Mesothelioma lawsuit means filing a case against a company who exposed you to Asbestos that became the reason of this deadly cancer in their worker. These lawsuits aid the victims and their families to have financial compensation from the manufacturers of Asbestos.
Mesothelioma is a kind of deadly cancer that occurs in the Mesothelium (a layer outside body organs that covers and protects each organ). It is mostly caused by the high exposure to Asbestos (a fibrous material that is heat and chemical resistant and is used in building materials, fire fighters, auto mechanics and insulation). This cancer is mostly found in the workers and staff of the manufacturing factories that produce Asbestos. It occurs mainly in the Mesothelium of lungs, heart and abdomen. Its major symptoms include short breath and pain in the chest. The chances of survival after the diagnosis has started, is up to a period of 12 months. From 1999 till the year 2015, around 45221 people have reportedly died of this chronic illness.
All you need to know about the Mesothelioma Lawsuit:
Here are all the basic and important points you need to know about the mesothelioma lawsuit.
What is Mesothelioma Lawsuit?
Mesothelioma lawsuit is a valid claim against a company or firm that became the reason of deadly cancer in their worker. It means taking legal actions against that negligent company if their workers have Asbestos exposure.
How does it work?
Your lawyer and your doctor can help you in dealing with Mesothelioma. After diagnosis, you can get a compensation of about 2.4 million from the concerned company by consulting an expert lawyer. This lawsuit can be filed by the patient himself or the loved ones of the affected. The lawsuit and its intensity may depend upon the type of harm caused.
- If the patient is alive and has filed a suit, he can get a compensation and have the money for his recovery.
- If the patient has died, then the lawsuit can be filed by his loved ones.
Filing a mesothelioma lawsuit:
Filing Mesothelioma Lawsuit is not a complicated process. The only condition is that you should only have all the documents available. You need:
- A good mesothelioma attorney/lawyer expert in asbestos exposure and mesothelioma, who puts your petition in the court and proceedings start within a few days.
- Medical reports, work history and testimony is required to prove the major reason for asbestos exposure.
With all these requirements filled, your lawsuit is ready to be filed and heard in the court.
Types of mesothelioma lawsuits:
There are two types of lawsuits for mesothelioma. One is personal injury and the other is wrongful death.
Mesothelioma Personal injury lawsuit:
The person who got injured as a result of asbestos exposure can file the case himself. There are two parties involved in this case:
- One is the company.
- Other is the affectee himself.
The affectee can have the stance that the concerned company through its products or manufacturing process, has used Asbestos and exposed the workers and consumers to this dangerous Asbestos material. As a result of which the consumer or the worker has got this mesothelioma cancer. If the case is successful and won, the affectee can get a good compensation in return. The company may not only give compensation but also pays for treatment, travel and gives lost wages.
Mesothelioma Wrongful death lawsuit:
This lawsuit is filed in a case when the affected person is no more, or has died. In such case, the close relatives can file the case against the party responsible for the death. It can be either company which exposed them to asbestos while working or it can be any specific person. In any case, the compensation is again given to the loved ones of the deceased. The company may have to compensate for the end of life of the affectee, loss of companionship, treatment expenses, lack of inheritance or loss of income.
Mesothelioma class-action lawsuit:
These are the legal actions taken by more than one people or a group of people against a firm or a company. Sometimes people working together in an Asbestos company may get similar kind of injuries and same exposure issues. So, they can collectively file a lawsuit against it. Some people from a class action lawsuit may later get separated and independently file a separate lawsuit.
However, those individuals who are a part of class lawsuit cannot afterwards file their own case independently if his case in class lawsuit has gone for hearing already. These kinds of collective lawsuits take place very rarely and at the end, the determination of compensation amount is also one of the problems that is faced by the petitioners and that compensation is less as compared to the individual lawsuit.
Mesothelioma Lawsuit Criteria:
For filing of mesothelioma lawsuit, a proper criteria is followed.
