Mesothelioma Lawsuits and Asbestos Lawsuits Filed as a Result of Mesothelioma Cancer

Mesothelioma Lawsuit

There is only once cause of Mesothelioma cancer, exposure to Asbestos. By far, the most common cause of Mesothelioma cancer is occupational exposure to asbestos. The second most common cause of Mesothelioma cancer is secondary exposure to asbestos which occurs when someone comes in contact with another person who has been exposed to asbestos and has asbestos fibers on their clothing.

Mesothelioma cancer victims endure much pain and suffering, and treatments for mesothelioma cancer can be very expensive. Compensation for the financial and other damages caused by asbetos exposure can be sought by filing a Mesothelioma lawsuit.

Mesothelioma lawsuits, which are also referred to as asbestos lawsuits are complex. It is vitally important that Mesothelioma victims or their families seek representation from a Mesothelioma lawyer that has experience with these cases. Having the right legal representation for your Mesothelioma lawsuit or asbestos lawsuit can be one of the most important factors in the outcome of your case.

Mesothelioma Lawsuit vs Asbestos Lawsuit, What’s the Difference?

Although the term Mesothelioma lawsuit is often used generically to describe any lawsuit filed as a result of cancer resulting from exposure to asbestos, this is not an accurate use of the term. A Mesothelioma lawsuit is filed on behalf of individuals that have contracted one of the various forms of Mesothelioma cancer.

Asbestos lawsuit is a more generic term and includes Mesothelioma lawsuits as well as any other lawsuit filed as a result of a disease related to asbestos exposure. Asbestosis and other medical conditions caused by exposure to asbestos are also asbestos lawsuits. The terms Mesothelioma lawsuit and asbestos lawsuit are often used interchangeably although they do refer to different types of asbestos litigation.

The terminology used to describe a lawsuit which is filed as a result of exposure to asbestos does not change the process of how these lawsuits are filed. All Mesothelioma lawsuits and asbestos lawsuits go through the same process. One exception to the normal process of filing an asbestos related lawsuit occurs when the claim is being made against a Mesothelioma or asbestos bankruptcy trust fund. These bankruptcy trust funds will be discussed in more detail on a separate page of this website.

Who is Eligible to File a Mesothelioma Lawsuit?

The individual who was exposed to asbestos and developed an asbestos related cancer is often the person who files a Mesothelioma lawsuit or asbestos lawsuit, however in some cases these lawsuits are filed by the immediate family members of victims of Mesothelioma or another asbestos cancer who has already passed away as a result of their Mesothelioma or asbestos cancer.

Most asbestos and Mesothelioma lawsuits are filed by individuals who worked for an employer that exposed their employees to asbestos. However, there is another group that may also be eligible to file a Mesothelioma or other asbestos cancer lawsuit. This group is made of individuals that were exposed to asbestos second hand or suffered from secondary exposure to asbestos.

Because it only takes a single instance of asbestos exposure to develop Mesothelioma or other asbestos cancer, anyone who comes into contact with a worker who has been exposed to asbestos is at risk of developing Mesothelioma or another asbestos related cancer. One of the most common victims of secondary Mesothelioma cancer and other asbestos cancers are the family members of individuals who worked for employers that exposed their employees to asbestos. These exposed employees often have asbestos fibers attached to their clothing or body. When they go home, their family members that come in close contact with them can easily breath in these asbestos fibers. This minor secondary exposure can easily result in the exposed family member developing Mesothelioma cancer.

Regardless of whether you were directly exposed to asbestos or if your asbestos exposure was secondary or second hand, you may be eligible to file an asbestos or Mesothelioma lawsuit. Someone who suffered secondary asbestos exposure would file their Mesothelioma lawsuit or asbestos claim against the employer that exposed the person to asbestos that resulted in the second hand asbestos exposure.

How Does the Mesothelioma Litigation Process Work?

The Mesothelioma litigation process or asbestos litigation process is similar to other litigation. However, Mesothelioma and asbestos litigation is more complex that most other litigation. The life cycle and process of asbestos and Mesothelioma litigation generally follows a pattern similar to that listed below.

