tort case. Torts are civil cases that result from injuries and/or damages and are the basis for a lawsuit. The motivation behind tort cases is to compensate a person for damages and/or pain and suffering they may have sustained as the result of their injury. Some of the different types of torts include: premise liability, product liability, economic loss and workers’ compensation.
What Types of Asbestos Cases Require Mesothelioma Help?
Lawsuits concerning mesothelioma are filed in two ways: as an individual plaintiff lawsuit, or as a class action lawsuit. The defendants in mesothelioma cases are either companies that employed the individual or manufacturers who made a product linked to asbestos exposure that caused the mesothelioma.
Single Plaintiff Lawsuits: This kind of lawsuit involves a single plaintiff and defendant(s). An attorney files this kind of lawsuit on behalf of a single plaintiff who is seeking to collect monetary damages. If the judge rules in favor of the plaintiff, he or she would likely collect the full settlement, minus any legal fees.
How to File a Mesothelioma Lawsuit
Filing a mesothelioma lawsuit can be a complex and laborious process for mesothelioma. Help determining how the asbestos exposure happened can be daunting, especially in most cases where the individual contracted mesothelioma decades later. Another challenge is identifying just who was responsible for the individual’s mesothelioma. In some instances, lawsuits are filed against the product manufacturer, while others are aimed against the individual’s employer. A number of individuals have been exposed to asbestos on a number of different worksites and for different companies. This can prove difficult to determine who is actually responsible. Besides these issues, there are also statutes of limitation guidelines in each state to consider.
If you or a loved one has been given a mesothelioma prognosis, consult an attorney who is experienced in asbestos and mesothelioma tort cases. The attorney will walk you through the legal process and decide which avenue you should take.