- First of all mesothelioma legal information is required. All the important information is collected, all the documentation is organized about the work history, documented proofs about plaintiff’s difficult financial conditions, medical records about diagnosis, testimony of the exposure to Asbestos and eligibility is determined that whether the applicant is eligible for the legal action or not.
- Secondly, it requires a legal action within a deadline. If the deadline passes by and no action is taken, then the litigation must start immediately.
- Thirdly, the evidences should be proper, the folder of the lawsuit must have all the proofs in documentation form and all the work history, medical diagnostic reports etc. must be attached.
- Fourthly, after documentation, timing and evidence criteria is fulfilled.
- Fifth, once lawsuit is filed, it may be filed in one state or different states depending upon the location of work he has been travelling to.
- The sixth step of the criteria is that the mesothelioma cancer lawsuit undergoes a review and then the jury decides that what compensation should be offered depending upon the individual circumstances.
Mesothelioma lawsuit after death:
After the death of the affectee, it is mostly filed by the loved ones of the deceased. These legal actions are mostly taken against product liability of more than one companies that exposed the deceased to Asbestos. It is a bit time taking and lengthy process and only a good attorney can help you in such situation. As the person himself is not present, they cannot tell their history of exposure or give evidences, so the process of compensation after death is quite complicated.
Mesothelioma lawsuit timeline:
Mesothelioma lawsuit timeline differs according to the case. Mostly the compensation is granted within 90 days. But this timeline of almost three months can be affected by different factors like:
- Laws of the state.
- The number of manufacturers included.
But a good and experienced lawyer can decrease these risks. At most, this settlement timeline can extend up to maximum one year. Sometimes the manufacturers don’t go for the trial and give the compensation money to the affectee outside the court. In this way the lawsuit is solved even in less than 90 days time frame.
Mesothelioma lawsuit payouts:
The mesothelioma settlements show that there are a variety of payouts in this regard. It totally depends on the type of case that is filed, the work history and evidences provided. These payouts at the least may be up to 1 million US dollars and the highest payouts can reach up to 10 million US dollars. So, the payouts highly depend on the case profile.
Mesothelioma lawsuit lawyers:
These lawyers specializes in cases related to Asbestos illnesses. They are expert in helping people to get compensations and settlements. There are best mesothelioma lawsuit lawyers in every country which have an excellent record. These lawyers are best in negotiating with the firms and companies and the Asbestos trust funds to get compensations for their clients. They can also handle a wrongful death claim successfully.
Meso Law is a very famous law firm which has till date worked for many mesothelioma patients. Most of the mesothelioma lawyers are attached to this law firm. Meso law has helped many victims to get maximum compensations. It is based in New York and is working with successful lawyers who have fought many cases of mesothelioma workers throughout the country.
Mesothelioma lawsuit deadline:
It is around 1 to maximum 4 years. You should prepare and file a case within 2 years of the death or personal injury. But now a days due to delayed claims and issues, the case may be filed up to 6 years. Basically, the time and deadline of filing starts immediately after the diagnosis of the personal injury or the wrongful death.
Mesothelioma compensation for family members:
The family members like children and spouses are completely eligible for the compensations. Mostly they file the lawsuit after wrongful death. The family members may get the funeral expenses, treatment fees and financial security in the form of wrongful death lawsuit compensation. Average family may get mesothelioma compensation of around 2.4 million US dollars. Average payouts of mesothelioma settlement is 1 million to 1.4 million US dollars. There also are other payouts like trust funds payouts. The highest paid trust amount may go up to 1,25000 US dollars.
What Should You Expect from a Mesothelioma Lawsuit?
You cannot generalize or expect any specific thing as every lawsuit is different. This is because in every case the factors like history of the person is different and attitude and responses of the companies vary accordingly.
How long does a Mesothelioma Lawsuit take?
It may take a few days of settlements in which company decides to avoid the trial and compensate the person with lump sum of money and simply fulfills other conditions like paying medical expenses etc of the patient. And in this way the lawsuit may close in a few months.