Asbestos Exposure Occurs

A person is exposed to asbestos on their job, which is often referred to as occupational exposure or they are exposed to someone who has been exposed to asbestos. The exposure victims develop symptoms.
Years and even decades pass before symptoms of Mesothelioma or another asbestos cancer become noticeable. The Mesothelioma diagnosis or other cancer diagnosis occurs.
The asbestos cancer victim seeks medical attention and it is discovered that they have cancer. Often Mesothelioma is initially misdiagnosed as another form of cancer. Mesothelioma and other asbestos cancer is generally initially diagnosed by CT Scan or X Ray. The initial diagnosis is confirmed via a biopsy.
The asbestos cancer victim consults with Mesothelioma lawyers

Once a Mesothelioma or other asbestos cancer victim has been diagnosed by medical personnel, the next step in the Mesothelioma litigation process is to contact a Mesothelioma lawyer. Mesothelioma lawyers are attorneys that are experienced in dealing with Mesothelioma cancer lawsuits and other asbestos cancer lawsuits.

Once the Mesothelioma or asbestos cancer victims or their family contact a Mesothelioma lawyer for a free consultation about their potential Mesothelioma lawsuit, an attorney client relationship is formed with the Mesothelioma lawyer and the victim or their family. This attorney client relationship is formed by agreement and does not exist until the Mesothelioma attorney and client have agreed to enter into a legal representation agreement and executed documents allowing the Mesothelioma lawyer to act as the clients legal representative.

The Investigation Process Begins

The investigation process of fling a Mesothelioma lawsuit or asbestos lawsuit involves numerous factors

Collecting Mesothelioma Diagnosis and Treatment Records

First the Mesothelioma lawyer must request medical records to establish what form of asbestos related cancer their client has. These medical records will be part of the evidence used to establish the grounds for their clients Mesothelioma lawsuit or asbestos lawsuit.

Identifying the Defendant in the Mesothelioma Lawsuit

The Mesothelioma attorney will also work with the client or the client’s family to determine what employer or employers exposed the client to asbestos. It is not unusual for more than one employer to have exposed the same person to asbestos. There are existing databases of employers who are known to have exposed employees to asbestos. The Mesothelioma attorney will establish who the client worked for during their life and when they worked for each employer. This information will be used to determine which employer exposed the employee to asbestos.

Starting the Actual Mesothelioma Litigation Process

At this point the Mesothelioma litigation process will take one of two courses. If the employer that exposed their client to asbestos is still in business, the Mesothelioma lawsuit complaint will be pursued. If the employer is no longer in business, then a separate process of filing a claim against a Mesothelioma or asbestos trust fund may be pursued. We will cover these trust funds in more detail on a separate page of this website. For clarity, this narrative will assume that the company that exposed the Mesothelioma lawyers client to asbestos is still in business.

Once the employer or employers that exposed the victim to asbestos have been identified, this employer(s) will be the defendant that the Mesothelioma lawyer filed their clients Mesothelioma lawsuit against.

Once all the necessary evidence has been collected to file a Mesothelioma lawsuit and the defendants have been identified, the Mesothelioma lawyer will file a Mesothelioma lawsuit complaint of behalf of their client against the defendant(s) that has been identified as having exposed their client to asbestos.

What Happens After the Mesothelioma Lawsuit is Filed?

Once the Mesothelioma lawsuit or asbestos lawsuit is filed, the defendant or defendants will be required to file an answer to the allegations or complaints made in the Mesothelioma lawsuit. Depending on the court the case is filed in, the defendant will have from 20 to 60 days to either admit or deny the allegations made in the Mesothelioma lawsuit filed against them.

Once a Mesothelioma lawsuit is filed, a period of time is allowed for “Discovery.” The discovery process allows the Mesothelioma lawyers representing the plaintiff and the lawyers representing the defendant to request documents, ask questions in writing (called interrogatories) and ask the other party to admit or deny certain facts. The discovery process is designed to allow both parties to obtain information needed to prosecute or defend their case without taking valuable court time for hearings.

