If you developed mesothelioma from asbestos, make sure you are armed with information and ready for the fight ahead. Below are 10 common questions to ask before filing a lawsuit for mesothelioma. These can help get you started on your case, including who to hold accountable and how, and provide a launch pad for a lawsuit.
1. What Cases Qualify for a Mesothelioma Lawsuit?
You could qualify for a mesothelioma lawsuit if you were exposed through:
- Certain jobs like manufacturing or construction
- Your home or neighborhood, if it contained asbestos
Your mesothelioma diagnosis may have surprised you. If you aren’t sure where you were exposed, your legal team can investigate the possible source.
If You Were Exposed in the Military
The U.S. Department of Veterans Affairs (VA) acknowledges that armed service members faced asbestos exposure via certain jobs, like shipyards or vehicle repair. Military personnel deployed in areas with damaged buildings are also at risk.
The VA allows those who develop illnesses to file claims for disability compensation. To navigate this type of claim filing, you can consult a lawyer from our network who has experience with VA asbestos cases.
2. What Does a Mesothelioma Lawyer Do for a Lawsuit Case?
Your mesothelioma attorney is a resource as well as a representative—they investigate and research for you and speak and act on your behalf.
You can use a lawyer for:
- Understanding filing requirements
- Talking to parties involved in the case
- Gathering evidence of asbestos exposure
- Tying exposure to your mesothelioma diagnosis
- Creating a plan for representing your case
- Identifying possible compensation
3. What Is a Mesothelioma Attorney’s Background and Qualifications?
When talking to lawyers to represent you, you are interviewing them for a job. You can ask several questions before hiring them to file a mesothelioma lawsuit, including:
- What is your track record with mesothelioma cases?
- Can you provide information on past verdicts or settlements?
- Do you have experience taking a case to trial?
- Do I qualify for a mesothelioma lawsuit?
Having experience ensures they are aware of the nuances to remember and pitfalls to avoid. You can also check online reviews from clients and peers.
4. Who Can File a Mesothelioma Lawsuit?
Typically, you can file a lawsuit only if you are the person who contracted mesothelioma from asbestos exposure. In some cases, if your sick loved one is incapacitated, you can file on their behalf.
If Your Loved One Passed Away From Mesothelioma
You can file a wrongful death lawsuit. Each state has different requirements regarding which family members can file. A wrongful death attorney can explain your state’s laws.
5. Should I File a Mesothelioma Claim or Lawsuit?
What you file depends on your circumstances and who is liable. For instance:
- If you were exposed to asbestos through a product, you could file a lawsuit against the manufacturer or supplier.
- If you can trace your mesothelioma to your job, you can sometimes file a workers’ compensation claim to receive benefits.
- If you worked at a company that knows its workers were exposed to asbestos, you can file a claim to receive compensation.
A mesothelioma lawsuit attorney from our network can evaluate your situation to identify the proper path.
6. Who Are the Liable Parties for a Mesothelioma Lawsuit?
Since asbestos was used in certain industries and products, common liable parties include:
- Construction and demolition companies
- Mining companies
- Carpentry businesses
- Product manufacturers
- Production and processing facilities
Exposure can happen from working directly with asbestos or from being a consumer of certain products. Either can leave these parties liable.
7. How Long Do I Have to File a Mesothelioma Lawsuit?
Each state dictates its statute of limitations, so the exact deadline in your case depends on where you live. You have anywhere from one to several years to file. To protect your right to compensation, you can check with a local attorney from our network about your state’s filing deadline.
When Does the Clock Start Ticking?
According to the Mayo Clinic, mesothelioma can develop decades after asbestos exposure. Consequently, the statute of limitations is not dated from when you were exposed but when you were diagnosed. That way, even if you were exposed 60 years ago, you can still pursue a case.
8. What Lawsuit Compensation Is Possible for Mesothelioma?
One of the most common questions asked about filing a mesothelioma lawsuit is possible damages. You could receive compensation for:
- Past and future medical care costs
- Specialist consultations
- Past and future lost income
- Pain and suffering
- Reduced quality of life
- Wrongful death damages
9. How Do I Prove My Case in a Mesothelioma Lawsuit?
These cases hinge on tracing past asbestos exposure to your current diagnosis. That may require some detective work, but common forms of evidence are:
- Employment records
- Company records
- Military records
- Residency records
- Diagnostic testing
- Doctor testimony
- Timeline of exposure
- Witness testimony
Companies may not want to relinquish records showing they knew about asbestos exposure. You may also need to track down information from decades ago. A toxic contamination lawsuit attorney can research leads and hunt down information for you.
10. What Can I Expect From Filing a Mesothelioma Lawsuit?
A mesothelioma lawsuit case will likely start before the statute of limitations, with case evaluation, investigation, evidence gathering, witness interviews, and even negotiations with the liable party.
Once you file the lawsuit, you and your team can continue building a strategy for court. Some cases settle before reaching that point, and negotiations can go on after the lawsuit filing. If you go to trial, a jury will determine if you are owed damages and in what areas.
