Did you know that you can file against companies that cause you severe diseases and earn compensation? Law comes into existence to side with the victim and helps them gain their rightful claim. People who get injured or become sick because of other people’s negligence can file personal injury claims and earn some compensation after proving their claim. Plaintiffs hire attorneys and follow the case to get their rights by proving that they got injured due to other people’s carelessness. Similarly, the immediate family of a deceased person can file a wrongful death lawsuit against people whose actions have caused the deceased person’s death. Mesothelioma is cancer and can cause death.
Medical experts claim that asbestos is the primary cause of the development of mesothelioma. Asbestos is a fibrous natural mineral that is unbreakable. Since it has building qualities and is heat resistant, many companies work with harmful materials. People coming into contact with asbestos can inhale the deadly fiber in a thin membrane covering internal organs. Mesothelioma patients can file for personal injury claims against the company that exposed them or their family to asbestos. In unfortunate cases, if people die due to mesothelioma, their family can seek compensation by filing wrongful death claims and gain compensation on deceased people’s behalf.
Many people are ignorant about law and medical matters. They are not aware of their rights to file lawsuits; thus, they do not know the procedure either. Below we are giving a guide to filing a mesothelioma lawsuit:
- Select a Competent Attorney
Regardless of the type of lawsuit one is filing, choosing a qualified attorney is the first step to strengthening people’s claims. It would be better if people choose specialized lawyers as they have an in-depth insight into the field and know the system inside and out. For personal injury, they must go for personal injury lawyers as it raises the chances of earning claims. People must do their homework and conduct their research before finalizing any lawyer. They can search online by typing a law firm specializing in mesothelioma to get the best firms in the town. Some of the firms even offer free consultation and can guide people better about the procedure.
- Evidence Gathering
Many attorneys who deal with personal injury claims or wrongful death investigate like a crime inspector. They will conduct detailed question-answer sessions from plaintiffs about asbestos exposure to prepare the case. The process would require attorneys to collect additional information about companies’ history and their asbestos exposure. In addition, lawyers will have to meet coworkers and ex-coworkers to make a case and gather data. They may meet medical experts and physicians diagnosing cancer to collect medical history. Attorneys collect information from different resources to gather evidence and prepare plaintiffs’ cases.
- Case Review
Once lawyers have done the initial preparation, they must review the case and have detailed sessions with the plaintiffs. Lawyers can advise complainants about how they can build a stronger case and suggest to them the responses. Checking the issue before taking it to court gives a clear idea to plaintiffs about what to expect and sets the course accordingly.
- File Lawsuit
Written complaints are the first step to filing for an asbestos lawsuit, referred to as pleading. Lawyers draft the complaint and rub them into the appropriate court. Lawyers must ensure that they jot down all the relevant points that build the basis for an asbestos lawsuit. Once the complaint reaches court, the other party is called the defendant. In many cases, plaintiffs do not have to be physically present, and lawyers can file on their behalf. Professional attorneys stay in touch during the legal proceedings and suggest to plaintiffs their relevant responses. Most of the time, complainants do not know if they should negotiate for further compensation, and competent attorneys help them reach a decision.
- Discovery or Responses
Defendants will receive a copy of the filed suits and will have a specific time to respond. Defendants can prepare their case in the meantime and come up with the responses. In most cases, the accused party does not admit fault and argues that the complaint is invalid. Attorneys will have to reply to every response and proof that their clients claim is valid. In most mesothelioma cases, asbestos takes years to cause disease, and plaintiffs’ attorneys have to gather evidence from years ago. Lawyers on both sides argue, produce a shred of evidence to claim their argument, and participate in depositions. The process of discovery may take months.
- Trial or Settlement
In some cases, defendants offer a settlement before the trial. Every issue of mesothelioma is different and depends on several elements. Plaintiffs can discuss whether they go for settlements or trials with lawyers depending on the subject and proof. Mesothelioma court cases may take months, sometimes years, to reach a decision, and plaintiffs must consider all aspects before deciding to go for trial or settlement.
- Resolution/Appeal
If plaintiffs manage to win the case, defendants hold the right to appeal on certain days. An appeal may delay the compensation, but defendants will have to post bond for the amount awarded during the proceedings. If defendants lose the appeal, they have to pay the decided compensation. However, if their appeal is successful, they will have to pay a smaller amount or nothing.
Conclusion
A mesothelioma is a destructive form of cancer. Unfortunately, in most mesothelioma cases, doctors find themselves unable to diagnose it in the early stages, as the disease’s symptoms are many common health concerns. By the time doctors diagnose the condition, cancer has usually reached a later stage. Asbestos cause mesothelioma, and in many states, as per rule, the use of asbestos is banned unless its content is only 1%. People who suffer from any form of mesothelioma can file personal injury claims. Suppose mesothelioma patients pass away of the disease, their immediate family can file a wrongful death claim against companies that exposed deceased people to asbestos. Competent lawyers can be of great help as they assist plaintiffs in earning their rightful claim.
