Filing a Mesothelioma Lawsuit: What You Need to Know?

Mesothelioma is a rare and incurable form of cancer that is caused by exposure to asbestos. The costs associated with a mesothelioma diagnosis can be financially devastating, particularly if the disease has progressed and you are unable to continue working. A mesothelioma lawsuit can help you and your family recover much-needed financial compensation and ensure that the company responsible for your ongoing exposure to asbestos is held liable for its actions. There are a number of different types of mesothelioma lawsuits you can pursue. An experienced mesothelioma lawyer will discuss the details of your case and recommend the type of lawsuit that will recover the maximum financial compensation you and your family deserve.

What Are the Different Types of Mesothelioma Lawsuits?

If you have been diagnosed with mesothelioma, the following are examples of the different types of lawsuits you may pursue:

• Personal injury lawsuit: Asbestos was widely used in a range of materials as an insulator and for its heat and fire-resistant properties. If you were diagnosed with mesothelioma after being exposed to asbestos over a prolonged period of time, you can file a personal injury lawsuit against the company that provided the asbestos materials. If you worked for more than one company over the years, and you are unsure which company is responsible for the asbestos exposure, a dedicated mesothelioma lawyer will work closely with you to determine when and where the exposure occurred, identify the liable parties, and pursue the maximum financial compensation you deserve.
• Wrongful death lawsuit: If your loved one died from mesothelioma, you may file a wrongful death lawsuit against the company or companies responsible for the asbestos exposure. While this cannot bring your loved one back, it can help secure the financial compensation you need to cover end-of-life costs, medical expenses, and the loss of income. If your loved one had filed a personal injury lawsuit, this can be converted to a wrongful death lawsuit. The estate can continue to pursue the mesothelioma lawsuit and will be the recipient of the funds awarded in the wrongful death lawsuit.
• Trust fund claim: Companies that were responsible for continuing to use asbestos faced numerous lawsuits from people who started to experience serious health complications, including mesothelioma. Many of these companies were forced to declare bankruptcy in an effort to manage their liability. A condition of the companies’ bankruptcy protection involved establishing trust funds that would help companies manage the large volume of active asbestos claims and ensure that there would be enough funds to pay for future claims. In order to pursue a trust fund claim, you must meet eligibility requirements.

How Do I File a Mesothelioma Lawsuit?

Mesothelioma claims can be a complex process, so it is highly recommended that you work with a highly skilled mesothelioma lawyer who will help you navigate this process, ensure that your legal rights are protected, and pursue the maximum financial compensation you deserve. Once you have hired a lawyer, the following are the steps involved in the mesothelioma claims process:

• Case review and preparation. This gives you the opportunity to discuss your case in detail with your lawyer, including how and when you were exposed to asbestos and when you were diagnosed with mesothelioma.
• File the mesothelioma lawsuit. Your lawyer will prepare all of the documents needed to support your lawsuit and pursue the compensation options that fit your individual needs, and manage every step of the legal proceedings.
• Responses and discovery. Each defendant named in the lawsuit will receive a copy of the complaint. They must respond to the complaint within a certain amount of time. In most cases, they will deny the allegations and argue that the claim is not valid or that someone else is to blame for the asbestos exposure. Your lawyer and the defendant’s lawyer will collect information about your allegations, some of which may be used as evidence if the case goes to trial. You and the defendant will take part in depositions, where you answer questions under oath.
• Settlement or trial. Most mesothelioma cases are settled out of court. If your case does go to trial, the outcome will depend on a range of factors, including your history of asbestos exposure, the state where you filed the lawsuit, and your medical history.
• Even if you win the trial, the defendant may file an appeal between 30 and 180 days after the verdict, which can delay receiving any settlement money. However, the defendant must post a bond for the amount awarded during the appeals process. If the defendant loses the appeal, you will recover the compensation amount awarded. If the appeal is successful, you may receive a smaller amount, or nothing at all. Your mesothelioma lawyer will work tirelessly to protect your legal rights and pursue the best possible settlement outcome.

What Is the Statute of Limitations for Filing a Mesothelioma Claim?

If you intend to file a mesothelioma claim in Pennsylvania, the statute of limitations for filing the claim is two years from the date that you were diagnosed with mesothelioma. The statute of limitations for a wrongful death lawsuit is two years from the date of your loved one’s death. If your claim is filed after the statute of limitations has expired, your claim will likely be denied, and you will be unable to recover any damages. Your mesothelioma lawyer will help you navigate every step of the claims process and ensure that your claim is filed well before the deadline.

Philadelphia Mesothelioma Lawyers at Brookman, Rosenberg, Brown & Sandler Assist Clients with Every Step of the Mesothelioma Claims Process

If you or a loved one has been diagnosed with mesothelioma, it is highly recommended that you contact the Philadelphia mesothelioma lawyers at Brookman, Rosenberg, Brown & Sandler at your earliest convenience. We will discuss the details of your case, help you navigate the claims process, and actively pursue the maximum financial compensation you deserve. To schedule a free consultation, call us today at 215-569-4000 or simply fill out our online form. Our office is located in Philadelphia, Pennsylvania, and we proudly serve clients in Delaware County, Chester County, Philadelphia County, Pennsylvania, and New Jersey.