FAQs About Mesothelioma Lawsuits
Mesothelioma is a rare but devastating cancer caused primarily by asbestos exposure. If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation through a lawsuit. Below, we answer some of the most frequently asked questions about mesothelioma lawsuits to help you understand your rights and options.
1. What is a Mesothelioma Lawsuit?
A mesothelioma lawsuit is a legal claim filed by individuals or families affected by asbestos exposure. These lawsuits aim to hold responsible parties, such as manufacturers of asbestos products or employers, accountable for the harm caused by negligence.
2. Who Can File a Mesothelioma Lawsuit?
You may be eligible to file a mesothelioma lawsuit if:
- You were diagnosed with mesothelioma due to asbestos exposure.
- A loved one passed away from mesothelioma, and you are filing on their behalf (wrongful death claim).
3. What Compensation Can I Receive?
Compensation from a mesothelioma lawsuit may cover:
- Medical Expenses: Costs for treatments like chemotherapy, surgery, and medications.
- Lost Wages: Income lost due to inability to work.
- Pain and Suffering: Physical pain and emotional distress caused by the illness.
- Wrongful Death Damages: Funeral costs and loss of companionship for families of victims.
4. How Long Do I Have to File a Mesothelioma Lawsuit?
The statute of limitations for mesothelioma lawsuits varies by state. In most cases, you have:
- 2 to 3 years from the date of diagnosis. Some states have statute of limitations for mesothelioma cases as soon as one year from the date of diagnosis, so it is imperative to contact a mesothelioma lawyer quickly after you or a loved one is diagnosed.
- 2 to 3 years from the date of death for wrongful death claims.
It's crucial to act quickly, as delays may affect your ability to file a claim.
5. What Evidence Do I Need to File a Lawsuit?
Evidence is critical for building a strong mesothelioma case, including:
- Medical records confirming the diagnosis.
- Work history to establish asbestos exposure.
- Witness statements and employment documents.
- Documentation of asbestos-containing products you were exposed to.
6. How Much Does It Cost to File a Mesothelioma Lawsuit?
Most mesothelioma lawyers work on a contingency fee basis, meaning you only pay the mesothelioma lawyer if they win your case. This ensures that legal representation is accessible to everyone, regardless of financial situation.
7. How Long Does a Mesothelioma Lawsuit Take?
The timeline varies depending on the complexity of the case and whether it goes to trial. Many lawsuits settle within 6 to 12 months, while cases that proceed to trial may take longer.
8. Can I File a Lawsuit if the Responsible Company is No Longer in Business?
Yes. Many companies that used asbestos have established asbestos trust funds to compensate victims. Your lawyer can help identify and file claims against these trusts.
9. What Are the Success Rates for Mesothelioma Lawsuits?
Mesothelioma lawsuits have a high success rate because the only known cause of mesothelioma is exposure to asbestos, with many cases resulting in substantial settlements or verdicts. According to recent data:
- The average mesothelioma settlement is between $1 million and $3 million, this is usually paid by a number of defendants.
- Verdicts in court trials can range from $5 million to $100 million, depending on the circumstances.
10. Where Can I Get Legal Help for a Mesothelioma Lawsuit?
Choosing the right lawyer is critical for a successful mesothelioma claim. An experienced asbestos attorney will:
- Investigate your exposure history.
- Identify liable parties and trust funds.
- Fight for maximum compensation on your behalf.
Contact Us Today for a Free Consultation
If you or a loved one has been diagnosed with mesothelioma, we're here to help. Contact us at 1-800-799-7914 or fill out our form to speak with an experienced mesothelioma lawyer at Boling Law Firm.