The Mesothelioma Epidemic: A Brief Overview
Asbestos, a naturally occurring mineral, was widely used in the United States until the late 1970s. Due to its heat-resistant properties and low cost, asbestos was used in insulation, roofing, and many other construction materials. Unfortunately, asbestos exposure has been linked to a rare type of cancer called mesothelioma. Mesothelioma victims and their families have legal recourse, and lawsuits are a common way to seek compensation for medical bills, lost wages, and other damages.
What is Mesothelioma?
Mesothelioma is a type of cancer that forms in the lining of the lungs, chest, abdomen, or heart. It is typically caused by exposure to asbestos fibers, which are inhaled and become lodged in the lining of these organs. Symptoms of mesothelioma may not appear for decades after exposure, which is why the disease is often diagnosed at an advanced stage.
Why Are Lawsuits Filed for Mesothelioma?
Lawsuits for mesothelioma are usually filed against companies that manufactured or distributed asbestos products. These companies may have known about the dangers of asbestos but failed to warn workers or the public. Mesothelioma lawsuits can help victims and their families obtain compensation for medical bills, lost wages, and other damages.
Who Can File a Lawsuit for Mesothelioma?
Anyone who has been diagnosed with mesothelioma or their family members may be able to file a lawsuit. The specific laws governing these lawsuits vary by state and may depend on factors such as when the exposure occurred and who was at fault for the exposure.
What Are the Types of Mesothelioma Lawsuits?
There are two main types of mesothelioma lawsuits: personal injury and wrongful death. A personal injury lawsuit is filed by someone who has been diagnosed with mesothelioma, while a wrongful death lawsuit is filed by the family members of someone who has died from mesothelioma.
What Damages Can Be Recovered in a Mesothelioma Lawsuit?
The damages that can be recovered in a mesothelioma lawsuit depend on the specific circumstances of the case. In general, damages may include compensation for medical bills, lost wages, pain and suffering, and other losses. Additionally, punitive damages may be awarded in cases where the defendant’s behavior was particularly egregious.
What Are the Steps in a Mesothelioma Lawsuit?
The steps in a mesothelioma lawsuit may vary depending on the specific circumstances of the case. In general, however, the following steps are involved:
- Filing a complaint: This is the initial step in a lawsuit, in which the plaintiff outlines their case against the defendant.
- Discovery: This is the process in which both sides gather evidence and information from each other.
- Motions: Both sides may file motions with the court asking for certain actions to be taken or for certain evidence to be excluded.
- Trial: If the case goes to trial, both sides present their evidence and arguments to a judge or jury.
- Appeals: Either side may appeal the decision of the trial court to a higher court.
- Settlement: In many cases, mesothelioma lawsuits are settled outside of court, with the defendant agreeing to pay a certain amount of money to the plaintiff in exchange for dropping the lawsuit.
What Factors Affect the Outcome of a Mesothelioma Lawsuit?
Several factors can affect the outcome of a mesothelioma lawsuit, including the strength of the evidence, the credibility of witnesses, the skill of the lawyers involved, and the sympathies of the jury. Additionally, the specific laws and regulations governing mesothelioma lawsuits can vary by state and can have a significant impact on the outcome of a case.
The Legal Process: Filing a Mesothelioma Lawsuit
Step 1: Finding a Mesothelioma Lawyer
The first step in filing a mesothelioma lawsuit is to find a lawyer who specializes in asbestos litigation. These lawyers have experience handling mesothelioma cases and can provide valuable advice and representation throughout the legal process.
Step 2: Gathering Evidence
In order to file a mesothelioma lawsuit, the plaintiff must typically have evidence linking their illness to asbestos exposure. This may include medical records, work history, and other documentation. A mesothelioma lawyer can help plaintiffs gather this evidence and prepare their case.
Step 3: Filing the Complaint
Once a mesothelioma lawyer has helped the plaintiff gather evidence, they will file a complaint with the court outlining their case against the defendant. This complaint will typically include a detailed description of the plaintiff’s illness and how it was caused by asbestos exposure.
Step 4: Discovery
During the discovery phase of the lawsuit, both sides will gather evidence and information from each other. This may include depositions, requests for documentation, and other forms of evidence gathering.
Step 5: Motions
Both sides may file motions with the court asking for certain actions to be taken or certain evidence to be excluded. These motions can have a significant impact on the outcome of the case.
Step 6: Trial
If the case goes to trial, both sides will present their evidence and arguments to a judge or jury. This is the point at which the case will be decided.
