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Home » Mesothelioma Lawsuit

Mesothelioma Lawsuit

Since more than 600,000 victims have filed an asbestos-related
lawsuit in the past few decades alone, asbestos litigation has become some of
the most expensive and intricate types of laswsuits in the history of
United States court cases. The majority of asbestos claimes are made up of
plaintiffs who have been diagnosed and are suffering from malignant
mesothelioma or other diseases after prolonged exposure to asbestos in the
workplace. In other instances, a wrongful death lawsuit is filed on behalf
of the victim by loved ones in the event that the asbestos illness causes death
before the victim can seek compensation.

Over $30 billion is currently available in trust funds for
victims of asbestos-related diseases. If you or a loved one have been diagnosed
with malignant mesothelioma or any other disease caused by asbestos
exposure, you may qualify for substantial compensation. We invite you to
fill out our contact form to receive free
brochures from the leading mesothelioma attorneys in your area. For more
than 20 years, we have assisted families in finding experienced mesothelioma
lawyers in their area. We would be happy to assist you as well.

Filing a Mesothelioma Lawsuit

If you or a loved one is a victim of an asbestos-related illness and
you’ve decided to file an asbestos lawsuit, keep in mind that it
is crucial that you follow certain procedures in complex cases such as
these. Legal representation from an experienced attorney who has dealt with
previous mesothelioma lawsuits is highly recommended. Asbestos
laws and lawsuits have an array of complications and details that many
general practice lawyers may not be familiar with, let alone an average person
who is already dealing with a life-threatening disease. An experienced,
knowledgeable asbestos attorney understands the detailed process of a
mesothelioma lawsuit and will help you significantly.

To begin the lawsuit process, you and your asbestos attorney will
start by gathering pertinent information that will help you to prove your case.
For example, typical information consists of your past employment history,
medical history and reports, medical expenses that you’ve incurred since the
beginning of your illness, documentation of asbestos in the workplace,
documentation of physical disabilities and activities you can no longer do, and
what disabilities you now live with after asbestos exposure. Your asbestos
attorney will be able to give you additional details as to what information
needs to be gathered for your specific case.

Before attorneys file a complaint, they go through
a pre-litigation stage in which they’ll try to negotiate and settle with
the defendants before submitting your case to the court. In some cases, the
defendants may choose to settle at this point, but in most instances they will
refuse to negotiate. This is completely normal, as most defendants do not want
to pay out money for their mistakes, and initially, they’ll deny your claim and
deny that they were at fault for your illness. Experienced mesothelioma
lawyers are well-aware that this will more than likely happen, and will
know how to handle this part of the process.

If a settlement isn’t reached during the pre-litigation stage, your
attorney will file then file a complaint, also called a written complaint. A
complaint is a document submitted to the court that describes the basic
information on your lawsuit, legal references that substantiate your claim, the
names of other parties involved, and what your desired outcome is.

Keep in mind that other parties involved may be one person or
company, or several. Once your complaint is submitted, it will get the process
rolling in the court of law. The defendant or defendants involved will receive
notification letting them know that you have filed a lawsuit against them. The
defendants will receive a copy of the complaint and will then have a certain
amount of time to file a response.

Usually, 30 days are allotted in order for the defendants to respond
to your lawsuit. Once a response is received, your attorney will spend time
preparing the arguments and evidence in the lawsuit. This can include gathering
key witnesses and medical experts, preparing proof of asbestos use at your
previous workplace, and gathering any other pertinent information. This process
is known as the “discovery.”

If the defendant does not respond, the court may enter a judgement
against them, which results in a default lawsuit in your favor. At this point,
your attorney will be able to provide you with information regarding the damages
you’re entitled to.