But in some cases it may prolong for many years. It may also depend on the health of the petitioner of the lawsuit or the plaintiff who is filing the lawsuit. Even when the plaintiffs health is poor or if he is in last stages, then proceedings are listened quickly. But if the plaintiff is in early stages and he has time, then it may take a few months. The defendant in any case will try to prolong the process and will try to make no stone unturned to avoid giving compensation which may cause many delays and hurdles in getting to the conclusions or getting compensations.
What is the average mesothelioma settlement?
The average amount of the settlement as told before is 1 million to 1.4 million US dollars. If the claim goes to trial, then the judge will determine the amount of settlement to be given according to the case and in case the defendant is found guilty, then this settlement amount can reach up to 11.4 million US dollars .
How much money is left in the mesothelioma?
Most of the time an agreed amount of 30 billion US dollarsis set aside by the companies to deal with any future and present claims. The companies which show themselves as bankrupt are required to form a trust fund through which the compensations would be paid but most of the companies use these 30 billion US dollars to deal with any claims and all the money for compensation is drawn from these fixed amounts of 30 billion US dollars for compensations and settlements.
How do mesothelioma settlements work?
In a mesothelioma settlement, manufacturers of Asbestos agree to pay a particular amount of money to the affected person. The lawyers of both the parties settle down and talk, they negotiate and an amount agreed upon is given to the affectees. First the settlement is done outside of the court and the company compensates the worker before he files a petition.
The companies are very sensitive about their reputations in public, so they try to resolve it outside the trial court as soon as possible.
What is the mesothelioma lawsuit about?
It is all about getting a proper compensation amount from the manufacturers of the Asbestos who exposed the worker to the Asbestos which caused mesothelioma in their worker. It involves a compensation of the damage of health and the risk of life that Asbestos exposure has caused him while working in that particular manufacturing company.
Can you sue for mesothelioma?
Yes, definitely you can sue for it! For example if a person has been diagnosed with mesothelioma and he had been working for a long period of time for a company, then he can sue that company for exposure to Asbestos. For example, someone who had been working in the army sued the armed forces because the soldiers were exposed to Asbestos in 1987. The retired personnel getting mesothelioma can sue the armed forces for that reason and get compensation either in the form of treatment expenses or money.
Mesothelioma lawsuit Canada:
Canada is one of the countries in which in around 2016 many cases of mesothelioma were reported and mesothelioma litigation took place. Diagnosis revealed 445 cases. The main reason was that Asbestos industry was quite prevalent in Canada and was also government supported till 2018. Due to this permission of Asbestos mining, after few years Canada’s mesothelioma cases have had climbed its pinnacles till 2010. Canada faced 500 yearly deaths by Asbestos exposure. After an alarming situation, the Asbestos mining was stopped but it is still found in Canada’s many products even today.
With the increase in mesothelioma, the mesothelioma litigation has also increased and ultimately mesothelioma court cases have also increased. Almost 250 such case laws have been filed in 2015. Patients in Canada are given compensations in the form of medical bills, money, others include Canadian pension plan disability, worksafeBC disability pension, veteran affair disability pensions and along with that Canada’s socialized medical system provides great assistance and compensations to the mesothelioma patients.
The world is still using Asbestos in many fields of life like construction industries, fire fighters and in the manufacturing of everyday products. With increasing awareness about mesothelioma (a deadly cancer) the law suits are also increasing. The Mesothelioma Lawsuit is about getting a proper compensation amount from the manufacturers of the Asbestos who exposed the worker to the Asbestos which caused mesothelioma in their worker. The person who got injured as a result of asbestos exposure can file the case himself, or if the person dies the close relatives can file the case against the party responsible for the death. With passing time many lawsuits have been filed in courts for compensations. About 10% patients with Pleural mesothelioma and 65% with other types may survive for more than five years and in such cases they easily file lawsuits against the companies and get easy compensations. These lawsuits are becoming a trend nowadays with increased legal assistance and more lawyers are available in this regard. People are able to get their compensations for treatments and other purposes on time.