Mesothelioma claims often occur when a patient has been diagnosed with a rare type of cancer usually caused by asbestos exposure. It is important to understand the specifics of this cancer, as well as the cause. A good understanding can often help patients deal with the challenges that lay ahead.
This particular type of cancer develops in the protective lining that covers many of the human body’s internal organs. It is most commonly found in the lungs and the abdomen. Exposure to asbestos, usually in the workplace, is the primary risk factor of this disease. Symptoms of this rare cancer may not develop until twenty (20) years after the initial exposure. Some of the symptoms include shortness of breath, wheezing and pleural effusion (excessive fluid on the lungs).
Patients who are diagnosed with this painful and devastating condition may seek just compensation for the pain and suffering that is involved by filing mesothelioma claims. It is important to hire a reputable lawyer who has been successful in working with these types of cases. Referrals and checking for personal injury accreditation are helpful in finding a reliable lawyer. Many knowledgeable attorneys consult with potential clients at no cost, and most of them are only paid if the plaintiff wins a settlement.
Time is of the essence with these lawsuits. Each state has its own statute of limitations for filing mesothelioma claims. Preparation is also paramount. The attorney will gather information to see what party or parties may be liable for damages. In some instances, the case may be eligible to be filed in more than one court.
The next step in the process involves filing a written complaint with the court. An experienced attorney with working knowledge of specific court rules and details will help greatly during this time. A copy of the complaint is then sent to each defendant. Each company or company representative will have around thirty (30) days to respond. Once the responses are received the attorney will reply.
Discovery is another crucial element to the case. Attorneys from both sides will gather information. Both sides will ask questions, ask for documentation and require depositions of the various people involved. The opposing party will try to gather evidence to show that the defendant was not at fault. The attorney for the plaintiff will provide guidance on sample disposition questions and how to answer any discovery questions involved with the mesothelioma claims.
After this step, the plaintiff’s and defendant’s attorneys may try to settle the case to prevent a trial. If necessary, the case may go to trial, where expert medical testimony may be required. If the defendant wants to dispute the verdict, an appeal may be filed with the court. If the appeal is denied, the plaintiff will start receiving compensation payments.
Those suffering the debilitating effects of this rare cancer may be reimbursed for the pain and suffering involved as well as for medical costs and loss of income. Mesothelioma claims have increased and will probably continue to do so as more people are being diagnosed with this type of cancer years after their exposure to asbestos.