Mesothelioma is a type of cancer that can develop on the lining of the lungs due to asbestos exposure. Asbestos is a mineral used in construction materials, so the workers at construction sites need to take precautions to protect themselves. These workers can inhale asbestos particles, creating health complications that are eventually fatal. A person has a right to file a lawsuit in case of a mesothelioma diagnosis. A mesothelioma lawsuit allows cancer patients to receive financial compensation from the company that exposed them to asbestos.
According to research, the average financial compensation from a mesothelioma lawsuit is around $2.4 million. It shows how financial compensation has helped many patients to bear their medical expenses. It is crucial to diagnose mesothelioma as early as possible so that you can file the lawsuit right away. You need to have the required documentation to file the lawsuit, such as medical reports that can prove you are suffering from mesothelioma. Also, you need to document the history of asbestos exposure, including testimony and employment records.
Without further ado, let’s find out the steps that you need to follow to file a mesothelioma lawsuit for compensation.
Hire an Attorney
One of the initial steps to filing a lawsuit is to choose an attorney. It would be better to look for an attorney in your city or state with relevant expertise and experience.
For example, if you reside in Maryland, find a Maryland mesothelioma lawyer who has a proven track record of handling mesothelioma lawsuits. You may take a look at the portfolio of the attorneys and consult their previous clients to know more about them.
Also, some law firms and attorneys offer free consultation services to analyze the case. It helps you understand about different legal aspects and options involved in your case. You need to look for similar options that will initially help you build the case without spending money.
Preparation and Case Review
After hiring an attorney, you need to work with them to prepare the case. You have to provide correct details to your attorney by answering their questions about asbestos exposure and medical history. It is one of the major parts of the mesothelioma case review, so you need to work with your attorney. You may have to provide additional testimony or work details to strengthen your case, which means you have to stay active during the case.
To prepare the case in your favor, the attorney needs to figure out what compensation and claim options can be suitable. The expertise of an attorney plays a key role in preparing the documentation and gathering evidence that is required to support your claim. However, your contribution to the case is also equally important to get the final verdict in your favor, so you need to cooperate with your attorney.
A doctor cannot make correct medical recommendations unless you are not sharing the exact details of your health issue. The same goes with an attorney, as you need to provide all the details that can impact your case.
File a Mesothelioma Lawsuit
After collecting the relevant information and evidence, your attorney will file a lawsuit and deal with legal proceedings on your behalf. You need to take the attorney’s advice seriously regarding whether you should negotiate for more compensation or take a settlement offer to finish the case. Attorneys with years of experience usually know the better option, so it will be beneficial for you to do as they say.
Response and Discovery
The defendant will get a copy of the complaint from you and have thirty days to give a response to it. Mostly, defendants do not admit that they are at fault. They will refuse your claim and try to prove that your complaint is invalid. Also, it is possible they might blame someone else for your asbestos exposure. Your attorney is responsible for responding to the defendant in the most appropriate manner.
On both sides, it is crucial for attorneys to gather details about your allegation. They may ask another side to provide documents and answer the written questions. Also, some of the critical information can be used as evidence in court. You probably have to answer the questions from the lawyers of the defendant under oath, so you have to be prepared. The experience and competence of attorneys in such situations play a key role in helping you.
Trial or Settlement
It is possible that before the trial starts, the defendants will offer you a certain amount of money. You need to consider different aspects that are involved in mesothelioma settlements. It can also impact the final verdict, so you need to know about it beforehand.
If you do not want to take a settlement offer, you may get another offer from the defendant. You should let your attorney handle everything that will help you get the best possible offer.
Mostly, such cases do not go to trial, but if any of them does, then the results of a claim depend on different factors. It includes your asbestos exposure history, medical history, and the state where the lawsuit is filed. You will start receiving payments after a few months of the verdict if you win.
If you get the final verdict in your favor, then the defendants can appeal within 30 to 180 days. If the appeal of the defendants is not successful, then you will be eligible to receive the amount of compensation. But if the appeal of your defendants is successful, they may need to pay a lesser amount, depending on the nature of the case.
Filing a mesothelioma lawsuit can be a daunting and complex process. You need to hire an experienced attorney who has a good record of handling mesothelioma lawsuit cases. This will help you make correct decisions at each phase of the case. Eventually, you will be able to receive the desired financial compensation to bear your medical expenses.