Mesothelioma Lawsuit | How to file a Mesothelioma Lawsuit?

By | December 6, 2021

Mesothelioma Lawsuit

Asbestos is a strong , flexible and durable fiber whose heat and chemical resistance led to its widespread. Asbestos related diseases include plaques, benign pleural effusions and bilateral pleural thickening. Mesothelioma may arise in the chest or abdomen. Disease can be triggered by even light exposure to asbestos  but has a long latency (20 to 40 years). In high risk occupations, there is a high chance the workers are unaware. And they were dealing with asbestos and exposed at risk. If you get mesothelioma, you can file a lawsuit to the company for compensation to cover your medical bills. There are two types of mesothelioma lawsuit i.e. personal injury and wrongful death lawsuit.

What is mesothelioma ?

Mesothelioma is a lung disease which can be triggered by light exposure to asbestos. Typically it has a long latency period from 20-40 years. It has a very poor prognosis with survival time of 6-18 months post diagnosis.

How does people get exposed to Mesothelioma?

Workers can get exposed to asbestos in high risk occupation like:

  • Fire and burglar alarm installers
  • Trades people (electricians, plumbers, carpenters, joiners)
  • Plasterers, painters and decorators
  • Demolition workers
  • Telephone and computer installation engineers
  • Site managers and surveyors
  • Heating and ventilation engineers
  • Gas fitters

Symptoms of Mesothelioma:

  • Pleural effusion (common, usually unilateral).
  • Pleuritic pain or a dull ache
  • Systemic features (fatigue, anorexia, weight loss, fever, sweats).
  • Palpable mass (due to direct extension through the chest wall).
  • Shortness of breath

What are the types of mesothelioma lawsuit?

There are two types of mesothelioma lawsuit which are personal injury lawsuit and wrongful death claims. In mesothelioma personal injury lawsuit, allows the cancer patient to seek compensation from the company that exposed them to asbestos. If you or your family member is bearing the burden of Mesothelioma, you may be eligible to file a lawsuit.

Personal Injury Lawsuit

A person exposed to asbestos is eligible to file a personal mesothelioma injury lawsuit to the company that exposed him to asbestos. Asbestos liability is a program which is companies failure to warn their employees to the risks and dangers linked to inhaling the toxic chemicals.

Wrongful  Death Lawsuit

Any family member is eligible to file a wrongful mesothelioma wrongful death lawsuit to get compensation to cover medical bills, lost income and funeral expenses.

If a mesothelioma patient file a personal injury but passes away, then estate may continue the claim.

Mesothelioma Lawsuit | How to file a Mesothelioma Lawsuit?

What is the average mesothelioma lawsuit settlement amount?

Mesothelioma settlement amounts may vary on several factors. Many patients or their families receive settlements of $1 million. These compensation help patients to cover their medical expenses and lost incomes. The average compensation from a mesothelioma lawsuit trial is $2.4 million.

How to file a Mesothelioma Lawsuit?

There are various steps in filing a Mesothelioma Lawsuit.

  1. Choose an Attorney: First you need to find a law firm which will prepare and file a legal written complaint to a court.
  2. Case Review: Your attorney ask about your exposure to asbestos in your work history. Your attorney will review your case and what compensation options you have. An experienced lawyer needed to claim your compensation whether it is personal injury or wrongful death mesothelioma lawsuit.
  3. File Mesothelioma Lawsuit in Court: When all the information is gathered, your attorney will prepare a legal document to file a case in court.
  4. Case Responses and Discovery: Case defendant (Company) will receive a lawsuit from the court and they have 30 days to respond to that lawsuit. There is a high chance that they will deny your exposure to asbestos. Your attorney will reply to their replies.
  5. Trial or Settlement: Before trial stars, the defendant has a chance to resolve the case by offering settlement money. If you reject their offer then there is a high possibility that the company will make another high offer. Mesothelioma settlements depend on many factors which can change decision whether to go for a trial or not.
  6. Resolution: If you win the trial then the defendant (company) has a time to offer for appeal. This will delay your compensation money. The time period to appeal is between 30-180 days.

Can you sue for mesothelioma after death?

Yes, you can sue for mesothelioma on behalf of your deceased family member and seek for compensation money to cover your medical bills, lost wages and other expenses.

Are mesothelioma lawsuit settlements taxable?

Generally, mesothelioma settlements are not taxable. According to Sec. 104 of IRS tax code, compensation with direct connection of personal injuries and sickness is not taxed. But it may be taxable depending on the type of payout.

Leave a Reply

Your email address will not be published. Required fields are marked *