If you or someone you love became ill after being exposed to asbestos, you might be able to file a mesothelioma lawsuit. When an illness or injury occurs due to the negligence or carelessness of another, filing a lawsuit might be the only way to recover sufficient funds to cover the expense of the resulting damage. This might include past and future medical expenses, loss of funds, pain and suffering, and potentially even funeral expenses. Whatever the case, if you or someone you love developed mesothelioma due to the fault of another, it is crucial that you understand which type of lawsuit you can file.
Mesothelioma is a damaging and rare cancer typically caused by exposure to asbestos, a dangerous fiber often used in building materials. Even though it is considered rare, roughly 3,000 Americans are diagnosed with mesothelioma each year. This type of cancer occurs in the lining of key organs like the lungs, heart, and other organs in the abdomen.
Individuals might develop mesothelioma after noticing symptoms like chest pain, shortness of breath, fever, fatigue, weight loss, chest lumps, difficulty breathing, and a raspy cough. However, some individuals are diagnosed with mesothelioma after showing no symptoms at all. Because mesothelioma is often caused by asbestos exposure, many cases of mesothelioma are caused by work-related exposure, where asbestos inhalation is more likely.
Not everyone with mesothelioma may be eligible to file a lawsuit. Eligibility depends on several factors, but it all boils down to how the mesothelioma was developed. In order for a lawsuit to have ground, you must be able to prove that the exposure to asbestos likely caused you, or your loved one, to develop mesothelioma cancer. For example, if you are diagnosed with mesothelioma and spent the majority of your life working in a shipyard where you regularly inhaled asbestos, that occupation likely caused you to develop cancer.
Asbestos exposure can be caused by occupation exposure or non-occupational exposure. This means you could be exposed to asbestos fibers because of your profession or it could happen because you lived near an asbestos mine or plant.
If you are uncertain if you have a lawsuit, discuss your situation with an experienced mesothelioma attorney at Shrader & Associates L.L.P.
Types of Lawsuits
There are two key types of lawsuits that can be filed if you or a loved one developed mesothelioma after being exposed to asbestos. These two lawsuits are titled personal injury lawsuits and wrongful death lawsuits. If you were diagnosed with mesothelioma, you can file:
- Personal Injury Lawsuit against the company or party responsible for your exposure to asbestos. These types of claims are only for surviving individuals and can help reclaim compensation for medical expenses, loss of wages, and pain and suffering.
- Wrongful Death Lawsuit is reserved for the family members of deceased individuals who died from mesothelioma. If an individual died from mesothelioma caused by asbestos exposure, the surviving spouse, children, or close relatives could file a wrongful death lawsuit on his or her behalf. In a wrongful death lawsuit, the family can seek compensation for medical costs, funeral expenses, loss of potential income, and loss of companionship.
In the event that someone dies while in the middle of a personal injury lawsuit, the claim can be left to a family member or loved one in a will, just like other types of property. In most cases, the case may be continued as a wrongful death case.
Lawsuits for Veterans
Veterans, especially those in the Navy who worked in shipyards and boiler rooms, might also develop mesothelioma from asbestos exposure. However, some believe that veterans have no options when it comes to filing a lawsuit for their illness. Although it is rarely possible to file a lawsuit against the government, and therefore the Navy, it is possible to take legal action against the companies who manufactured the parts or machines that caused asbestos exposure. So, if you are a veteran who suffered from mesothelioma from asbestos exposure at work, you can still take legal action against the guilty party without going against your government.
If you or someone you love developed mesothelioma after being exposed to asbestos, our experienced attorneys want to help. Contact Shrader & Associates L.L.P.for help with your mesothelioma case.