HomeHealth5 Mesothelioma Lawsuit Questions You should ask your Attorney
5 Mesothelioma Lawsuit Questions You should ask your Attorney
Mesothelioma is a fatal malignancy caused by asbestos exposure. Companies used it to manufacture construction material due to its insulation properties. However, when its dangers came to light, many countries worldwide banned its usage. If you got mesothelioma while working in the construction industry, you or your family could demand compensation by filing a mesothelioma claim.
The cancer diagnosis can put the family and the victim in a predicament. You have to contact the cancer center, undergo tests, and choose suitable treatment. All this is extremely costly. In this situation, compensation obtained through the mesothelioma claim can greatly help.
In a mesothelioma lawsuit, manufacturers and suppliers of asbestos-containing products are the defendants, and you are the plaintiff. But proving your claim requires producing documents about your diagnosis and work history. Therefore, it is impossible for the plaintiffs to do it themselves; a mesothelioma attorney is a much better option.
It is advised to hire a professional attorney that can make a solid case with all the evidence and contest your case and get you the compensation you need so much. It is normal to have many questions about your lawsuit and how it will unfold over time. Therefore, you should ask the following questions from your mesothelioma attorney to clarify your ambiguities.
What makes you eligible to file for a mesothelioma claim?
Knowing your eligibility to file the claim should be your priority. This must be the first question to ask a mesothelioma lawyer. A person becomes eligible to file for a claim after being diagnosed with mesothelioma.
Are you falling under the statute of limitation?
Statute of limitation is the period in which a person can file the claim. The statute of limitation in the case of mesothelioma can vary depending on the state in the USA. Normally, it is one to two years from the date of a cancer diagnosis. If you do not fall under the statute of limitation in your state, your attorney may file your lawsuit in the state where you still have time to file the complaint. Mesothelioma attorneys recommend their clients file the lawsuit as soon as possible and get the compensation. The earlier you get the money, the faster you can manage your medical and non-medical expenditures.
What resources does the lawyer have to collect the data?
Another question that you must ask from your attorney is the availability of resources that can help them compile the documents. To prove your claim against the defendants, your lawyer will conduct depositions, collect witness statements, find evidence, and track work and medical history. To do so, they often have teams of paralegals, attorneys, and a few medical professionals to collect the data. They also have databases containing the name of the companies using asbestos-containing products and names of the products. This information is crucial to drafting and winning your case. Therefore, you must be sure that your attorney can gather this information.
Do you need to travel to attend your lawsuit proceedings?
It is quite difficult for a mesothelioma victim to travel to and attend the court hearings due to fatigue and weakness of mesothelioma treatment. Most lawyers understand the predicament of their clients, give them relief, and handle the case on their own. They are often ready to work with the relatives or the victim’s family to go through each step. If this happens, things can become easier for the victim.
What are your chances of winning compensation?
Experienced mesothelioma attorneys can gauge the strength of your claim based on your work and medical history. They can weigh the worth of the available evidence and witness statements. Therefore, you can ask about the chances of winning compensation and the time it will take to get the money finally. Your lawyer may advise you to close the case with an out-of-court settlement depending on the details. But if the defendants are not willing to offer a good settlement, your lawyer will take the case to court for a verdict. The case closes with a settlement and does not take more than a year in most situations.
On the contrary, court proceedings are lengthier. A court verdict is also very risky as the judge can go against your demand, and you can end up getting nothing.
A mesothelioma is a deadly form of cancer; it can remain dormant for years, and when it is diagnosed, the patients have already entered the danger zone. Patients often don’t have much time after the diagnosis. But in these trying times, mesothelioma compensation can be a ray of hope. The right mesothelioma lawyer can help you receive compensation as soon as possible. But you must engage with your lawyer and clarify all your confusions before starting the legal proceedings.