7 Things You Should Know When Filing A Mesothelioma Claim

Filing A Mesothelioma Claim

Today, cancer’s become the second-largest cause of death in the United States. It’s estimated that some 1.6 million Americans are diagnosed with cancer each year, while around 600,000 die because of it. In the 20th century, mesothelioma grew prevalent due to a lack of awareness that asbestos exposure was the cause of the disease.

However, several companies knowingly made their employees work in asbestos-infected environments. These workers developed mesothelioma decades after the exposure and are now seeking payment for their suffering from their former employer(s). So, what are some important things you should know about filing a cancer lawsuit? We’ll explain everything here for your sake.

Your guide to cancer claims

The harmful influence of asbestos, a naturally occurring fibrous mineral, wasn’t discovered earlier, because of which it was heavily utilized in the construction industry. Now, medical experts recognize it as the single known cause of mesothelioma. In this rare form of cancer, asbestos particles injure the mesothelium (a tissue-based layer covering your internal organs), thereby causing scarring and swelling.

It takes a long time for this cancer to develop, and 80% of people exposed to asbestos have contracted mesothelioma. If you believe your current or former employer knowingly exposed you to these deadly fibers, you should bring a lawsuit against them. Let’s describe some crucial factors to remember while filing your claim now:

1. Hire a mesothelioma attorney

You should employ the services of well-reputed mesothelioma lawyers with years’ worth of experience handling these lawsuits. These professionals help attain some compensation mesothelioma patients deserve for their suffering. These lawyers ensure you’re eligible to receive this payment and establish your case by collecting the required evidence. This compensation can pay for your at-home care, mesothelioma treatment, loss of income, travel expenses, end-of-life care, and other costs.

2. Lawyers work on a contingency basis

Remember that lawyers handling mesothelioma lawsuits don’t receive anything upfront. They work on a contingency basis, which means they get something if you win the lawsuit. When the client receives the promised payment, the attorney takes an agreed-upon percentage from it. But they get nothing if the client doesn’t win! This arrangement helps cancer patients employ a lawyer’s services fearlessly. The lawyer will usually take 25–40 percent of your winnings when you’re the winner.

3. Collect the relevant evidence

Now, you must gather the required evidence to empower your lawsuit. Remember that filing cancer claims will constitute having a valid claim and presenting extensive evidence. Thus, the lawyer must prove you were exposed to asbestos and developed mesothelioma because of the actions of your employer(s). That’s why you should collect the required documents to build a case in your favor. Which sort of documents should you gather? Here’s what you need to give to the lawyer:

• Your medical history

• Your employment records

• The mesothelioma diagnosis

• A record of the damages incurred by this disease

4. You have a time limit

Don’t forget, mesothelioma lawsuits can’t be filed after some time has passed. States have named them “statutes of limitations,” which means you have to file the claim within a year after the cancer’s been diagnosed. Most states don’t allow plaintiffs to seek justice after the statute of limitations has expired. If the victim has died, their spouse can file a wrongful death lawsuit 1-3 years after that person’s demise. So, you must take legal action legally after you’re diagnosed with cancer.

5. Determine your legal options

You should consider different legislative options for seeking compensation. Consult with your lawyer and discover alternative options to pursue legal action against your current or former employer. What are the other options? We’ve explained some of these payment sources for your know-how:

• Personal injury claims: This includes people exposed to asbestos while using products containing these harmful fibers. So, you can file a personal injury lawsuit against such manufacturers.

• Workers’ compensation claims: Many victims are diagnosed with mesothelioma as a work-related illness. You can obtain workers’ compensation by filing your claim within a year after receiving your diagnosis.

• Asbestos trust funds: What if your opponent declares bankruptcy? Well, trust funds ensure that companies can pay cancer patients even if they’ve gone bankrupt. So, you may receive some compensation from these sources.

6. How long does the case last?

The duration of this process varies. While some cases are settled in a matter of months, others take years to conclude. Patients prefer to settle with the guilty party to receive some payment earlier. So, we can claim that average mesothelioma lawsuits are finalized in a few months, after which patients receive much-needed compensation. Remember that lawsuits take longer to conclude. If you’re suffering from a terminal illness today, your lawyer may advise in favor of settling out of court.

7. How much compensation can you get?

The payment depends on many factors related to your disease’s nature and intensity. We have estimated that judges award $2.4 million to victims on average. However, most cases reach an out-of-court settlement, and patients receive compensation ranging from $1 million to $1.4 million. Your lawyer will attempt to negotiate a favorable settlement if the lawsuit doesn’t seem financially beneficial. So, you should attend to the attorney’s judgment and settle if they suggest.

Conclusion

Mesothelioma is a deadly disease caused by asbestos exposure. It’s estimated that some 2,500 Americans have died each year of malignant mesothelioma between 1999 and 2005. Many people today are filing claims against their employers who exposed them to deadly fibers. But these employees should remember some crucial aspects of filing cancer claims. It begins with victims hiring mesothelioma attorneys for representation. These lawyers also work on a contingency basis and are affordable.

Lawyers will help you gather the required evidence to empower your lawsuit against the guilty party and prove their negligence in your case. You must file this lawsuit before the statute of limitations expires. It seems smarter to determine several legal options to ensure you come back from this episode with some payment. In most cases, the two parties reach an out-of-court settlement. However, victims will get $1 million to $1.4 million if the case goes to trial for the victim’s treatment and other expenses.