A person who has developed mesothelioma due to asbestos exposure can file a legal complaint. It can also be filed by a family member who has developed the illness through close contact with the individual who was exposed to the carcinogenic elements. In case that the individual has passed away, the case can be filed by the executor of the deceased's estate or a family member.
Can I file a case if I think I have been affected by asbestos?
There has to be a diagnosis of mesothelioma before a legal case can be filed. Once diagnosis is confirmed by your doctor and you were given medical advice, you should then contact a lawyer to help you get started with a lawsuit.
Who will I be suing?
The answer to this depends on when, where and how you were exposed to asbestos. Either you were exposed in your workplace several years ago, or exposure may be because of a faulty product containing asbestos. Your lawyer can give you the best advice on this.
Can doctors be sued for the delay in giving the proper diagnosis?
There were some cases filed against medical negligence, however this is very tricky. The symptoms of mesothelioma are not very specific; sometimes they can be associated with other common diseases. Also, the mesothelioma symptoms can manifest decades after exposure to the harmful products. You will need to be completely honest with your doctor if there was any instance you were exposed to asbestos so that you will be given proper treatment and medical attention immediately.
How long will the mesothelioma litigation last?
Though there is no certain set time, but some lawyers can get the case sorted quicker than the rest. But the process normally takes a while. The more research is needed to come up with a solid case, the longer the procedure can take.
When is the right time to file my claim?
The general timetable is one to two years from the time of diagnosis, but it varies from state to state. It is important that you know the statute of limitation in your state and move immediately; otherwise you might lose your eligibility to claim. The time limit still applies if you are claiming for a deceased loved one; it is even more vital to act fast because of the research needed for the case.
What if I missed the deadline for filing my claim?
You can always seek legal advice to see if there is anything that can be done once the deadline has elapsed. Your lawyer may have an idea what to do, but normally a missed deadline may result to slim chances of success.
Where can I look for a mesothelioma lawyer?
Finding a mesothelioma lawyer should not be a problem as there are many attorneys already trained and experienced in dealing with these cases. You can check out the credentials and experiences of independent lawyers or law firms through the internet. Or you may submit the details of your situation online, giving the law firm access to evaluate the merits of your case and then give you advice. The local phone directory is also a good source of the details of mesothelioma lawyers. Be sure you find someone who has a vast experience and a pool of resources and contacts for quick resolution of the lawsuit.
What if I cannot provide the details as to time and place I was exposed to asbestos?
It will surely hasten the process if such information is readily available. But if you don't remember the details, the lawyer may hire (at his own expense) an investigator to do the needed research and provide accurate information when and where the asbestos exposure occurred and which companies or manufacturers are responsible.
How much will the legal assistance cost?
Mesothelioma lawyers generally work on a contingency fee based on the compensation paid out when the case is won. You will not need to pay anything, no upfront payments, until compensation is received and the lawyer simply takes a percentage of the amount you received, normally around 35%.
How much compensation will I get?
Past settlements have reached up to hundreds of thousands of dollars and even multi-million dollars. However, the compensation will largely depend on the merits of the case. This may be discussed with your lawyer when you talk about the details of your claim.
What is the coverage of the compensation?
The lawsuit may cover several things. First, for the medical expenses, tests and treatment that may have run up enormous bills. Secondly, you have the right to be repaid for the pain, grief and anguish you and your family went through. And finally, you would be glad to give security for the future of your family once you are gone which will be paid by the companies responsible for your fate.
Will the legal case be submitted in the state where I reside?
Not essentially. The lawyer normally selects the state with the best chances of success and the biggest compensation. It will not really affect you as you will not need to shell out extra amount and will even be more advantageous to you if more compensation will be awarded.
Will my lawsuit reach the court?
The lawyer usually tries to make an out-of-court settlement which makes a lot of savings on time and money.
Do I have a guarantee for the success of my lawsuit?
As in any legal case, there are no guarantees here. But seeking legal advice as soon as possible can make a lot of difference. You will also need to provide complete and honest information to your lawyer in order to put up a concrete case and increase your chances of success.
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