A mesothelioma lawsuit is a legal remedy afforded to individuals diagnosed with this asbestos-caused cancer, or those representing the estate of someone who has died of the illness.
What makes this particular type of cancer unique in itself is that it can only be acquired through long exposure to asbestos. As it is a material most commonly used in construction and insulation, its presence is practically invisible, at least until the symptoms get so worse as it can no longer be ignored.
Once the diagnosis is confirmed, however, it’s best to determine immediately whether to file a claim for damages.
Why Sue for Mesothelioma Cancer
This type of cancer is something that can definitely be avoided. Because its cause is so specific, as it only needs to be avoided in order to avoid getting cancer. Therefore, if a property owner, or an employer, is aware of the presence of asbestos and did not take any measures to prevent the inhalation of the same, they can be made liable for the exposure.
If only for the huge cost involved in treating cancer, or making sure that the grieving loved ones can be financially taken care of, seeking the help of a mesothelioma lawyer should be a priority.
Especially because of all the pieces of evidence that must be submitted to the court, and the fact that there is a statute of limitation for mesothelioma cases, you should be quick in coordinating with a lawyer to build your case. A mesothelioma case can be filed up to five years from the diagnosis or discovery of the disease.
Note, however, that certain cases like California, Louisiana, and Tennessee, only allow up to one year from the time of diagnosis.
What to Expect in the Process
Most cases get settled before they even get to a jury. However, if the case involves a huge sum of money, it can run for up to two years. In consideration of the very aggressive disease, however, courts usually fast-track the hearings in consideration of the patient. In case the patient passes away while the case is being heard, then the spouse or estate representative can take over the continuation of the case.
As for the rate of compensation, factors that can impact compensation include the degree of “pain and suffering” experienced by the patient because of their condition, and impact on their quality of life, as well as their family’s. Historically speaking, claimants have been awarded anywhere between the range of $1 million to $5 million.
Don’t forget, however, that there still are other payables attached to this awarded amount, such as outstanding medical expenses, if any, lawyer’s fees, court costs, and others.