Asbestos lawsuits, such as mesothelioma litigations, has been one of the most significant mass torts in the United States since 1964, when doctors first reported a link between asbestos exposure and mesothelioma cancer.
People diagnosed with mesothelioma after working with or around asbestos have an excellent chance of receiving "damages" either from the company that manufactured or installed the asbestos, or from an insurance company or asbestos victims' trust fund that has assumed liability for the company. Thanks to asbestos victims' trust funds, this is true even if the original manufacturer has closed its doors or has gone bankrupt.
Filing the claim
The first step in filing a mesothelioma claim is to find an attorney who is familiar with asbestos cases. Mesothelioma lawsuits are a difficult process that necessitates the expertise of attorneys in order to collect compensation from the responsible defendants. Asbestos litigators with experience will be able to piece together the elements of your case. You increase your chances of recovering compensation swiftly by pursuing your injury or wrongful death lawsuit with a company that has an established track record against asbestos defendants. Most mesothelioma lawsuits are settled without the need for a long trial.
Types of mesothelioma lawsuits
The sort of legal complaint filed in mesothelioma asbestos cases will be determined by the plaintiff. Asbestos mesothelioma claims can be filed in two different ways. The claim can be made on behalf of the diagnosed patient or family members who will be able to initiate a wrongful death mesothelioma case, or directly by the victim themself. Whether the victim files a wrongful death action directly or through family members, the statute of limitations will differ. To preserve your right to sue, you must be conscious of the relevant statute of limitations for your case.
After being diagnosed with mesothelioma, the patient files a personal injury case. Personal injury lawsuits allow patients to collect money for treatment, travel, lost wages, pain and suffering, and other related expenses.
Following the death of a loved one from mesothelioma, family members pursue wrongful death lawsuits. These lawsuits are not the same as personal injury lawsuits.
After a loved one has died from mesothelioma, the family can file a lawsuit to obtain compensation for unpaid medical bills, funeral expenses, lost earning potential, loss of consortium, and other expenditures.
Statute of limitations
When it comes to mesothelioma cases, there is a time limit by which you must file your lawsuit. Each state will have its own time limit, which will begin when the patient receives their initial diagnosis. While certain jurisdictions may have lengthier laws, the time will normally begin when the diagnosis is received. Furthermore, there are different statutes of limitations for filing a mesothelioma lawsuit after the loss of a loved one that a family member can claim and that are specific to the state wrongful death statute of limitations that begin when your loved one passes away.
If you need help filing a mesothelioma lawsuit, contact Personal Injury Lawyer in New Haven, CT