🚨 Attention all mesothelioma patients and their loved ones in Virginia!🚨
If you or a loved one has been diagnosed with mesothelioma, it is important to be aware of the new Virginia laws that could impact your case. In this article, we will cover everything you need to know about the new laws and how they could affect your legal options in seeking compensation for your illness.
Introduction: Understanding Mesothelioma
Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart. The primary cause of mesothelioma is exposure to asbestos, a toxic mineral that was commonly used in a variety of industries throughout the 20th century. Unfortunately, mesothelioma has a poor prognosis, and many patients face significant medical expenses and lost wages as they battle this disease.
If you or a loved one has been diagnosed with mesothelioma, it is essential to seek legal guidance as soon as possible. With the help of a qualified mesothelioma lawyer, you may be able to pursue compensation from the companies responsible for exposing you to asbestos.
What Are the New VA Laws on Mesothelioma?
The Virginia legislature recently passed several laws that could significantly impact mesothelioma patients’ ability to seek justice in court. These laws went into effect in July 2020 and cover a wide range of issues related to asbestos exposure and mesothelioma claims.
| Law Number | Law Title | Summary |
|---|---|---|
| SB 1164 | Asbestos: Fee Award and Expert Witness | Requires plaintiffs to pay a portion of defendant’s legal fees if they reject a settlement offer and later lose their case. Also, limits the number of expert witnesses that can testify in an asbestos case. |
| SB 1189 | Asbestos: Confessions of Judgment | Prohibits defendants from using “confessions of judgment” as a strategy to avoid paying damages in asbestos cases. |
| SB 1165 | Asbestos: Consolidation of Cases | Allows mesothelioma patients to consolidate their cases in a single court for greater efficiency and convenience. |
How Might These Laws Impact Mesothelioma Patients?
At first glance, the new Virginia laws may seem like positive changes that protect mesothelioma patients’ rights. However, there are some potential downsides for those seeking compensation for asbestos exposure.
Under SB 1164, mesothelioma patients who reject a settlement offer and later lose their case could be forced to pay a portion of the defendant’s legal fees. This provision could discourage some plaintiffs from pursuing litigation, even if they have a strong case.
Similarly, SB 1165’s consolidation provision could create logistical challenges for some mesothelioma victims. Consolidating cases may make sense for some patients, but others may prefer to keep their cases separate, particularly if they have unique circumstances that affect their claims.
Despite these potential challenges, mesothelioma patients and their families should not give up hope. With the help of an experienced mesothelioma lawyer, you can navigate these new laws and pursue compensation for your illness.
Frequently Asked Questions
1. What is mesothelioma?
Mesothelioma is a type of cancer that develops in the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos, a toxic mineral commonly used in construction and other industries.
2. Who is at risk for mesothelioma?
Anyone who has been exposed to asbestos is potentially at risk for mesothelioma. However, people who worked in the construction, shipbuilding, or automotive industries are at particularly high risk.
3. What are the symptoms of mesothelioma?
The symptoms of mesothelioma can vary depending on where the cancer is located. Common symptoms include chest pain, shortness of breath, abdominal swelling, and weight loss.
4. How is mesothelioma diagnosed?
Mesothelioma is typically diagnosed through a combination of imaging tests, biopsies, and other medical exams. If you suspect you may have mesothelioma, it is essential to see a doctor as soon as possible.
5. What is the prognosis for mesothelioma?
Mesothelioma has a poor prognosis, with an average life expectancy of just 12-21 months. However, some patients may live longer with aggressive treatment and care.
6. Can I file a lawsuit for mesothelioma?
Yes, if you or a loved one has been diagnosed with mesothelioma, you may be able to file a lawsuit against the companies responsible for exposing you to asbestos. However, the new Virginia laws may impact your legal options, so it is essential to work with an experienced mesothelioma lawyer.
7. How long do I have to file a mesothelioma lawsuit in Virginia?
In Virginia, you have two years from the date of your mesothelioma diagnosis to file a lawsuit. However, there are some exceptions, so it is important to speak with a lawyer as soon as possible.
8. What damages can I recover in a mesothelioma lawsuit?
If you win your mesothelioma lawsuit, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and other related costs.
9. Can I still file a mesothelioma lawsuit if the company responsible for my exposure is no longer in business?
Yes, in some cases, you may still be able to file a lawsuit against the company responsible for your asbestos exposure, even if they are no longer in business. Your mesothelioma lawyer can help you determine your legal options.
10. How much does it cost to hire a mesothelioma lawyer?
Many mesothelioma lawyers work on a contingency fee basis, which means they only get paid if you win your case. Typically, contingency fees are around 30% of your total settlement or award.
11. Can I still file a mesothelioma lawsuit if I live outside of Virginia?
If you were exposed to asbestos in Virginia or the defendant company is based in Virginia, you may be able to file a mesothelioma lawsuit in the state. However, the laws may vary depending on your location, so it is best to consult with a lawyer.
12. What should I look for in a mesothelioma lawyer?
When selecting a mesothelioma lawyer, look for someone with experience handling these types of cases, a track record of success, and a compassionate, client-focused approach.
13. What should I do if I have been diagnosed with mesothelioma?
If you have been diagnosed with mesothelioma, it is essential to seek medical care and legal guidance as soon as possible. Contact a mesothelioma lawyer to learn about your options for pursuing compensation.
Conclusion: Fighting for Your Rights as a Mesothelioma Patient
If you or a loved one has been diagnosed with mesothelioma, you are not alone. With the help of an experienced mesothelioma lawyer, you can navigate the complex legal landscape and pursue the compensation you deserve for your illness.
Despite the new Virginia laws, there are still options available for mesothelioma patients and their families. By taking action today, you can protect your rights and hold the companies responsible for your asbestos exposure accountable.
Don’t wait. Contact a mesothelioma lawyer today to learn about your legal options and start fighting for your rights.
Closing/Disclaimer
The information contained in this article is intended for general informational purposes only and should not be construed as legal advice. Each case is unique, and the laws surrounding mesothelioma claims may vary depending on the jurisdiction and circumstances of each case. If you have been diagnosed with mesothelioma, it is essential to seek legal guidance from an experienced mesothelioma lawyer. The author of this article and the website on which it appears are not responsible for any actions taken or not taken based on the information contained herein.
