Individuals diagnosed with mesothelioma or other asbestos-related conditions were likely exposed to asbestos without being aware of it or understanding its dangers. Such exposure often highlights employer negligence, making patients eligible for financial compensation through a mesothelioma claim.
Photo by National Cancer Institute on Unsplash
However, each state enforces a statute of limitations, typically ranging from two to three years following a cancer diagnosis, within which claims must be filed. This makes it crucial to consult an attorney promptly. If you decide to proceed with legal action, mesothelioma lawyers can assist by filing one of two types of claims tailored to your situation.
Step 1: Prepare the Case
At this stage, you will collaborate with your lawyer to review your deceased family member’s employment history, places of residence, and whether any family members or co-residents frequently used products or household items containing asbestos. Additionally, your lawyer will assess the medical records related to your loved one’s mesothelioma.
Step 2: Filing the Case
If the deceased worked in multiple states, asbestos exposure might have occurred in various locations. In some cases, the exposure happened in one state, while the responsible company is based in another. Since state laws vary, your lawyer will determine which state offers the best advantage for your case and file the claim there.
Step 3: Discovery
During this phase, your lawyer will collaborate with investigators and medical experts to collect additional evidence for your case. They may interview coworkers of your deceased family member to understand their job responsibilities and gather testimony about potential asbestos exposure. You or other family members might also provide an interview or deposition.
Step 4: Defendant’s Response
Once the discovery phase is complete, the defendants will formally respond to the wrongful death claim. Mesothelioma lawsuits often end in settlements, as corporations may be unwilling to risk a lengthy and expensive trial.
Step 5: Negotiation
If your case is strong, the defendant may propose a mesothelioma wrongful death settlement. Settling outside of court is often quicker and more beneficial for both sides. However, if no agreement is reached, the case will move to trial.
Step 6: Trial
During the trial, both sides will present their arguments to convince the court. While most mesothelioma cases are resolved before reaching trial, your lawyer will be prepared to take the case to court to secure the compensation you deserve. At the conclusion of the trial, the court will issue a verdict. If successful, you will be awarded compensation.
Selecting a Mesothelioma Attorney
Mesothelioma wrongful death claims are intricate and demand both experience and expertise. A seasoned mesothelioma attorney can craft a compelling case, increasing your chances of achieving a favorable settlement or verdict.
One of the challenges in asbestos-related death and mesothelioma cases is pinpointing the source of asbestos exposure. This is where a lawyer with extensive asbestos knowledge becomes invaluable. They will collaborate with experts to identify and establish the exposure and connect it to the mesothelioma diagnosis.
Additionally, you may qualify to file claims with asbestos trust funds. These funds were established to provide compensation to victims of asbestos exposure linked to bankrupt companies. A skilled mesothelioma lawyer understands the timing and process for filing these trust fund claims effectively.
Endnote
Having the right asbestos disease solicitor by your side is essential to help secure a mesothelioma compensation settlement within your lifetime. However, there are instances where this may not be achievable. In such cases, you can take comfort in knowing that your family will be well-supported and the compensation claim will proceed to a successful resolution for their benefit.
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