Mesothelioma litigation often follows a person suffering from exposure to asbestos and developing a form of cancer, leading them to seek legal compensation for damages. This cancer attacks the linings of certain organs of the body. The disease is aggressive and is often deadly. However, it can take up to 40 years to develop after the exposure to asbestos. Many victims and their family have a good chance of receiving damages for this rare condition, even if the business where the exposure occurred has been closed for some time.
In mesothelioma litigation, what types of scenarios can lead to a successful case? Having a thorough diagnosis from a doctor that is specialized in mesothelioma is essential. It is important to have all of the records of employment, documentation of exposure to asbestos, and the type or brand of asbestos. It is important to move quickly. The case should be presented before the statute of limitations runs out. The resources of the businesses involved are typically limited. It is important to seek restitution before the responsible party or their funds are bankrupt.
Mesothelioma litigation can begin after an official diagnosis of the illness from a doctor. Even if the victim is already deceased, the family has up to three years to file a wrongful death claim. There is a statute of limitations of up to five years on filing a lawsuit. It is important to respond quickly after the diagnosis, since the time limit is only one year in certain states, including Tennessee, Louisiana, and California. The clock starts to tick after the diagnosis of the illness, not from the time of exposure. Each case must be filed individually, because there are so many different factors to be considered.
The attorneys will need to collect certain evidence for the mesothelioma litigation. They will collect information and proof of the victim’s work history. There must be some type of evidence of the exposure to asbestos, and any identification of the actual product is very helpful. The diagnosis of the illness must be specific, and the expertise of the doctor with this type of specialty will be taken into consideration. It cannot be a general doctor, but must be a physician known for this type of specialty. The attorneys will be looking into any other businesses that are related to the exposure in addition to the employers, including mining companies that mined the asbestos, the manufacturers, distributors and contractors who may have installed the material into the work place. If the case goes to trial, there may be evidence given by several types of doctors involved, and the family as well.
People often wonder about legal costs and settlement totals when they are considering mesothelioma litigation. Many cases are settled out of court (before the case goes to trial). The attorneys are typically paid on a contingency basis, which means they get a percentage of the compensation. The attorney’s fee and court costs are usually around one third of the total received. These cases often result in awards that can amount to a million dollars or more. There are also disability benefits that might be received from the Social Security Administration. Speaking with an experienced attorney will shed more light on any questions.