How Do I File a Mesothelioma Lawsuit?

There’s more than one answer to this question because, as outlined below, there is more than one kind of mesothelioma lawsuit. Since 1980, some forty million American workers have been exposed to asbestos, a common ingredient in commercial and residential insulation. This staggering number does not count many other asbestos-exposure victims, such as sailors aboard Navy ships, and ambient (environmental) victims, such as 9/11 victims.

Since no one kind of court could possibly handle all these claims, a nationwide mesothelioma lawyer has multiple legal options, at least in most cases. Many victims qualify for more than one kind of relief. The choice hinges on many factors, mostly the amount of compensation available. In a civil case, the most common kind of mesothelioma lawsuit, compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are usually available as well.

Your Legal Options

Mesothelioma is a rare and aggressive kind of lung cancer that’s difficult to diagnose and usually fatal. These victims usually have several legal options, which vary slightly in different states.

• Negligence Matters: Victims who connect their asbestos exposure with a private company are eligible to file these civil claims, which are based on a simple “you break it, you buy it” principle of responsibility. If an asbestos provider or company sold or used a dangerous product or a property owner didn’t minimize the risk (break it), that defendant is liable for the aforementioned damages (buy it).
• Protected Classes: These mesothelioma lawsuit claims usually include workers’ compensation, Social Security Disability, and VA disability. Industrial and commercial asbestos exposure victims can obtain compensation for lost wages and medical bills. Similar compensation is available to service-related exposure victims, as well as disabled individuals. The claimant has the burden of proof to establish eligibility.
• Bankruptcy VCF: If the responsible provider is a bankrupt private company that contributed to a victim compensation fund, a hybrid bankruptcy VCF claim may be an option. These claims are easier to prove than civil claims since no adverse lawyer challenges the victim’s evidence and legal arguments. The exact procedure varies according to the pertinent VCF rules.

Evidence in a mesothelioma lawsuit usually includes medical records and connection evidence. The burden of proof is only a preponderance of the evidence (more likely than not) in civil claims. If Max worked for an insulation company, that insulation contained asbestos, and Max developed mesothelioma, it is more likely than not that his mesothelioma is connected to his employment.

Procedural Issues in Civil Cases

Mesothelioma has a very long latency period. Most victims are sick for at least fifty years before they show physical signs of illness and doctors diagnose their mesothelioma.

In most states, this time delay is not a problem. Asbestos poisoning victims are still eligible for compensation even if the statute of limitations expires. But other states have a statute of repose. This law cuts off all civil claims related to construction defects after a certain number of years, usually about seven years; therefore, long before victims discover their asbestos-exposure illnesses, the statute of repose cuts off their claims.

A nationwide asbestos lawyer has basically two options in these situations. Some lawyers challenge the constitutionality of the statute of repose. These arguments are often successful. Other lawyers file non-civil claims, usually Social Security Disability, which are unaffected by the statute of repose.

Connect With a Diligent Asbestos Exposure Lawyer

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. Virtual, home, and hospital visits are available.

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