Mesothelioma, a rare form of cancer caused by asbestos exposure, is a devastating diagnosis that affects not only the victim but also their family members. In South Carolina, mesothelioma victims may be entitled to compensation from companies responsible for their exposure to asbestos. Mesothelioma settlements can help victims and their families get justice and financial support during a difficult time.
What is Mesothelioma?
Mesothelioma is a type of cancer that affects the lining of the lungs, heart, or abdomen. The primary cause of mesothelioma is exposure to asbestos, a naturally occurring mineral used in the construction and manufacturing industries. When asbestos fibers are inhaled, they can become lodged in the lungs, leading to inflammation and scarring. Over time, this can lead to the development of mesothelioma.
Common Symptoms of Mesothelioma
Some common symptoms of mesothelioma include:
| Symptom | Description |
|---|---|
| Shortness of breath | Difficulty breathing, even at rest |
| Chest pain | Pain in the chest or lower back |
| Coughing | Persistent cough that worsens over time |
| Fatigue | Extreme tiredness and weakness |
South Carolina Mesothelioma Settlements
South Carolina has a statute of limitations of three years for filing a mesothelioma lawsuit, which means that victims have three years from the date of their diagnosis to file a claim. It’s important to work with an experienced mesothelioma attorney who can help you navigate the legal process and ensure that your rights are protected.
Factors That Affect the Amount of Settlement
Several factors can affect the amount of a mesothelioma settlement, including:
- The severity of the victim’s illness
- The amount of asbestos exposure
- The length of time between exposure and diagnosis
- The defendant’s ability to pay
- The strength of the evidence linking the defendant to the victim’s exposure
Types of Mesothelioma Settlements
There are two main types of mesothelioma settlements:
- Out of Court Settlements – Many mesothelioma cases are settled out of court, often through negotiations between the victim’s attorney and the defendant’s legal team. Out of court settlements can be a quicker and less expensive way to receive compensation.
- Trial Verdict Settlements – In some cases, mesothelioma cases may go to trial. If the victim wins the case, they can receive a larger settlement, but the process can be lengthy and expensive.
How to File a Mesothelioma Lawsuit in South Carolina
To file a mesothelioma lawsuit in South Carolina, you’ll need to follow these steps:
- Choose an attorney who specializes in mesothelioma cases
- Gather medical records and employment history to prove exposure to asbestos
- File a complaint with a South Carolina court
- Serve the defendant with a copy of the complaint
- Begin the discovery process, which allows both sides to exchange information
- Attend mediation, where a mediator will try to help both sides reach a settlement
- If a settlement cannot be reached, the case may go to trial
What to Expect During a Mesothelioma Settlement
In general, mesothelioma settlements can take anywhere from six months to a year to reach a resolution. During the process, you can expect:
- Your attorney to gather evidence related to your asbestos exposure
- You to provide testimony about your illness and exposure
- Mediation or negotiations to reach a settlement
- If necessary, a trial to determine the amount of compensation
The Importance of Working with an Experienced Mesothelioma Attorney
Mesothelioma lawsuits can be complex and time-consuming, and it’s crucial to work with an attorney who specializes in this area of law. An experienced mesothelioma attorney can help you:
- Determine your eligibility for compensation
- Gather evidence related to your asbestos exposure
- File your claim within the statute of limitations
- Negotiate with defendants to reach a fair settlement
- Represent you in court if necessary
Frequently Asked Questions
What is the average mesothelioma settlement?
The amount of a mesothelioma settlement can vary widely, but the average settlement is between one million and two million dollars.
How long does it take to receive a mesothelioma settlement?
The process of receiving a mesothelioma settlement can take anywhere from six months to a year or more, depending on the complexity of the case.
Can a mesothelioma settlement be taxed?
Yes, mesothelioma settlements are typically subject to federal and state taxes.
What types of damages can be included in a mesothelioma settlement?
A mesothelioma settlement can include compensation for medical expenses, lost wages, pain and suffering, and other damages related to the victim’s illness.
Can family members file a wrongful death lawsuit for mesothelioma?
Yes, if a loved one dies from mesothelioma, their family members may be able to file a wrongful death lawsuit against the responsible parties.
How do I choose a mesothelioma attorney in South Carolina?
When choosing a mesothelioma attorney, look for someone with experience in this area of law, a track record of success in mesothelioma cases, and a commitment to fighting for their clients’ rights.
Will I have to go to court for my mesothelioma lawsuit?
It’s possible that your mesothelioma lawsuit may go to trial, but many cases are settled out of court. Your attorney can help you understand what to expect throughout the legal process.
Can I file a mesothelioma lawsuit even if I don’t know where I was exposed to asbestos?
Yes, if you’ve been diagnosed with mesothelioma and don’t know where you were exposed to asbestos, an experienced attorney can help you investigate your work and personal history to determine the source of your exposure.
What are the risks of filing a mesothelioma lawsuit?
There are relatively few risks associated with filing a mesothelioma lawsuit, but it’s important to be aware of the potential costs and time commitment involved in pursuing a legal claim.
Can I file a mesothelioma claim on behalf of a deceased family member?
Yes, if a loved one has died from mesothelioma, their family members may be able to file a wrongful death lawsuit against the responsible parties.
What is the statute of limitations for filing a mesothelioma lawsuit in South Carolina?
In South Carolina, mesothelioma victims have three years from the date of their diagnosis to file a lawsuit.
How much does it cost to hire a mesothelioma attorney?
Mesothelioma attorneys typically work on a contingency fee basis, which means that they only get paid if they win your case. This fee is usually a percentage of the settlement or verdict amount.
What is the difference between a settlement and a verdict in a mesothelioma case?
A settlement is an agreement between the victim and the defendant to resolve the case outside of court, while a verdict is a decision made by a judge or jury after a trial.
What are the benefits of settling a mesothelioma lawsuit out of court?
Settling a mesothelioma lawsuit out of court can be quicker and less expensive than going to trial. It also allows victims to receive compensation without the risk and uncertainty of a trial.
Can I still file a mesothelioma lawsuit if the company responsible for my exposure has gone out of business?
Yes, you may still be able to file a mesothelioma lawsuit even if the company responsible for your exposure is no longer
in business. An experienced attorney can help you understand your legal options.
Conclusion
While mesothelioma is a devastating diagnosis, victims and their families may be entitled to compensation from companies responsible for their exposure to asbestos. Mesothelioma settlements can help victims get the financial support and justice they deserve during a difficult time. If you or a loved one has been diagnosed with mesothelioma, it’s important to work with an experienced attorney who can help you navigate the legal process and protect your rights.
Don’t wait to take action. Contact a mesothelioma attorney today to discuss your legal options and get the compensation you deserve.
Disclaimer
This article is not legal advice and should not be used as a substitute for professional legal advice. Consult with a qualified attorney for advice about your specific situation.