The Discovery Phase

During the discovery phase, the defendant’s attorney will typically
try to rebuff your case and look for evidence that their client did not cause
your illness. It’s your attorney’s job to gather as much evidence as possible,
as previously mentioned, in order to prove your case. Because of the
complexities involved during this part of the procedure, the discovery process
may take several months or more to complete, making it longest part of the
lawsuit process. Both sides are afforded the opportunity to investigate the
other side’s information and position regarding the case. Both sides are also
allowed to ask questions, review your medical and work history, and take part in
depositions.

It’s important to understand beforehand that the discovery phase is
typically the most uncomfortable part of your lawsuit. Your personal life,
habits, and history may be investigated and combed through thoroughly, and your
family, friends, and even co-workers may be interviewed. Keep in mind that this
is just part of the legal process.

In addition, during the discovery phase, the likelihood of the case
going to a trial vs. a settlement will become more apparent. For example, the
defendant’s attorney may see that the evidence against their client is
overwhelming, whether through medical documents that supports the case, past
work history of the plaintiff, history of asbestos use from the defendant’s
company, and more. At this point, the defense may decide to negotiate a
settlement instead of rebuffing the substantial evidence. If this happens, the
discovery phase will be shortened significantly.

Once the discovery phase is over, your attorney may also offer to
settle out of court with the defendant. If the evidence is strongly in your
favor, the defendant’s attorney will have no problems attempting to negotiate a
settlement. If, however, the defendant refuses the settlement amount, going to
trial is the next step.

Trial or Settlement

If your case goes to trial, depending on the laws in your state, you
may or may not have to appear. Your attorney will be able to provide you
information pertaining to the laws in your state. Once the trial starts, both
sides will be provided the opportunity to present evidence, examine witnesses,
and provide information in order to convince the jury that their client is in
the right.

The length of trial will depend upon witnesses, medical documents,
and how complicated your case is. However, the trial phase is usually shorter
when compared to the discovery phase. After presenting evidence on both sides,
the plaintiff and defendant’s attorneys will both have the opportunity to sway
the jury via closing arguments. Closing arguments give both sides a final chance
to reiterate why the verdict should go in their favor.

Once the jury has rendered a verdict, the trial phase is over. You’ll
then learn if you have lost or won your case. If you win your case, you’ll be
told the exact amount of damages owed by you from the defendant.

You can typically expect to start receiving payments within a few
months if you win your case, although disbursements times will vary according to
the state that the lawsuit was filed in. It’s important to note, however,
that the defendant does have the legal right to appeal the court’s
decision, which will ultimately end up prolonging your payments. Again,
your attorney will be able to explain the appeals process and how it applies to
your particular case.

If your lawsuit can be settled between your attorney and the
defendant, then a trial will be waived once a settlement amount is agreed upon.
It’s difficult to predict the exact settlement amount as each case differs and
comes with its own wide array of different variables. Yet, most settlements
amounts generally factor in lost wages, medical expenses, the length of time
you’ve lived with the illness, the severity of the illness, mental and emotional
suffering, physical discomfort, and the amount of money, including filing fees,
spent on the lawsuit.

Defendants can also choose to settle at almost anytime, even right up
until the first day of the trial. In most cases, as previously discussed,
mesothelioma and asbestos-related lawsuits are settled out of court. It’s not
unheard of to go into court on the first day to learn that the defendants are
ready to settle. In facts, studies suggest that between 80 to 90% of personal
injury cases will settle.

“Most of the time, one of the parties has made some kind of
miscalculation or mistake. The interesting thing about it is the errors the
defendants make are much more costly,” said Cornell law professor, Jeffrey
J. Rachlinski.

Regardless of whether your case goes to trial or is solved via a
settlement, you can usually expect to receive your payments on a monthly basis
as opposed to a lump sum, as most compensation amounts for mesothelioma cases
are substantial. In rare instances, you may get offered a lump sum payment, but
in most instances, large compensation amounts will come as recurring, monthly
payments.

