Mesothelioma lawsuit Guide । Settlement for asbestos lawsuit 

A mesothelioma lawsuit is a legal action for asbestos-based mesothelioma patients to receive compensation from the irresponsible companies that made asbestos products. 

Mesothelioma patients or their family members can apply for a claim. Here’s everything you need to know about a mesothelioma lawsuit, eligibility, settlement and how to file and typical settlements.

What is mesothelioma cancer?

Mesothelioma cancer is a type of cancer that occurs in the thin layer of tissue, which covers most of the internal organs of your body. It is a deadly form of cancer. 

Mesothelioma treatments are available nowadays. But for most people with mesothelioma, a cure isn’t possible. But a mesothelioma lawsuit can help to recover the expenses.

Mesothelioma symptoms

Doctors divide mesothelioma cancer into different types. The types are based on what part of the mesothelium is affected. And the symptoms of mesothelioma cancer depend on where the cancer is occurring. These are-

  • Pleural mesothelioma cancer.
  • Peritoneal mesothelioma cancer.
  • Other types of mesothelioma cancer.

Pleural mesothelioma

This type of mesothelioma affects the tissues around the lungs. Causes and symptoms may include:

  • Pain in chest.
  • Shortness of breath.
  • Unnecessary lumps of tissue under the skin on your chest.
  • Painful coughs.
  • Unexpected weight loss.

Peritoneal mesothelioma

This type of mesothelioma affects the tissues in the abdomen. Causes and symptoms may include:

  • Pain in the abdomen.
  • Abdominal swelling.
  • Unexpected weight loss.

If you have these signs then diagnose and make a mesothelioma lawsuit.

Mesothelioma Diagnosis 

If you have faced symptoms like mesothelioma in your body part, you must go to a doctor. Your doctor will conduct some physical tests. By this, he will check for any lumps or other unusual symptoms.

Your doctor may order tests, such as-

  • A chest X-ray.
  • CT scans of the chest, lungs and abdomen.
  • MRI- Magnetic Resonance Imaging.
  • PET- Positron Emission Tomography 

Mesothelioma treatment

  • Surgery to decrease the fluid build-up
  • Surgery to remove the affected tissues around the lungs. 
  • Surgery to remove the lung and the surrounding tissues. 
  • Peritoneal mesothelioma Surgery.
  • Chemotherapy treatment.
  • Radiation therapy treatment.
  • Immunotherapy treatment.

If you are a patient you can file a mesothelioma lawsuit.

Mesothelioma life expectancy

After diagnosis, the survival rate is typically 4-18 months of mesothelioma. Only 70% to 90% of patients live longer than one year. Five-year survival ranges rarely 10% to 15%. But there have been some patients who have lived 10 years or more, after diagnosis. 

The survival rate depends on different factors. Mesothelioma type, age, gender, treatment and other factors can all affect survival rate and life expectancy. 

In stage 4 of mesothelioma, some symptoms appear where the cancer has spread. Including the liver, kidneys and spleen of your body. You may feel unwellness and need help moving around.

What is a mesothelioma lawsuit?

Mesothelioma lawsuit Guide
Mesothelioma

Mesothelioma lawsuit case is a type of product liability lawsuit. It is filed to recover financial compensation from irresponsible companies that made asbestos products to help with treatments, medical expenses and related costs. 

A lawsuit must prove a mesothelioma diagnosis was caused by asbestos exposure. So that, the patients could win their claims.

Types of Mesothelioma Lawsuits and Claims

After a mesothelioma diagnosis, People file an asbestos claim to receive compensation. A mesothelioma claim is a legal action. It allows patients and their family members to get compensation for mesothelioma, which is caused by asbestos exposure. 

There are 3 types of mesothelioma claims. These are-

  • personal injury lawsuits, 
  • wrongful death lawsuits,
  • trust fund claims.

Personal injury lawsuits

Personal injury claims are filed by individuals who have been exposed to asbestos and subsequently diagnosed with a related illness. Claimants file against the asbestos company held accountable for their exposure.

The term “asbestos company” pertains to the entity accountable for negligent exposure. This encompasses firms dealing with raw asbestos, producers of asbestos-containing products, or careless employers. 

If employers were aware of asbestos exposure at the worksite and failed to inform employees or supply them with protective gear, asbestos victims have the right to sue them.

Apart from occupational exposure, individuals can pursue a personal injury lawsuit when they develop an illness due to the use of asbestos products or secondary exposure.

