You can sue for mesothelioma if you or someone you love has been diagnosed with it after exposure to asbestos. Workers often receive a diagnosis of mesothelioma years after working in an environment contaminated with asbestos, a known carcinogen. The worker can then carry the asbestos home with them on their clothes, exposing family members as well. If you believe your workplace exposed you or a family member to asbestos, resulting in mesothelioma, you might be entitled to a settlement.
Understanding Mesothelioma
Malignant mesothelioma is an aggressive form of cancer that attacks a person’s tissue linings around the internal organs (mesothelium), according to the Mayo Clinic. This disease significantly impacts a person’s breathing capacity and functioning.
A person can get mesothelioma by coming into contact with asbestos materials. People can inadvertently inhale tiny asbestos fibers in poorly ventilated working conditions, and the fibers can get stuck in the lining of a person’s lungs. This causes scarring of the lungs and can lead to years of pain and treatments. No cure is currently available.
Personal Injury Lawsuits Involving Mesothelioma
If you have mesothelioma, you might be able to file a personal injury lawsuit to seek financial restitution. A personal injury lawsuit can be filed if a person has suffered an injury because of someone else’s negligence and is suing for costs of the injuries and other damages. In personal injury cases involving mesothelioma, the plaintiff must prove that the negligent party (usually a company in these cases) had knowledge that they were exposing people to a deadly form of asbestos that led to someone getting mesothelioma.
In the case of a worker contracting mesothelioma, the employer did not act in good faith with the employee and provide safe working conditions. For this reason, a court may find the employer in breach of their business duty. The person filing the lawsuit may win a settlement, presuming that the person showed suffering through costs due to hospitalization, recovery, support and care, devices, and equipment.
Settlements
Getting to this potential settlement takes a great deal of time and diligence. The plaintiff and the legal team must first acquire a great deal of information and evidence to support the claims made in the lawsuit. Also, medical experts might weigh in on the evidence and assess the claims made in mesothelioma and asbestos cases.
This process can be tough on a victim who is dealing with cancer. It may be beneficial for you to consult an attorney about your case. This way, they can work on getting you a settlement, while you work on recovering.
Should you choose to move ahead and sue for mesothelioma, a law firm that does not require upfront fees to hear your case might be able to help. The fee for legal services provided should, in most cases, be a percentage of the settlement won on your behalf.
For a free legal consultation, call (800) 307-3113
Statutes of Limitation
A person or law firm must file a personal injury lawsuit for mesothelioma compensation before the expiration of the statute of limitations. There are different statutes of limitation in each state, which could affect how and when you file a lawsuit for a mesothelioma case. Essentially, the clock to file a lawsuit for mesothelioma lung cancer starts ticking when the personal injury occurred, or when you became aware of the injury that eventually caused mesothelioma.
Filing a Claim
In a mesothelioma claim, a person should file a personal injury lawsuit in the state of the negligent employer’s headquarters, or where the asbestos exposure occurred. However, the person should avoid filing in a state that allows for the legal notion of “contributory negligence.” This means that if courts can establish that a plaintiff was even slightly at fault in a personal injury claim, the court can eliminate the compensation to the claimant.
Though most states’ courts do not operate under these conditions, there are four states—along with the District of Columbia—that allow for contributory negligence: Alabama, Maryland, Virginia, and North Carolina.
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Pintas & Mullins Law Firm Is Here to Help
While you can sue for mesothelioma, without the help of an attorney, it might be stressful and difficult for an individual to bring a personal injury claim. There are many moving parts in asbestos-related cases involving mesothelioma, and a legal team might be able to help. If you or a loved one have received a mesothelioma diagnosis because of work-related asbestos exposure, the attorneys at Pintas & Mullins Law Firm might be able to help.
Call (800) 307-3113 for a free, no-obligation consultation with a member of our team.
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