Although a settlement will not help you to completely rid yourself of
mesothelioma, the painful symptoms
of mesothelioma, and other hardships because of the disease, the
compensation is a way for companies, employers, and others who are at fault to
pay back for the dangerous situations they exposed you to. In other words, it
won’t cure your disease, but it will hold the people responsible that
contributed to your illness and will help ease the financial burden on you that
was brought about from your asbestos exposure.

Mesothelioma Wrongful Death Lawsuits

It’s important to note that there are generally two different types
of mesothelioma lawsuits: personal injury or wrongful death. A wrongful
death lawsuit occurs when a family member files a mesothelioma lawsuit on behalf
of someone who has died from their asbestos-related illness. A personal injury
claim on the other hand, is a lawsuit is filed on behalf of yourself if you have
an asbestos-related illness.

Although a wrongful death lawsuit is similar to a personal injury
claim in that involves asbestos-related illnesses, people who file wrongful
death lawsuits may be eligible for damages that aren’t available in personal
injury claims. For instance, funeral expenses and emotional suffering due to
losing a loved one are generally honored in valid wrongful death lawsuits.
Furthermore, damages for loss of consortium, loss of mentoring and guidance to
minor dependents, and loss of financial care to dependents are also generally
honored in wrongful death cases.

However, it’s important to note that statute of limitations for
wrongful death mesothelioma lawsuits differ from personal claim. In some states,
the statute of limitations for wrongful death lawsuits may be as short as one
year, whereas other states may offer two or three years.

In addition, some states’ statute of limitations for wrongful death
lawsuits starts during the “date of discovery,” meaning if a physician
misdiagnoses a patient, yet it was discovered years later that the patient
actually passed away from cancer, the statute of limitations begins on the date
that family discovered the real reason for the victim’s death.

Additional Information to Consider

There is a chance that you may need to file your mesothelioma lawsuit in a
different state. However, this doesn’t mean you’ll need to travel. In
instances when you have an out-of-state lawsuit, your attorney should make all
of the preparations and handle the case. Your attorney will travel to you when
needed.

Although the process of mesothelioma lawsuit can take several months or
even years, the case may be expedited for those in extremely poor health. It’s
common for the defense to try and drag the case out as much as possible, even
when the plaintiff’s health is deteriorating, but an experienced attorney will
work to get the case solved as soon as possible.

Victims of mesothelioma and other asbestos-related diseases typically
aren’t legally allowed to file a class action lawsuit. The reasoning behind
this is because each person’s medical history is different. Each mesothelioma
lawsuit must generally be filed individually.

Time Limitations in Asbestos Lawsuits

It’s important to file your mesothelioma lawsuit as soon as possible. These
cases are time-sensitive and each state has its own statute of limitations. It’s
important to look up your state’s statute of limitations or if your case is
filed out-the-state, the statute of limitations for the state where your case is
filed. State laws typically give plaintiffs one to five years to file the
lawsuit, starting from the time the asbestos-related illness was diagnosed or
from the time the illness was discovered.

If the victim of the asbestos-related illness has already passed away, the
spouse, dependents, and/or heirs usually have one to three years from the date
of the death to file a wrongful death lawsuit. Again, the time limit to file
will depend upon what state the lawsuit is being filed in.

How to Pay an Attorney for Mesothelioma Lawsuit Representation

Mesothelioma attorneys usually have different fees according to each law
firm. However, an experienced and prominent mesothelioma
lawyer should always have the financial resources to handle your case. In
turn, these attorneys are able to work on a contingency fee, meaning that you
won’t have to pay anything up front. Once you win your lawsuit, whether through
trial or settlement, your attorney will then be paid a percentage of the
compensation you won. Keep in mind that if an attorney doesn’t work on a
contingency fee basis, it’s a good idea to find legal representation elsewhere.
You need an attorney who has the up-front resources in place in order to prove
your case.

