Filing a mesothelioma lawsuit is a major step towards getting compensation for your asbestos exposure that has caused your illness. It is worth looking at the process, so that you know what to expect. This guide gives information about the eligibility to sue a company or an individual as well as about the legal process and the possible results.
Individuals who have been diagnosed with this type of cancer have the right to file a claim against the company or people responsible for their exposure to asbestos, which is the main cause of the condition. Relatives of individuals who have died from this condition can also have a lawyer file a mesothelioma lawsuit on their behalf.
It is particularly important to note that even though this type of cancer most often affects the lining tissue of the lungs, it is not lung cancer. That is why individuals, who have been exposed to asbestos and have lung cancer, cannot file a mesothelioma claim. In general, since lung cancer can be caused by other factors, apart from asbestos exposure, lung cancer lawsuits against companies working with or making asbestos are much less likely to result in compensation.
In most states, there is a time limit for filing a mesothelioma lawsuit. Usually, this limit is one to two years, upon diagnosis. This is important to keep in mind since before a lawsuit is filed the mesothelioma lawyer needs to investigate your case. The investigation can take months and it may not show that you have legal eligibility to sue someone for compensation. For this reason, it is important to seek advice from an attorney as soon as you or a relative of yours has been diagnosed with the condition.
The legal systems in the different states and cities work differently, especially in terms of speed. That is why it may take quite a lot of time before the lawsuit that has been filed on your behalf to go to trial. During this time, your attorney will prepare for the case. There will be meetings between the legal representatives of both parties. This makes it possible for a compensation agreement to be reached before the case goes to court. Such cases are not rare, but this is not standard practice.
It is perfectly normal for you to be concerned about the cost of the mesothelioma lawsuit. The fees of attorneys are usually determined on case to case basis. Still, it should be pointed out that most mesothelioma lawyers charge fees only if they win the case. This means that you do not have to pay for the investigation as well as for the work on the lawsuit, unless you win.
Most sufferers and their families are hopeful about the outcome of the mesothelioma lawsuit and this is how it should be. Still, you should take into account the fact that it is possible to lose. Furthermore, even if you win, the defendant may appeal the court's ruling. It is also possible for you to get compensation that is much smaller than you have expected. In general, you should be prepared for every possible outcome.