Individuals who have been diagnosed with mesothelioma often have to think about medical care and cancer therapy. They also have to contend with the impact of such a disease in other aspects of their lives. You should not carry the burden alone. Substantial compensation is possible if you know how to file a mesothelioma lawsuit. Getting the services of expert mesothelioma lawyers such as those from the Belluck & Fox at https://www.belluckfox.com/mesothelioma-lawyers/ should help you find justice for the irreparable suffering done to you and your family.
Mesothelioma is a rare type of cancer that primarily affects the lungs, although it can also affect the outer covering of the heart and the peritoneum. It is a very aggressive cancer with the average survival rate being 12 months after the initial diagnosis. The problem in the lethality of mesothelioma is that it is already in its later stages that the cancer is diagnosed since it takes about 30 to 40 years from the initial triggering event until a verifiable diagnosis can be made.
The most common cause of mesothelioma is exposure to the fine, almost-microscopic fibrils of asbestos. These get lodged in the parenchyma of the lungs, causing tissue inflammation. The necrotic changes that go with inflammation lead to a change in cellular DNA. This starts the long and arduous process of turning an otherwise normal, healthy cell into one that is neoplastic and cancerous.
Individuals who work in industries or establishments that produce, manufacture, or use asbestos are primarily affected. These can include chemical workers, mechanics, machine operators, trade laborers, and even foremen. Residents living near these establishments have also been known to have mesothelioma.
Filing Mesothelioma Lawsuits
Filing for a mesothelioma lawsuit can be tricky since there are statutes of limitations that have to be considered. Many states observe statutes of limitations of about 1 to 5 years from the time the diagnosis of mesothelioma has been made. For example, the states of California and Louisiana only give you 1 year to file for a mesothelioma lawsuit from the time you were first diagnosed with the cancer.
In situations where the mesothelioma patient is already in the terminal stages of the disease, the statutes of limitations for filing wrongful death lawsuit secondary to mesothelioma is usually 1 to 3 years.
While most mesothelioma cases in the past have been clustered as class action lawsuits, you’re not really advised to join such an action since your case may be different from the plaintiffs of such legal actions. Your medical history and prognosis may also be different.
That being said you should act quickly. The moment your doctor makes a diagnosis of mesothelioma, you should contact a mesothelioma lawyer immediately. He can help you prepare all the different pieces of evidence that you will need to work with to build a strong case. One of the reasons why it’s best to hire a mesothelioma lawyer to help file a mesothelioma lawsuit is to reassign the burden of the legal aspects of your condition to someone who is more capable of addressing such issues. This also means you can focus more on your medical care and treatment.
Damages are typically awarded to individuals who have proven that their case of mesothelioma is directly attributable to asbestos exposure. People who have worked with asbestos in the past have a high likelihood of receiving financial compensation from the very same company that produced or supplied the asbestos.
The compensation can also come from an insurance company or a trust fund set up by the same organization that produced asbestos. Even in cases where the individual isn’t exactly sure who is responsible for his exposure to asbestos, a mesothelioma lawyer can help pinpoint the entity that should be held accountable.
When it comes to the amount of the damages, there are no standards as to how much you can get. Some have been successful in being awarded millions of dollars while others were only given modest sums. There are several factors that can play towards the amount of compensation received. Your mesothelioma lawyer can discuss all of these things in greater detail.
The most important thing to remember is to never file a mesothelioma lawsuit yourself. Not only do you risk losing your case, you are also spending more time preparing for the case than taking care of your own medical needs.