Mesothelioma is cancer in the lining of organs typically the lungs which can be obtained when a person has been exposed to asbestos which is a mineral with very fine fibers that can damage our organs especially our lungs if inhaled.
Many who get this kind of illness work in power plants, mines and large jobs where the workers may be exposed to toxins and chemicals.
After someone has been diagnosed with mesothelioma a few years after exposure, the victim or their family may seek compensation and ask the company for financial help to help them pay for medical bills and alike. And make up for the emotional and physical distress they have caused if proven liable for exposing the victim with asbestos because of negligence.
Can I sue for having mesothelioma?
Filling a lawsuit may depend on multiple factors, but you may be able to sue for compensation. The factors include where you were exposed to asbestos and how it happened, who is responsible for your exposure and when you have been diagnosed with mesothelioma. Consultation with a qualified mesothelioma lawyer as soon as possible is a must.
Most settlements cost between $1 Million to $1.4 Million as an average amount according to 2016 Mealey’s Litigation Report. There may be several factors that can affect the value of your claim:
- Amount of asbestos the person was exposed to – exposure to asbestos has a high link to developing mesothelioma considering it is the only found cause to developing cancer. The amount of asbestos-exposed to the victim is carefully examined to determine how much the value of the claim is.
- Economic Loss – many victims of mesothelioma and their families, suffer from loss of income because of the victim’s inability to work and the bills paid for his/her medical bills caused by having mesothelioma. This usually results in having debts and difficulty to find money to sustain their wellbeing. The economic loss for each case is factored for compensation.
- Medical Bills – having mesothelioma is not easy, and it requires a high amount of money to be treated. Bills can stack up very quickly during this process. Medical expenses are a great factor that affects the value of the case. After all, the compensation for medical expenses is the main objective of a settlement and is meant to somehow lift the financial burden of the victims and their family.
Types of Mesothelioma Lawsuits
The type of lawsuits to be filed depends on who is filing it, where the money is going and other things that should be taken into consideration when it comes to determining the amount of the compensation. There are two major types of mesothelioma lawsuits: Personal Injury and Wrongful Death Lawsuit
- Personal Injury – this applies to the patient him/herself if filing for a claim on their behalf after receiving a mesothelioma diagnosis. The victim shall file against a company or companies that are likely to be responsible for his/her exposure to asbestos. This type of lawsuit allows the victim to recover money for the cost of their treatment, travel expenses, loss of income and other pain and suffering related things. Filling a claim may take a long time since the victim will have no way of knowing that they have mesothelioma decades before they become diagnosed with cancer. It is important to speak to a mesothelioma lawyer as soon as possible after the diagnosis has been made.
- Wrongful Death Lawsuit – this type of lawsuit is filed by the surviving family members of the victim who passed away from mesothelioma. They will claim specific damages related to the death of their loved one. Just like the other one, this will be filed against the company that might be responsible for their loved one’s exposure to asbestos. This allows the family to receive reimbursement for the medical bills they have paid for the victim, funeral expenses, loss of potential income, loss of consortium and other related damages.
In addition to these two types of the lawsuit, mesothelioma and asbestos cases may be handled as class action lawsuits or through multidistrict litigation.
A single plaintiff can file individual Lawsuits against a company or more than one company. Each side may present evidence and their information to the judge. Class lawsuits include a group of people or an individual filing a lawsuit for a group of people that suffered the same injuries. Each can choose to remain as a part of the class action or not. Multidistrict Litigation allows multiple people to file individual claims that regularize similar complaints. This is designed to be quick so that the court can be allowed to handle other bigger cases.