Dealing with mesothelioma and its symptoms can be difficult for those suffering from it and their care providers. Its treatment can cost you hefty amounts, often leave you bankrupt. However, mesothelioma takes a long time to develop. One of the major causes of mesothelioma is asbestos exposure. Still, studies say that if you are exposed to asbestos for a long time, the chances are you have already developed mesothelioma. Legally, asbestos is no longer used for insulation material, but some old buildings may have asbestos. It belongs to a group of minerals that creates thin yet inhalable fibers leading to serious health issues.
People suffering from mesothelioma can file a lawsuit against their employer. In addition, a mesothelioma lawsuit can help you secure the financial expenses required for the treatments. With thousands of people diagnosed with mesothelioma every year, many have legal recourse against a manufacturer, an employer, or a third party responsible for their condition.
Moreover, understanding the legal aspects of mesothelioma claims requires an attorney specialized in these lawsuits. Many people are unaware of the legal claims for mesothelioma. You can search for an expert lawyer for mesothelioma cases from any online resource or a reference. It’s better to look for a national law firm that can give you a detailed insight into such cases and help you understand the processes involved.
If you want to know more about the mesothelioma lawsuits and legal claims? Here’s what you need to know.
- How Much to Expect
When filing for a legal claim for mesothelioma, the compensation depends on the type of claim or lawsuit a person has filed. According to a 2016 report by Mealey’s Litigation, the mesothelioma trial payouts can range up to $2.4 million. However, the average settlement ranges from 1 to 1.4 million dollars. Once you have made a claim, it goes for trial, where a settlement can be reached, or the jury can determine the amount of compensation. If a person dies from mesothelioma, the family members like spouses or dependents can be eligible for the compensation through a wrongful death lawsuit filed on behalf of the estate.
- How Long Does it Take
The duration of a compensation claim or a lawsuit is another factor that one should keep in mind. It depends on the type of claim that you have filed. The schedule of the trial will stretch more than the regular timeline. You can expect a trail to go for a year or even more. However, you have no way of knowing where the verdict may land. But, the compensation out of a trial can be much higher than a settlement if you win the case. So, if you decided to go for a trial, prepare your mind for a year or more. Your lawyer can also guide you about the claim to the asbestos trust funds created by the companies for a quick settlement without waiting for long.
- Benefits of Filing Claim
If you are wondering why you should file a claim against the responsible, you have got all the reasons to do so. Many patients often worry about their family’s well-being and leaving them in constraints. Filing a compensation claim can give you enough money to pay off the debt or invest it in your family’s well-being. Most employers are aware of the hazards associated with asbestos. Suppose they have failed to provide you the necessary safety at work. In that case, it is your right to seek justice and compensation for the life and death situation you are going through. Filing a claim can also help you with the medical and travel expenses that you have to bear for your treatment. Dealing with mesothelioma leaves many patients without a stable income, but compensation can help you afford the living.
- Mesothelioma Settlements
Settlements refer to monetary amounts agreed by both parties involved in a legal dispute. This scenario involves the patient filing a legal claim versus the employer or other party responsible for their demise. There are high chances of uncertainty in trials; settlements are the surefire way to receive compensation within few months.
The primary benefit that you can avail through settlements is that your money is guaranteed. Trials are often risky as the outcome may not turn in your favor. On the other hand, settlements help you avoid lengthy trials, and you do not have to decide the settlement in a courtroom.
- Statute of Limitation
Your lawyer can guide you about the term called the statute of limitation. There is a deadline to file a lawsuit for mesothelioma. When you discover your injury, you are on a deadline. The legal aspects vary from state to state, and another state’s law may not approve the benefits that you may get. Therefore, the minute you get your diagnosis, you can contact your lawyer to file the case. You can go for a personal injury claim to get compensation but ensure that you don’t miss the deadline given by the law to file a claim after your diagnosis. If you have missed the deadline of filing the lawsuit, your claims will go null and void, leaving you empty-handed.
The asbestos use as insulation is no longer valid. However, some companies still manufacture products involving asbestos or some construction sites that are abundant in asbestos. Often employers are aware of the hazards associated with asbestos, and it is their responsibility to look for the safety of their workers. If workers on-site develop mesothelioma, they can file a lawsuit to seek financial compensation against their employer.