Asbestos-related diseases can be damaging in myriad ways. If you think you’re suffering in silence however, it’s imperative you take action. By contacting a qualified mesothelioma lawyer you might be entitled to damages, enabling you to get appropriate care and help ease the burden of suffering.
Here we discuss four key things you should understand about filing a mesothelioma lawsuit. These might prove instrumental when it comes to your case and getting the result you deserve.
The History of Asbestos Litigation
Surprisingly the history of asbestos litigation starts as far back as 1964, when medical findings proved inconclusively that asbestos causes lung damage and disease. Shortly after it was written into tort law that anyone who “sells a product unreasonably dangerous to the user is liable for the harm caused by that product to the user”, and then, in 1969, the first Asbestos lawsuit was filed where the plaintiff died of mesothelioma before the hearing of the final disposition.
Since 1982 tort litigation surrounding asbestos exposure and resulting mesothelioma has been on the rise. Between 1982 and 2002 figures of claimants rose to 730,000 from 1,000 and in 2013, defendants rose to a figure that’s larger than 10,000 companies.
Time-Sensitive
Filing a mesothelioma lawsuit can be a lengthy and time-consuming process. It’s absolutely critical then that; in the meanwhile, people suffering do their best to manage their condition. Thankfully resources like the Mesothelioma Treatment Guide exist to help people do exactly that, putting together a list of actions sufferers can take to help lessen their symptoms.
As each state has differing laws in respect as to when you can file a lawsuit after you are diagnosed, it’s important you understand the time frame surrounding your case. A lawyer can help you with this before the statue of limitations expires. You also have the option of choosing different states from which to file.
The Process
A mesothelioma lawsuit is different in that it has its own specificities unique to it. Usually an attorney will deal with the filing of a case and the aspects related to it.
As a defendant what you should expect is a process that goes primarily in this order; response to the lawsuit, analysis and discovery, deposition, settlement talks, potential trial, verdict and possible appeal.
As a large number of mesothelioma suits are settled out of court it might be that your case never actually goes to trial.
Preparation
Preparing your lawsuit is eased by the assistance of an attorney who will collect information about your exposure to asbestos and your corresponding illness in order to identify who should be held accountable for your resulting condition. The next step will involve the attorney recommending a court in which you might file your lawsuit.
It’s important as a sufferer that you let the attorney have access to all the information you can, being as transparent and open as possible in order to improve your chances of getting a good result.
Filing a mesothelioma lawsuit can be fairly complicated. It’s important you seek professional help to help you through.
