After being told they have mesothelioma or asbestosis, most people don’t rush to file a compensation claim. However, financial difficulty may result if you cannot work because of symptoms such as shortness of breath, chest pain, or adverse reactions to medication. This is why it’s crucial that those affected and their loved ones understand their legal rights.
Anyone diagnosed with mesothelioma or asbestosis has been exposed to asbestos, usually years before diagnosis. If this happens at work, ex-employers may be liable. Some people have contracted asbestos from a family member’s dusty overalls and successfully sued the irresponsible firm. You can process a claim on their behalf if a loved one dies without legal action.
Processing a Mesothelioma Claim
Getting a mesothelioma diagnosis is a financial and emotional hardship. You must deal with sickness symptoms and high medical expenditures. If you believe that your suffering from mesothelioma could have been prevented, you may be entitled to financial compensation by filing a claim. Here are some suggestions to help you in your quest for justice.
1. Be Prompt
In the case of mesothelioma lawsuits, the applicable statute of limitations differs from a state to another. Statutes of limitations determine the time limits for filing lawsuits. Limitation periods for filing claims related to mesothelioma range from one to six years.
You must file your mesothelioma claim before the applicable time restriction expires. Claims filed after the deadline may be denied. If you have been diagnosed with asbestos cancer and require financial compensation, you should file your claim as soon as possible.
2. Know Your Claim
Knowing the value of your mesothelioma claim is crucial if you want to obtain the money you deserve successfully. Learn about the many types of compensation for which you may be eligible.
You can seek compensation for three different losses in a mesothelioma lawsuit. Damages fall into three categories: those that can be quantified in money, those that cannot, and punitive damages. Damages, both economic and emotional, are awarded to nearly all claimants. Punitive damages are paid when the defendant is negligent.
3. Compile Documents
It may be challenging to complete the work of gathering evidence to support mesothelioma claims on your own, as some people were exposed to asbestos 20-50 years before they were identified. After selecting which type of claim to pursue, a lawyer can assist the client in obtaining the required documentation.
Evidence of damage caused by asbestos, past employment at an asbestos company, medical records verifying an asbestos-related condition, and other similar information are typically required for a successful claim. In addition, proof of financial difficulties and expert testimony elaborating on the nature of those difficulties and their potential consequences are also needed.
4. Hire the Right Lawyer
Hiring an attorney is a good idea if you want to improve your chances of obtaining your mesothelioma claim settlement. You should seek the service of an experienced mesothelioma lawyer who can guide you through the claims process and advise you on when it is best to do so.
A Louisiana mesothelioma trial attorney can advise you on what evidence to collect and how to present it. With the assistance of a lawyer, it may be easier to gather the evidence necessary to win a mesothelioma case.
Most mesothelioma cases settle after the discovery phase ends, well before the trial date. In most cases, settlement from both parties is made possible by their shared fear of the judicial system. Years of asbestos cases give both sides a notion of the outcome, and a settlement is usually reached before trial.
Upon receiving the initial settlement offer from the defendant, it is recommended that you seek legal counsel. A lawyer can help you evaluate whether or not the settlement offer is adequate to cover your losses. The services of a lawyer are invaluable if you believe the defendant has made you an unfair offer and need assistance negotiating a better settlement.