Mesothelioma and Asbestos Lawsuits
Starting the mesothelioma lawsuit process can be difficult, especially when undergoing treatment or grieving for the loss of a loved one. Finding a lawyer who understands the process and will work with your situation can give you a refreshing sense of freedom so you can focus on recovering and spending time with family.It is important to begin the asbestos lawsuit process right away, as every state has its own deadlines and statutes of limitations that can prevent you from getting compensation if you wait too long.
Types of Mesothelioma Lawsuits
There are two primary types of mesothelioma claims that can be filed: personal injury and wrongful death. Which type of complaint gets filed depends on whether the mesothelioma victim is still alive and who is filing the lawsuit. An experienced mesothelioma lawyer can help you understand which type of asbestos lawsuit you will need to file based on your individual situation.Personal Injury Lawsuit
- Submitted by the patient after receiving a mesothelioma diagnosis.
- Filed against the company (or companies) responsible for the asbestos exposure leading to the disease.
- Claims specific damages due to illness caused by asbestos exposure.
- Allows the patient to recover money for treatment, travel, lost income, pain and suffering, and related costs.
Wrongful Death Lawsuit
- Submitted by surviving family after someone dies from mesothelioma.
- Filed against the company (or companies) responsible for the asbestos exposure that led to death.
- Claims specific damages related to the death of the individual.
- Allows family to recover money related to outstanding medical bills, funeral expenses, lost income potential, loss of consortium, and related costs.
Individual Lawsuits, Class Actions and Multidistrict Litigation
Some people may wonder whether their mesothelioma case will be handled individually, or as part of a mass tort such as a class action or multidistrict litigation. Your lawyer will advise you about which type of lawsuit is right for your specific situation.
Individual Lawsuits – These generally involve a single plaintiff who files suit against one or more companies over an illness related to their individual exposure to asbestos. Each side files motions and presents their evidence to a judge, ultimately being resolved either when both sides reach a settlement or the trial jury reaches a verdict.
Class Action Lawsuits – Class actions involve a person or group of people filing a lawsuit on behalf of everyone who is “similarly situated.” Classes can include anywhere from a few hundred to millions of people, and each person can decide whether to remain as part of the class action or opt out. While class actions have been filed over the years, most asbestos lawsuits are either individual or part of a multidistrict litigation.
Multidistrict Litigation (MDL) – This process allows people to file individual claims using a process that regularizes similar complaints and develops efficient procedural guidelines, allowing courts to handle more cases without lumping all plaintiffs into a single class. The primary MDL handling mesothelioma cases is MDL 875, In re: Asbestos Products Liability Litigation, which is managed by the Eastern Pennsylvania District of the United States District Court and which has included more than 186,000 cases since it was formed in 2006.
Lawsuit Process
While every mesothelioma lawsuit is different, there is a succession of steps that every case will need to follow.Step 1: Free Consultation
Before filing a lawsuit for your mesothelioma diagnosis, we will meet with you for a free consultation to talk about the various parts of the process. This will give you an opportunity to ask any questions you might have or go over any concerns about the legal process.This free consultation gives us an opportunity to understand more about the way that you or your loved one might have been exposed to asbestos. We’ll also discuss your medical history, including your diagnosis, with respect to mesothelioma and other asbestos-related diseases.
Step 2: Research Work & Medical History
Once the initial consult is completed and you choose to pursue a lawsuit, our experienced mesothelioma lawyers will start collecting data to help build your case, including:Medical reports from facilities where you (or your loved one) were treated for mesothelioma
Employment history, military service records, union membership, and other documents that support your employment history
Statements from witnesses such as co-workers, family members, friends, and product-identification specialists
All of this information will help us build your case to make it as strong as possible.
Step 3: Asbestos Trust Recovery
Once we have collected all the necessary information, we will investigate the possibility of receiving compensation from an asbestos trust fund. These trust funds are created by companies who have previously admitted liability for asbestos-related damages, and if your situation matches one or more trusts’ exposure criteria, it’s possible you will be able to receive remuneration quickly.Our attorneys are very familiar with asbestos trust requirements, and we have successfully submitted many claims on behalf of our clients who qualify.
Step 4: Other Recovery Options
Not every company that makes or has made products containing asbestos has a trust. Therefore, after evaluating the potential for compensation through asbestos trust funds, we will also assess whether your case may merit an action against any companies who have not yet fully admitted their asbestos liability. Over the course of one to two months, our attorneys will look at the various options available and provide guidance about the best course of action based on your individual case.Step 5: Choosing the Complaint Venue
Before filing a complaint, it’s extremely important to choose the most appropriate venue. Which venue is best for your lawsuit can be affected by a number of different factors, such as:Calendars and scheduling concerns
The process timeframe
Settlement and verdict history
Local and state laws
Mesothelioma lawsuits may be filed in any forum where a client has lived, worked, or served in the military. There are also a number of “open forum” states that may allow filing, if no other suitable venue is readily available.
Step 6: Filing the Lawsuit
Once the venue is determined, we will file a formal complaint on your behalf. The complaint will detail a number of legal causes of action against the asbestos company (or companies) that are likely culpable in causing or contributing to the mesothelioma diagnosis at the heart of the suit. The number of defendants (companies) named in the initial complaint will depend on both the type of mesothelioma that the victim was diagnosed with and the amount of exposure that person experienced.Step 7: Discovery Phase
Upon filing the lawsuit, the legal process will move to the discovery phase, where lawyers on both sides will present information in an effort to either support the complaint (plaintiff) or undercut it (defendant). During this period, both sides will file various motions, usually with the intent of trying to reach some kind of financial settlement before the case goes to a full trial.In most cases, the lawsuit will never reach the next stage of the legal process. Instead, most complaints will be settled before getting to trial. On the rare occasion that a mesothelioma lawsuit does go to trial – which will only happen with your consent – our attorneys have the experience, knowledge, and competence to see it all the way through.
Source : https://www.mesothelioma.com