Read More: Best Car Accident Lawyer Near You 2023

Wrongful death lawsuits

A wrongful death claim can be filed by the family member of a mesothelioma patient. After a loved one (mesothelioma patient) dies from an asbestos or related illness, family members have the right to file a claim. It would be an individual file to claim against an asbestos company to receive financial compensation.

Here is some more information related to this mesothelioma lawsuit:

  • If a patient passes away during the legal proceedings, claims will likely be paid to the victim’s family.
  • Wrongful death claims can be disbursed in a single lump-sum payment or through several instalments.
  • Mesothelioma lawyers can assist family members in ascertaining their eligibility to initiate a claim.
  • Attorneys typically distribute the compensation as his fee from claims after death.

Trust fund claims

An asbestos trust is created during the bankruptcy proceedings of an asbestos company. It was created to provide compensation for both current and future claims.

Asbestos trust claims can be filed by anyone with an asbestos disease. Just needs proof of exposure to the company’s products. If victims were exposed to multiple companies’ products, they may be rightful to file claims with multiple bankrupt trusts. Mostly the trust fund claims payout quickly than mesothelioma lawsuit settlement.

Mesothelioma lawyers always help asbestos victims to gather the necessary information. Mesothelioma lawsuits also help to file a successful trust claim on the victim’s behalf. Then these claims are reviewed by the bankruptcy trust fund administrators.

What is needed to file a mesothelioma claim

The best mesothelioma asbestos lawyers will help clients to file a claim. He will collect the necessary information and documents for a successful mesothelioma lawsuit. They will support victims or family members with finding and compiling this information.

Some documents are required to file a mesothelioma claim. including:

  • Documents showing financial hardship.
  • An asbestos company works on history document.
  • Medical reports and records as proof of asbestos-related diagnosis.
  • Proof of asbestos exposure in diagnosis.
  • Testimony stating the cause of exposure.

After collecting these all documents you will be able to file a mesothelioma claim.

Who can file a mesothelioma claim?

A mesothelioma claim can be filed by-

  • Victims of asbestos exposure, who are diagnosed with mesothelioma.
  • Family members of the mesothelioma patient, after the victim’s death.

How to File a Mesothelioma Lawsuit 

A lawyer can assist patients or family members to file a mesothelioma claim. Many mesothelioma patients are Worried about their eligibility. They don’t know how much they will receive from their claim and how quickly they will receive compensation. 

An experienced lawyer in asbestos litigation can help people answer these questions. They can also guide them through the claim-filing process.

The general steps to filing a mesothelioma claim are including:

  • Meeting eligibility requirements.
  • Determining claim type. 
  • Gathering documents. 
  • Awaiting claim review.

All these processes might be difficult for you. So you can hire a professional lawyer for the mesothelioma lawsuit.

Compensation for Mesothelioma

Mesothelioma compensation is financial help for the patients and family members affected by mesothelioma asbestos. It will only be provided after proving the asbestos exposure. Mesothelioma compensation helps to cover medical costs, loss of wages, travel costs and other losses due to mesothelioma cancer.

Mesothelioma compensation rates mainly differ for each case. The average settlement of the mesothelioma lawsuit claim is $1 million to $1.4 million. On the other hand, Asbestos trust funds can pay out more than $150,000. 

If the mesothelioma claim goes to trial, then the average payout is $2.4 million. Most of the simple settlements payout from $1 million to $2 million. 

Benefits of a Mesothelioma Settlement

The main benefit of a mesothelioma lawsuit settlement is that the compensation is guaranteed, although the settlement may be smaller than the potential trial verdict.

If a trial verdict may result in a larger award of damages than a settlement, there is no guarantee a jury will side with you. Qualified mesothelioma lawyers know there is no surety to gain the claim.

Motives a defendant might consent to settle:

  • Discovery of information favourable to the complainant.
  • A compelling deposition that favours the complainant.
  • Short of time to complete necessary research and collect necessary documents before a trial.
  • Abrupt unavailability of a crucial witness or expert needed to win the case.
  • Desire to avoid ongoing legal fees From a protracted lawsuit.

Conclusion

Mesothelioma lawsuit files can recover all losses of victims. If the patient died wrongfully her family members are rightful for the claim. So, hire a qualified lawyer and take steps for mesothelioma claims.

FAQ’s

How Long Does a Mesothelioma Claim Take?

Mesothelioma claim takes time ranging from months to one year or longer. The time frame depends on the type of claim and the circumstances of each case.

Is there any hope for mesothelioma patients?

There is currently no definitive cure for any type of mesothelioma cancer at any stage. However, the diagnosis for stage 1 or stage 2 is more favourable for patients than for later stages.