Motions can also me made at the same time the Mesothelioma lawsuit is filed as well as after the lawsuit has been filed. Motions can take various forms and are generally requests that the court rules on a matter prior to trial. In most cases it is not necessary for the Mesothelioma lawsuit client to be present at motion hearings.

Mesothelioma Settlements vs. Mesothelioma Lawsuit Trial

The vast majority of Mesothelioma lawsuit cases settle without the need for trial. Mesothelioma lawsuit settlements offered by companies that are still in business often range in the millions of dollars. Due to the fact that Mesothelioma settlement amounts are often very high, most Mesothelioma plainitffs elect to accept a Mesothelioma settlement vs taking their Mesothelioma case to trial.

If the defendant in a Mesothelioma lawsuit case does not offer a fair Mesothelioma lawsuit settlement amount, then the option of taking the Mesothelioma case to trail always exists.

Will my Case be Filed in a Mesothelioma Class Action Lawsuit?

Most Mesothelioma lawsuits are not part of any Mesothelioma class action lawsuit. In general it is in the interest of the client to file an independent Mesothelioma lawsuit instead of joining in any mass action such as a Mesothelioma class action lawsuit or multidistrict litigation.

Each Mesothelioma case is different and an individual Mesothelioma cancer victim is not likely to fit into a “class”. In order for a Mesothelioma class action lawsuit to exist, a “class” must be certified by a court with proper jurisdiction and authority to certify a class.

The existence of a Mesothelioma class action lawsuit or the lack of one does not affect any individual Mesothelioma victim’s right to file an independent Mesothelioma or other asbestos lawsuit.

How Much Does it Cost to File a Mesothelioma Lawsuit?

Many victims of Mesothelioma cancer and other asbestos related cancers mistakenly believe that they cannot afford to hire a Mesothelioma lawyer to file their case. In reality, a Mesothelioma cancer victim does not have to spend any money out of pocket to have top notch legal representation handle their Mesothelioma lawsuit or other asbestos lawsuit.

Our Mesothelioma lawyers take cases on a fee contingency basis. This means that it will not cost you anything out of pocket to file a Mesothelioma or asbestos awsuit. Our lawyers work on a “if we do not win, you do not pay” basis.

Do not let the fear of having to pay legal fees out of pocket stop you from contacting us to arrange a free consultation with one of our Mesothelioma lawyers. You owe it to yourself to find out how much compensation you may be able to obtain by filing a Mesothelioma lawsuit.

Where Will my Mesothelioma Lawsuit Case be filed?

There is often a choice of jurisdiction when it comes to filing a Mesothelioma lawsuit. Because most employers that exposed their employees to asbestos have operations in multiple states, they can often be sued in any state in which they do business.

Some jurisdictions are preferred over others by Mesothelioma plaintiff lawyers. The laws of any given state can impact the outcome of a Mesothelioma lawsuit, therefore choosing what jurisdiction to file your Mesothelioma lawsuit in is an important one. Our Mesothelioma lawyers have the necessary experience to choose a court with proper jurisdiction to hear your case and insure that you receive the justice you deserve.

Will I Have to go to Court if I File a Mesothelioma Lawsuit?

The answer to this question is “probably not”. As previously stated, most Mesothelioma lawsuits settle without the need for a trail. If the defendant in your Mesothelioma lawsuit does not offer a reasonable settlement, then you may elect to go to trial.

In the event that you elect to go to trail versus accepting a Mesothelioma lawsuit settlement offer then it is possible that you will have to appear in court with your Mesothelioma lawyer for your trail.

How Much Will my Mesothelioma Lawsuit Settlement Amount be?

Mesothelioma lawsuit settlement amounts cover a broad range. If the employer that exposed you to asbestos is still in business, then you are likely to receive a higher Mesothelioma lawsuit settlement amount than if your claim is against a Mesothelioma bankruptcy trust.

It is not unusual for Mesothelioma lawsuit settlement amounts to be well over one million dollars and sometimes far more. In some cases you might be able to collect more by going to trial than accepting a Mesothelioma lawsuit settlement. However, there is always a risk when you go to trial as there is no way to guarantee what a jury will decide your damages are worth.

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