Step 7: Settlement
In many cases, mesothelioma lawsuits are settled outside of court, with the defendant agreeing to pay a certain amount of money to the plaintiff in exchange for dropping the lawsuit.
FAQs About Mesothelioma Lawsuits
What is the statute of limitations for filing a mesothelioma lawsuit?
The statute of limitations for filing a mesothelioma lawsuit varies by state. In general, however, plaintiffs must file their lawsuit within a certain number of years after the diagnosis or the discovery of the asbestos exposure.
What is the average settlement in a mesothelioma lawsuit?
The average settlement in a mesothelioma lawsuit can vary widely depending on the specific circumstances of the case. However, it is not uncommon for settlements to reach millions of dollars.
Can a mesothelioma lawsuit be filed against a company that is no longer in business?
Yes, in many cases a mesothelioma lawsuit can be filed against a company that is no longer in business. However, it can be more difficult to obtain compensation in these cases.
Can family members file a lawsuit if their loved one died from mesothelioma?
Yes, family members of someone who has died from mesothelioma may be able to file a wrongful death lawsuit.
Can a mesothelioma lawsuit be filed against the government?
It is possible to file a mesothelioma lawsuit against the government in certain circumstances, such as if the exposure occurred while the victim was serving in the military.
Can a mesothelioma lawsuit be filed if the victim was a smoker?
Yes, a mesothelioma lawsuit can still be filed even if the victim was a smoker. However, the defendant may argue that the smoking was the primary cause of the illness and not the asbestos exposure.
What is the burden of proof in a mesothelioma lawsuit?
The burden of proof in a mesothelioma lawsuit is typically on the plaintiff, who must prove that their illness was caused by asbestos exposure and that the defendant is responsible for that exposure.
What is the difference between a personal injury lawsuit and a wrongful death lawsuit?
A personal injury lawsuit is filed by someone who has been diagnosed with mesothelioma, while a wrongful death lawsuit is filed by the family members of someone who has died from mesothelioma.
How long does a mesothelioma lawsuit take?
The length of time it takes to resolve a mesothelioma lawsuit can vary widely depending on the specific circumstances of the case. Some cases are settled relatively quickly, while others may take years to reach a resolution.
What happens if the defendant declares bankruptcy?
If the defendant in a mesothelioma lawsuit declares bankruptcy, the case may be put on hold while the bankruptcy proceedings are resolved. In some cases, a trust may be established to compensate mesothelioma victims even if the defendant has declared bankruptcy.
Can a mesothelioma lawsuit be filed against a non-US company?
Yes, a mesothelioma lawsuit can be filed against a non-US company if they sold products containing asbestos in the US.
What is the difference between a settlement and a verdict?
A settlement is an agreement reached between the plaintiff and defendant to resolve the case outside of court, while a verdict is a decision reached by a judge or jury after a trial.
What are punitive damages?
Punitive damages are damages awarded in addition to actual damages as a way to punish the defendant for particularly egregious behavior. Punitive damages can be significantly higher than actual damages.
Take Action: Protect Your Legal Rights
If you or a loved one has been diagnosed with mesothelioma, it is important to seek legal counsel as soon as possible. A mesothelioma lawyer can help you understand your legal rights and pursue compensation for medical bills, lost wages, and other damages.
Additionally, mesothelioma victims and their families may be eligible for financial assistance through trusts set up by bankrupt asbestos companies. A mesothelioma lawyer can help you determine if you are eligible for such compensation.
Closing Disclaimer
This article is intended for informational purposes only and should not be construed as legal advice. Laws governing mesothelioma lawsuits vary by state and can be complex. If you have questions about your legal rights, it is important to consult with a qualified mesothelioma lawyer.
| State | Statute of Limitations | Medical Criteria | Special Requirements |
|---|---|---|---|
| Alabama | 2 years | Diagnosis or death | None |
| Alaska | 2 years | Diagnosis or death | None |
| Arizona | 2 years | Diagnosis or death | None |
| Arkansas | 3 years | Diagnosis or death | None |
| California | 1 year | Diagnosis or death | None |
| Colorado | 2 years | Diagnosis or death | None |
| Connecticut | 3 years | Diagnosis or death | None |
| Delaware | 2 years | Diagnosis or death | None |
| Florida | 4 years | Diagnosis or death | None |
| Georgia | 2 years | Diagnosis or death | None |
| Hawaii | 2 years | Diagnosis or death | None |
| Idaho | 2 years | Diagnosis or death | None |
| Illinois | 2 years | Diagnosis or death | None |
