A mesothelioma diagnosis can be devastating not only for the victims but for their families as well. The double whammy of mounting medical bills for mesothelioma treatment and the declining health of the patient can make one despondent about the future.
For financially impacted families, it is vital that they partner receive their mesothelioma compensation so that they can then use it to pay for relevant medical treatments. Mesothelioma compensation is awarded to victims who have had to bear the brunt of asbestos exposure when employers, either deliberately or negligently, make them work in asbestos-infested environments.
Lawsuits are tricky and hard to navigate for people not skilled in legal affairs. Courts work a certain way; ways lawyers are much more familiar with. That’s why you need to have an experienced lawyer by your side to fight your lawsuit case for you, so you have the best chance possible to win cases for Mesothelioma Lung cancer and receive the compensation you deserve.
In case of a mesothelioma lawsuit, a lawyer can also address your questions. If you or your relative has been fighting a mesothelioma lawsuit or want to know how to start with the procedure of filing one, you must pose the following questions to your lawyer.
- Are you eligible to file for a mesothelioma claim?
The first thing you must be clear about is whether you’re eligible to bring a mesothelioma lawsuit against the offending company in a court of law. Discuss your circumstances with the lawyer and inquire about your chances of getting compensated.
Your lawyer may tell you that anyone who has been diagnosed with mesothelioma is eligible for compensation. The mesothelioma latency period is extremely long. Often it takes more than a decade for the symptoms to show. You eligibility starts the very day you’re diagnosed with mesothelioma.
Online resources, like the mesotheliomahope.com, have been set up to help raise awareness about the treatment options and the legal alternatives one can pursue to claim compensation from the offending party.
- Do you fall under the statute of limitation of your state?
Your mesothelioma diagnosis makes you eligible for compensation, but there is a time window within which you can file for claim, called the “Statute of Limitation.” The statute of limitation might be different in every state.
In some states, you have one to two years in which you can file complaint, while in others, you may have up to six years. Your attorney will tell you if you fulfill the statute of limitation requirements in your state. If not, they may advise you to file for a lawsuit in another state.
- Do you have to travel to court hearings?
Mesothelioma is an aggressive cancer once it starts to grow. Feeling fatigued is a common symptom found in mesothelioma patients. This means that you might not be as able to travel for court appearances, especially if they are to be held in another state.
Ask your lawyer if your appearance in court is mandatory. The court and the lawyer fighting your case can offer you to skip proceedings on medical grounds, which can be a huge relief in the life a mesothelioma patient.
- What are the options available to you?
An experienced attorney can from the strength of your statements, evidence, medical history and diagnosis, judge what the results of the case will be. Ask your lawyer about your chances of winning the compensation award.
Depending on your case, your lawyer may even advise you to settle out of court, meaning that you and the offending party reach a decision through negotiations on your own without involving the court any further.
If the settlement doesn’t match your expectations, you can keep pursuing the legal court route. Mesothelioma lawyers agree to a court verdict when they are sure enough to get higher compensation than offered in the settlement. In most cases, mesothelioma cases are settled out of court as the defendants avoid entangling themselves in lengthy litigation procedures.
- What lawsuit options do you have?
There are different kinds of mesothelioma lawsuits. The most common are mesothelioma personal injury claims and wrongful death claims. In the former, the victims file for claim themselves and demand compensation. The defendants in this scenario are the manufacturers and suppliers who are dealing in asbestos-containing products or make employees work in asbestos-infested buildings. Mass tort claim is also another type of mesothelioma lawsuit where a large group of people file a lawsuit against the manufacturers and suppliers of asbestos-containing products.
In a wrongful death claim, the victim’s family files the case against the defendants on behalf of the victim who has passed away.
- What is their fee plan?
When discussing terms and signing contracts with the lawyer, decide who will pay for the costs of the mesothelioma lawsuit. As the victim already has mounting medical bills and other expenditures to take care of, paying the attorney’s fees can be a little too much.
In most cases, well-meaning mesothelioma lawyers do not demand any upfront costs. Instead, they work on a contingency fee plan. Under the terms of this plan, the lawyers are paid fee only when the victim gets compensated. Hence, for the victims and their families choosing this plan, there are no out-of-pocket expenses to bear.
- How long does it take for the mesothelioma lawsuit to settle?
It is in your best interest to get compensated as soon as possible. Mesothelioma cases can be very time-consuming in some cases, while in other instances, they may settle within a few months.
In general, mesothelioma settlements are received within one year of the court verdict. Therefore, most lawyers advise their clients to go with the out-of-court settlement option instead of settling through court.
Conclusion
Mesothelioma takes longer to manifest itself, but once it has taken root, it is a belligerent cancer. Being financially compensated—which is well within your rights, anyway—when you are suffering from the mesothelioma cancer can relieve you of paying for the hefty medical bills and other medical treatment expenses. The parties who are responsible for exposing you to the carcinogen, asbestos, owe you at the very least the compensation money with which you can afford your treatment. The above-mentioned questions were meant to ease you into the process of hiring legal help in case you want to pursue a compensation lawsuit.
