What should you do if you or your loved one is diagnosed with mesothelioma? It is sad if you know that you have one, but it can be prevented only if your company well informed you about the risk of your work. So what happens now? To gain more insights on what you should do, try to consider visiting a mesothelioma lawsuit.
The aggressive type of cancer that is caused by asbestos is called mesothelioma. It affects the heart, lungs, and abdomen. People who worked and exposed to asbestos products are the one who commonly diagnosed with it, most especially the older individual. Mesothelioma is difficult to diagnose but if early detection and early treatment; you can be a cancer-free.
By filing a lawsuit can help a person who is diagnosed with mesothelioma and can be recompense. Some qualified attorneys can assist you in this case. They can advise you in the process that you should undergo and help you to file your right to claim and provide you with the right compensation that you should receive. Most of these cases are settled before the trial took place.
Types of mesothelioma lawsuits
- Claims for Personal Injury
For a person who is diagnosed with mesothelioma who wants to file a personal injury lawsuit to the responsible company who exposed them to the asbestos.
- Claims for Wrongful Death
If the person diagnosed with mesothelioma passes away, the decedent’s family can be the representative to file the wrongful death of their loved one. And can provide them with assistance for financial and other kinds of help.
Finding for a Mesothelioma Attorney
For filing a lawsuit, you need the help of an attorney. A mesothelioma attorney to be exact can help you with the process of the case. They know with the asbestos case and can determine who will be charged in or who is at fault. When consulting to the asbestos attorney, you need to be honest and prepared yourself to tell your health history, current, and your past employment. It is essential to seek an attorney that can help you and you are comfortable too.
Steps for Mesothelioma Case Process
Here are the steps that the mesothelioma lawsuits follow:
- Preparation
To identify who is at fault for your condition, and your attorney will collect all the information about your history for being exposed to asbestos.
- Filing
To start the legal procedure, your attorney will file a written complaint and will prepare to submit the documents. See to it that your complaint is according to the different court rules on how your document must be written, for the case to move forward and the details for your claim to verify.
- Responses
The defendant of your lawsuit will be receiving a copy of your complaint and has the chance to respond within the allotted time.
What to expect for the defendant:
- Discovery
This case may take a long process perhaps several months. Both sides will collect information about your claims and changing questions to answer as written to participate in statements and to produce documents. Your attorney can request the court to speed up the process before your condition might be worsening if you cannot take this long process, and you are very sick.
- Settlement
There are circumstances that before the trial starts, the defendant may offer money to resolve the case. But if you decline the offer, it is possible that the defendant will make this another offer in during the trial. Settlements may vary on different factors, and your attorney will help you to negotiate about it.
- Trial
The trial procedure differs depending on where you file the claim. In various cases, it is not needed for you to appear in court. Instead, if you win and the defendant does not appeal then a few months after the trial usually you can be receiving your payments.
- Appeal
There are instances that the defendant files a petition when you win from the case. Filing an appeal can be 30 or 180 days in a limited time. It can delay the monetary award, but the defendant must need to post a bond for the amount awarded while the appeal proceeds. You will start receiving money if the defendant loses in its appeal. But if the request is successful, the defendant may pay a little amount or sometimes nothing.
Above all, mesothelioma case is different, and filing mesothelioma lawsuit has a lengthy procedure and is complicated. If you need more information about filing a mesothelioma lawsuit, you can seek an attorney who has more knowledge about this case and to clearly explain to you what your legal actions are should be.
