A mesothelioma or asbestos lung cancer lawsuit is one where the patient files a lawsuit against a negligent corporation that directly caused the patient’s exposure to asbestos. If you or your loved one had any exposure to asbestos, you may be able to file a mesothelioma or asbestos lung cancer lawsuit. There are different types of asbestos-related lawsuits that you or your family may file to receive compensation for the development of mesothelioma or asbestos lung cancer. Contact our attorneys at Pintas & Mullins Law Firm where we can help answer your questions, help you understand your legal options, and help you build a strong case.
Understanding Mesothelioma & Asbestos Lung Cancer Lawsuits
While mesothelioma and asbestos lung cancer lawsuits all stem from someone being exposed to asbestos, there are three types of lawsuits either you or your family may bring against a negligent corporation to receive compensation for your development of these types of cancers.
Responsible Parties
Before going into detail regarding the actual types of lawsuits, it is important to understand who may be sued in a mesothelioma & asbestos lung cancer lawsuit. Asbestos-related lawsuits can be filed against the following entities:
- Companies that were manufacturers of products that contained asbestos.
- Companies that used asbestos products.
- Manufacturers that produced respiratory equipment that failed to prevent asbestos inhalation.
- Companies with machines that had asbestos-containing parts.
- Any company that failed to alert its workers or the public that their products contained asbestos.
The first asbestos-related lawsuit occurred in 1971 where a worker that had been exposed to asbestos fibers from an insulation manufacturer won his lawsuit against the company that failed to warn him of the dangers of inhaling asbestos. Since then, asbestos, lung cancers, and mesotheliomas have been widely studied in an effort to understand how they function.
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Personal Injury
Mesothelioma and asbestos lung cancer lawsuits are filed when a patient sues on their own behalf for the damages and injuries caused as a direct result of the company’s negligence to inform employees of their exposure to asbestos. In these cases, the company had a duty and responsibility to let their employees know that they were being exposed to asbestos, which is a carcinogen. By keeping silent and not informing the workers and the public, they breached that duty. This directly resulted in the development of either mesothelioma or asbestos lung cancer in a patient.
Personal injury lawsuits are challenging, and those that involve mesothelioma and asbestos lung cancer can be legally complex. Substantial evidence needs to be gathered regarding the diagnosis, medical tests, and any tissue samples of your mesothelioma or asbestos lung cancer. Oftentimes, medical experts are required to testify. Additionally, documentation will need to be produced to the court to illustrate how the victim was specifically exposed to the asbestos over a long period of time. The development of this part of the evidence is crucial to building a strong case. The process of filing a mesothelioma or asbestos lung cancer lawsuit can be lengthy and legally complex.
Each state has a different statute of limitations, or deadline, by which a person may bring a lawsuit. Your options regarding what state to bring the mesothelioma or asbestos lung cancer lawsuit could be in the state where the company exists, the state where the asbestos exposure happened, or the state where the victim currently resides.
Contact the attorneys at Pintas & Mullins Law Firm if you or a loved one were diagnosed with mesothelioma or asbestos lung cancer and are considering filing a personal injury lawsuit. We can help you understand your legal rights, help you determine what evidence you will need, what state to file your lawsuit, and how to build a strong mesothelioma and asbestos lung cancer lawsuit.
Wrongful Death Lawsuit
A wrongful death lawsuit is a claim filed by the family of the mesothelioma or asbestos lung cancer victim after they have passed away.
Wrongful death cases are similar to personal injury cases since the mesothelioma and asbestos lung cancer lawsuits are filed against the negligent company, and both will require evidence and proof that the victim had been exposed to asbestos during their lifetime.
Wrongful death claims can only be filed after the death of a loved one. They have different statute of limitations than personal injury lawsuits, and loved ones may also sue for additional compensation for loss of consortium, or funeral expenses.
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Asbestos Trust Funds
Asbestos trust funds were established by companies for their involvement with asbestos. These trust funds are set up so that victims or their families can be compensated for their injuries and corporations can avoid costly bankruptcy.
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Contact a Mesothelioma & Asbestos Lung Cancer Attorney
Contact a mesothelioma and asbestos lung cancer attorney if you or a loved one was diagnosed with mesothelioma or asbestos lung cancer. We can help you determine which type of lawsuit would be appropriate for you or your family to file, what documentation is needed and how long you have to file a lawsuit to preserve your claim. Contact Pintas & Mullins Law Firm at (800) 307-3113 to help you preserve your claim.
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