Mesothelioma Claim In 2024 | All-Inclusive Guide
A mesothelioma claim, also known as an asbestos claim, is a legal action that allows mesothelioma patients and their loved ones to acquire compensation for illnesses related to asbestos exposure.
Mesothelioma is a type of cancer that attacks the lining of the tissues covering most body organs. Unfortunately, most mesothelioma cases are diagnosed while already in the advanced stage, which is why it is often too late for patients to survive it. Nonetheless, mesothelioma can be overcome with a timely prognosis and treatment.
Types of mesothelioma lawsuit
One of the first things your lawyer will determine is which type of mesothelioma claim 2024 to file. The type of lawsuit depends on whether you are the victim or a family member who lost someone to mesothelioma.
It is filed on behalf of a victim against the parties responsible for their asbestos exposure and resulting diagnosis. A mesothelioma personal injury lawsuit is usually expedited because the patient’s condition only worsens over time, and they deserve justice and compensation as soon as possible.
Victims of asbestos exposure don’t always live to see the outcomes of their lawsuit or may never be able to file a lawsuit in time. Family members can file a wrongful death mesothelioma lawsuit, or they can continue the ongoing claim that was started by their family member who had mesothelioma.
These types of lawsuits sometimes take longer than a personal injury lawsuit. Still, they usually provide compensation to cover all the medical bills and funeral expenses. In addition, these types of lawsuits cover pain and suffering and the loss of companionship.
Statute of limitations in mesothelioma claim
A statute of limitations is a law that places a time limit on filing a mesothelioma claim. That means if you don’t file a lawsuit within the time allotted by the statute of limitations, you will be barred from getting any recovery for the losses and damages you suffered. Statutes like this are in place to promote justice and ensure that legal action is taken promptly.
Since mesothelioma, lung cancer, and asbestosis often develop many years after a person’s initial exposure to asbestos, the statute of limitations for filing a lawsuit related to asbestos exposure is based on either the date of diagnosis of an asbestos-related disease or the date of death caused by one of these diseases.
Note also that the statute of limitations also varies from state to state. The appropriate statute of limitations for each lawsuit depends on multiple factors, such as where a person lives, when they were exposed, the place of exposure, and the location of the companies that may be involved.
We recommend connecting with an established mesothelioma law firm that can find out if you are within the statute of limitations. Ethen Ostroff Law is one of the trusted law firms in Pennsylvania. We can assist you and connect you with the right mesothelioma law firm to represent you in your claim.
How long do mesothelioma lawsuits take?
Mesothelioma lawsuits vary in terms of how long they take to be resolved. Various factors determine the length of these lawsuits, such as:
- The law firm you choose to represent you.
- How you choose to seek justice for your mesothelioma cases.
- The defendant’s legal team and how they choose to represent their client.
Mesothelioma claim timelines
Mesothelioma lawsuits are complex and can be time-consuming if you attempt to take one on yourself or with an inexperienced lawyer. On the other hand, with an experienced mesothelioma lawyer, the timeline can move pretty quickly (as long as the defense doesn’t make things more complicated by drawing out the process).
Once you hire a lawyer to represent you, the process looks like this:
This is the information-gathering phase of the lawsuit, which can take weeks to months.
The defendant is given a chance to respond to the claim brought against them. This is typically about 30 days or less. If they don’t respond promptly, you could win your case by their default.
This takes place after the defendant responds. It includes more information gathering and compiling to prove the facts of the case. This can take from weeks to months.
Most mesothelioma cases never go to trial and are resolved with a mesothelioma lawsuit and settlement. A settlement can take an average of 18 months.
What to expect from the top Mesothelioma law firm?
Mesothelioma law firms are experts in all things relating to asbestos exposure and the resulting asbestos-related diseases. The law firms that stand out from the rest would have:
- Extensive years of experience in the field.
- Databases of local asbestos-contaminated sites and local companies that knowingly exposed people to asbestos.
- Teams of investigators to track down the cause of your exposure, find the responsible companies, and compile the proof needed for a solid case to win.
- Knowledge of all options, including asbestos trust funds.
- The ability to make you feel comfortable and taken care of.
- Free case evaluations without charging extra money until you win your claim.
How to file a mesothelioma claim
An experienced legal team will take you through the process of filing your lawsuit against mesothelioma by going through the following steps:
This step involves compiling information on the asbestos-containing products that you used and which companies made them. This can be complicated since asbestos victims don’t know they’ve been exposed until their diagnosis 10-50 years later.
More than one company may be at fault for your asbestos exposure, which can increase the value of your claim. Your mesothelioma attorney will determine all specifics of your case, and then file the mesothelioma claim on your behalf once they’re confident they have built a strong case. They will file either a personal injury lawsuit, wrongful death lawsuit, asbestos trust fund claim, or VA benefit.
The goal of your law firm will be to settle your case as quickly as possible for the highest amount of financial compensation possible. Many times this is done through a settlement. On average, settlements award between $1 and $1.4 million in total compensation, and victims receive payouts in under a year. This can vary depending on several factors that affect the case.
Compensation for Mesothelioma lawsuit
- Funeral expenses (in a wrongful death lawsuit).
- Lost wages.
- Medical treatment.
- Travel expenses to and from treatment.
- Other expenses resulted from your diagnosis.
Mesothelioma claim settlements are more common as mesothelioma trials can be very expensive, and most companies want to avoid them. In addition, the trial verdicts can result in higher awards for victims in many cases, but less than 5% of cases typically go to trial and not all of the ones that do result in a favorable verdict for the mesothelioma victim.
Ethen Ostroff Law is a renowned platform that can help you get a fair settlement for your mesothelioma claim. We can help you get access to the top lawyers having years of experience handling mesothelioma cases. Call us on 610-510-8883 to get professional assistance from experienced and licensed lawyers.