mesothelioma lawsuit
The two types of mesothelioma lawsuit are personal injury and wrongful death claims. A mesothelioma personal injury lawsuit allows the cancer patient to seek compensation from the company or companies that exposed them to asbestos. The average compensation from a mesothelioma lawsuit trial is $2.4 million.
Types of Mesothelioma Lawsuits
If your family is bearing the burden of mesothelioma, an asbestos exposure lawsuit may be right for you and your loved ones.
You may be eligible to file a personal injury lawsuit if you were diagnosed with mesothelioma, or a wrongful death lawsuit if you lost a loved one to the disease.
The steps for filing a mesothelioma lawsuit vary depending on the type of claim filed.
Personal Injury Lawsuit
A person diagnosed with mesothelioma is eligible to file a personal injury lawsuit against the companies responsible for exposing them to asbestos.
Asbestos liability is usually based on companies’ failure to warn employees and consumers about the dangers linked to inhaling the toxic mineral. When compensation is awarded in personal injury lawsuits, mesothelioma patients are the recipients.
Wrongful Death Lawsuit
The estate of a deceased mesothelioma patient is eligible to file a wrongful death claim, seeking compensation to cover medical bills, funeral expenses and lost income.
Similarly, if a mesothelioma patient files a personal injury lawsuit but passes away before it is resolved, the estate may continue the claim. When compensation is awarded in wrongful death lawsuits, the estate is the recipient.
Who Is Eligible to File an Asbestos Lawsuit?
You are typically eligible to file a mesothelioma lawsuit if you can provide documentation of the mesothelioma diagnosis, including medical reports from the cancer center where you or your loved one were treated, and are within the statute of limitations. You must also document the asbestos exposure history that caused the mesothelioma. This can include employment records as well as detailed descriptions and testimony about the asbestos exposure.
You may be eligible to file a wrongful death lawsuit if you lost a loved one to mesothelioma. You would serve as the representative of your loved one’s estate.
If an asbestos company is liable for your exposure and they filed for bankruptcy, your lawyer may help you file a trust fund claim instead of a lawsuit. Your options for compensation may also include private health insurance, Medicare or Medicaid, Social Security disability benefits or filing a claim with the Department of Veterans Affairs.
You may be able to file a mesothelioma lawsuit outside of the state you live depending upon the details of your case. An experienced mesothelioma attorney can help you and your family decide the best court to file your asbestos claim. According to a 2020 KCIC industry report, more than 4,000 mesothelioma claims were filed throughout the U.S. in 2019.