Mesothelioma, a rare and aggressive form of cancer, is primarily caused by asbestos exposure. Mesothelioma can be devastating for patients and their families. Fortunately, mesothelioma victims and their families may be eligible to file mesothelioma lawsuits and pursue justice and compensation. If you or a loved one recently got a mesothelioma diagnosis, you may be wondering whether you are eligible to file a mesothelioma lawsuit. You may be asking, “What are the criteria for a mesothelioma lawsuit?” This article examines the criteria that must be met for a person to pursue a mesothelioma lawsuit.
- A Mesothelioma Diagnosis
The most critical criterion for a mesothelioma lawsuit is a formal diagnosis from a qualified medical professional. To diagnose mesothelioma, a doctor may order imaging scans, such as X-rays and CT scans. Based on the findings, the doctor may order more tests to determine if mesothelioma is causing the symptoms. However, a biopsy is the only way to determine if a person has mesothelioma. This entails removing a small portion of tissue and examining it in a laboratory. Once mesothelioma is confirmed, the doctor may recommend additional tests to determine if the cancer has spread to other areas of the body.
- Asbestos Exposure
The second most vital criterion for a mesothelioma lawsuit is proving asbestos exposure. The claimant must demonstrate that their or their loved one’s mesothelioma was caused by asbestos exposure. In other words, you must show a connection between asbestos exposure and the mesothelioma diagnosis. People can encounter asbestos in their workplaces. Occupational asbestos exposure is quite common. Other sources of asbestos exposure include secondary exposure, which occurs when a loved one who works with asbestos brings asbestos fibers home, and environmental exposure, which occurs when people inhale asbestos fibers released into the air from natural deposits, construction sites, or asbestos-contaminated materials.
- Identification of Responsible Parties
People considering filing a mesothelioma lawsuit must identify potentially liable parties. This process involves thorough research and investigation to determine which companies or individuals are responsible for the asbestos exposure that resulted in the mesothelioma diagnosis. Potentially liable parties include former employers, manufacturers, property owners, and suppliers. Mesothelioma attorneys have the skills and resources to identify potentially liable parties.
- Evidence of Damages
To have a valid mesothelioma lawsuit, proof of the damages suffered due to the disease must exist. Damages include medical expenses, lost wages, and pain and suffering. Examples of evidence that can help prove damages include medical records, employment records, witness statements, and expert testimony.
- Adhering to the Deadline
Finally, to have a valid mesothelioma lawsuit, you must adhere to the statute of limitations. Every state has its own statute of limitations for mesothelioma lawsuits. This statute sets the time limit for filing a mesothelioma lawsuit. Failure to file a mesothelioma lawsuit within the set timeframe can result in the loss of the right to pursue legal action.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.