Receiving a mesothelioma diagnosis can ruin your life. Apart from your health, you may have to cope with financial consequences ranging from a loss of income to large medical expenses. Many mesothelioma patients who have been diagnosed have effectively sued the liable parties and received significant compensation.
Still, it’s natural to be reluctant to start a lawsuit. Understanding a few key elements can let you or a loved one diagnosed with mesothelioma decide whether suing for damages is appropriate for you. Whether you have just begun looking at your alternatives or are already ready to launch a case, there are a few essential things you should consider. These are five of the most crucial ones.
Statute of Limitations
Mesothelioma usually develops ten to forty years following asbestos exposure. Legally, though, the clock does not start running until you have formally gotten a diagnosis. At that point, the state you live in will determine the length of time you have to launch a case.
Many states let victims start lawsuits five years after diagnosis. Still, one should not wait too long. Certain states, including California and Louisiana, only let you bring a case within 12 months of diagnosis. You might discover it is too late to get compensation if your hesitation lasts too long.
Should a loved one have already passed away with mesothelioma, the statute of limitations for a wrongful death case typically runs between 12 months and three years. While you should desire some time to process, you also should talk with an attorney somewhat promptly. No class action lawsuits exist for those diagnosed with this illness, as every victim’s medical history and prognosis vary. Should you want to launch a lawsuit, you must do it yourself.
Engaging Legal Counsel
If your loved one or you has been diagnosed with mesothelioma, you should speak with an attorney with a lot of knowledge and a successful record in asbestos lawsuits. Not every attorney has the knowledge required to place you in the best position to get the money you are due, much as not every doctor is a specialist.
Over the course of your lawsuit, your Texas mesothelioma lawyer will play numerous vital roles. This covers determining the accountable parties and guiding the process in such a way as to maximize the results.
Average Timeline for a Case
Patients often fear joining a protracted, drawn-out case. This especially holds if your health is failing. Still, most mesothelioma cases are resolved before they make it to court. In this instance, your settlement may arrive quite easily in under a year.
Should your case go to court, you may not get money for damages for two years or more. Many states’ courts regard the limited life expectancy of mesothelioma sufferers and handle these lawsuits quickly. Should a mesothelioma patient pass before the matter is settled, the award will be shared among the surviving family.
Determining the Value of Your Case
Should you have a history of working around or with asbestos and have a mesothelioma diagnosis, your chances of at least some compensation are probably relatively high. Although every case is unique, certain shared elements could affect the potential pay you get. This includes:
- The ways your sickness has affected your life
- The pay was lost because of illness
- The weight of your medical bills
- Your “pain and suffering”
Your payment source may also affect your payback. Your reimbursement could come from an asbestos victims’ compensation fund, as many manufacturers and installers have closed their doors. The payout to victims could start to drop when these run out.
Endnote
Securing fair compensation and obtaining justice will depend much on the qualified mesothelioma attorney chosen. Your case will get appropriate care and direction under correct supervision, and your best chance for a successful resolution will be attained.
