If you were recently diagnosed with mesothelioma, chances are you have been exposed to asbestos. Employees such as construction workers, power plant workers, shipyard workers, electricians, and shipbuilders are at high risk of exposure to this toxic mineral. So, no matter how and when you were exposed to this cancerous element, you can take a few legal steps to make things better. Meaning, you can file a mesothelioma lawsuit in court to be eligible for compensation from the negligent party.
Typically, there are three types of mesothelioma lawsuits; wrongful death lawsuits, trust fund lawsuits, personal injury lawsuits. Your lawyer will study your case and exposure history and help you decide which lawsuit is the right one for you. Furthermore, depending on your situation, compensation can come from various sources. For instance, you might receive compensation from insurance companies, asbestos trust funds, liable companies, or the Department of Veteran Affairs. If you contract mesothelioma, listed below are a few steps you should take to improve your chances of winning your lawsuit and receiving fair compensation.
1) Consult With A Competent Mesothelioma Attorney
Before filing a mesothelioma lawsuit, you should consult an attorney to discuss your goals and objectives. Doing so will enable you to ask critical questions about the lawsuit filing process. Not to mention, it will give your lawyer a better idea about your particular case. For example, during your consultation with an attorney, they might ask you about asbestos exposure and your previous medical history. After knowing everything about your situation, your lawyer will help you determine the possible avenues of compensation that might include asbestos settlement trusts, companies selling asbestos-containing products, and more. So, it is best to speak to an advocate or mesothelioma attorney to weigh your compensation options.
2) Help Your Attorney Gather Evidence And Prepare Your Claim
A mesothelioma attorney or firm will start by collecting supporting evidence regarding your exposure to asbestos and the following illness. During this step, your lawyer will learn more about your previous history regarding working with asbestos and other vital factors that might help with your claim, such as medical records, employer details, etc. After gathering the necessary evidence, your lawyer will consult your physician about your mesothelioma diagnosis. Furthermore, you will probably have to provide any information that might help your lawyer gather more details about the employers who exposed you to this cancerous mineral. Moreover, they will speak to the individuals that work at the companies to identify if asbestos exists inside the workplace.
3) File A Complaint Against The Responsible Party
The next step to take is to register a complaint against the party responsible for exposing you to asbestos. Your lawyer will draft and file this complaint in the appropriate court. Typically, this complaint contains the legal basis for your mesothelioma lawsuit, including the extent of your cancer and information about your asbestos exposure. These legal complaints are usually directed towards organizations that use asbestos in the workplace but fail to post warnings about the dangers of exposure. This complaint is filed in the clerk’s office, so you won’t have to be present when your attorney files it.
4) Wait For A Response
After your attorney has filed the complaint with the court clerk’s office, the defendants will receive a copy of the lawsuit via mail. Typically, mesothelioma cases take a lot of time to conclude, especially if the negligent party or organization is no longer in business. However, your attorney has the connections and resources to track down defendants to ensure they see their day in court. At first, most of these defendants will usually deny being responsible for your asbestos exposure, arguing that your cancer was caused by another business’s negligence or your complaint is invalid.
5) Look For Settlement
The defendants will usually offer your compensation to end your lawsuit from going to trial. After all, most of these defendants will choose to settle with you as they will have to pay less than what the judge might order. Not to mention, trials are costly, and you probably won’t be able to deal with all the negative attention the lawsuit brings.
So, settling with the negligent party will be in your best interest if you don’t have the time and money to invest in a lengthy court case. It is especially the case if your cancer is in its last stages and you need money to pay for treatment and other medical expenses.
If you’ve been diagnosed with mesothelioma, it is in your best interest to take legal advice from a competent law firm. Consultations are usually free, and your attorney won’t receive payment until you win your claim. If you don’t, they won’t get paid. Follow the legal steps mentioned above, and you will be well on your way to receiving the treatment and compensation you deserve.