The most common contingency fees range from 25% to 40% of the overall amount
won by a plaintiff. Some mesothelioma
trust funds place a cap of 25% on contingency fees. Make sure you fully
understand your attorneys contingency fees and how the fee process will work
beforehand so that you don’t run into any confusion once you win your
lawsuit.

What To Look for in a Mesothelioma Lawyer

As previously noted, mesothelioma lawsuits are some of the most intricate,
difficult cases to handle. Therefore, it’s imperative to retain legal
representation from a law firm that specifically specializes in
asbestos-related cases. Not only should a law firm specializes in these types of
cases, but they should also have a proven track record that indicates past
success.

Keep in mind that just like physicians, there are different areas of
expertise in law. For example, one physician may specialize in neurology while
another may specialize in pediatrics. Lawyers are no different. There are a vast
array of different law specialties, such as car accident, criminal, medical
malpractice, general practice, and more. Mesothelioma attorneys have in-depth
knowledge regarding asbestos-related diseases, state statute of limitations, how
to find the culpable parties, sharp investigative skills, and vast knowledge
regarding asbestos trust funds.

History of Important Mesothelioma Lawsuit Landmarks

Although mesothelioma is still considered a relatively rare disease in the
medical world, it has been 50 years since the first mesothelioma lawsuit was
filed.

The lawsuit, filed in 1969 by industrial worker Clarence Borel, became
the legal turning point for victims of asbestos-related disease, as it gave
victims a way to be compensated from their injuries after Borel won his case
against the Fibreboard Paper Products Corporation.

Numerous memorable events preceded and followed the first asbestos, which has
further helped victims and their loved ones have the ability to seek the damages
they are entitled to, including:

1963-1965 Asbestos Medical Findings

Between 1963 to 1965, three physicians, Drs. Churgg, Hammond, and Selikoff,
proved beyond a doubt that asbestos exposure was linked to damaging diseases.
Dr. Selikoff, a general medicine physician in Patterson, New Jersey, was asked
to treat members of the Asbestos Workers Union in the early 1960s. Shortly
after, he noticed that a myriad of workers were suffering from mesothelioma, a
disease that was and is still considered extremely rare.

In 1963, Dr. Selikoff, after extensive research, published his findings on
the link between mesothelioma and asbestos in the Journal of the
American Medical Association. Dr. Chugg and Dr. Hammond published
similar findings, which prompted the Occupational Safety and Health
Administration to enforce workplace safety regulations in regards to asbestos
for the first time ever.

In 1965, Dr. Selikoff published what has become known as his most well-known
findings of asbestos. Entitled “Biological Effects of Asbestos,” it was
published in the Annals of the New York Academy of Sciences.

1965 Tort Laws

In 1965, the The American Law Institute of The Restatement of the Law of
Torts published section 402A, which states that any party “who sells
any product in a defective condition unreasonably dangerous to the user or
consumer or to his property is liable for the harm caused by that product to the
consumer or end user.” Although it doesn’t include harm that comes after people
have been warned of the dangers of a product, when courts made the decision that
asbestos
manufacturers had the obligation to inform people of the dangers of their
product, a plethora of mesothelioma lawsuits followed.

1969 to Present: Mesothelioma Lawsuits More than Triple

After the success of the first asbestos-related lawsuit and the positive
medical findings that asbestos is linked to life-threatening illnesses, the
amount of mesothelioma lawsuits has more than tripled, averaging over 700,000
cases. The amount of manufacturers and companies have also significantly
increased. Currently, more than 10,000 companies have been named in asbestos
lawsuits.

Mesothelioma Lawsuit Assistance

If you’ve been diagnosed with mesothelioma or another
asbestos-related disease, it’s important to understand your choices, legal
rights, and medical options. You may be entitled to compensation for
mesothelioma treatments, lost wages, physical pain, emotional suffering, and
much more. Remember to fill out our contact form to get free brochures from
the top mesothelioma lawyers in your area. If you have any questions or need
assistance, contact us at
800-490-6014.

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