If you received a mesothelioma diagnosis recently, chances are you were exposed to asbestos at some point in the past. Most mesothelioma patients experienced prolonged exposure to this carcinogenic mineral at their workplace. Individuals such as shipbuilders, shipyard workers, electricians, construction workers, and powerplant workers are at high risk of exposure to this dangerous material. So, regardless of when and how you were exposed to asbestos, you will always have a few legal options to make things better and hold the negligent individual accountable for their failure to inform of the presence of asbestos at your workplace.
There are three types of mesothelioma claims; wrongful death claims, personal injury claims, and trust fund claims. Your mesothelioma lawyer will study your exposure history and case and help you decide which type of lawsuit will allow you to obtain the most compensation. You can acquire compensation from various sources. For example, you might be eligible for a payout from liable companies, asbestos trust funds, the Department of Veteran Affairs (VA), or insurance companies. With that in mind, let us look at a few legal actions you can take following a mesothelioma diagnosis.
- Get In Touch With A Reputable Mesothelioma Lawyer
Before even thinking about filing a mesothelioma lawsuit, you must visit or contact a lawyer to share your legal objectives and goals. It will allow you to ask vital questions and improve your knowledge about the lawsuit filing process. On top of that, it will give your attorney a better idea about your specific claim. For example, during your consultation with an attorney, they will help you understand mesothelioma stages, your asbestos exposure history, etc.
Not to mention, you won’t have to pay the attorney or law firm for this initial consultation. Finally, after learning everything they can about your current situation, your lawyer will help you identify every possible source of compensation, including companies selling asbestos-containing products, asbestos settlement trusts, the VA, and much more.
- Aid Your Lawyer In The Evidence Gathering And Claim Preparation Process
A mesothelioma law firm or lawyer will typically begin the legal process by gathering evidence supporting and proving your asbestos exposure history and resulting sickness. During such a process, your lawyer will get to learn more details about your previous workplace-related asbestos exposure history and other critical factors that might improve your chances of winning, such as employer details, medical records, etc. Then, after collecting much-needed evidence to support your claim, your lawyer will contact your primary care physician and inform them about your mesothelioma diagnosis.
Furthermore, you will also be required to share any details that might help your attorney or law firm gather more information about the employers who were at fault for your asbestos exposure. Moreover, they will interact with your coworkers to identify if asbestos is present at the workplace.
- File An Official Complaint Against The Employer Responsible For Asbestos Exposure
The following legal step to take is to file an official complaint against the employer responsible for your asbestos exposure. That said, your mesothelioma lawyer will help you draft and file this complaint in the appropriate clerk’s office in your respective state. Generally, this complaint includes all the legal basis for your mesothelioma claim, like details about your asbestos exposure history, the severity of your cancer. And the amount of money you’ll have to spend on treatment and the amount of emotional and physical pain you will have to suffer, etc. These legal complaints are usually directed towards employers who utilize asbestos in the workplace but fail to inform their employees about asbestos and its health hazards.
Furthermore, as mentioned above, your lawyer will file this legal complaint at the clerk’s office. Therefore, the chances are that you won’t have to be present at the clerk’s office when your attorney files it. After filling your complaint with the appropriate legal offices, you will become the plaintiff, and the negligent employer will become the defendant.
- Wait For A Response From The Negligent Party
After your mesothelioma law firm or lawyer registers your legal complaint with the respective state’s clerk’s office, the negligent party will be handed a copy of the lawsuit, typically through the post. Usually, mesothelioma cases require a lot of effort and time to conclude, especially if the negligent organization or employer has closed up shop and gone out of business.
However, your law firm or lawyer will have the resources and connections necessary to track down the negligent party, ensuring they are held accountable for their negligence in court. At first, the negligent employer will blatantly deny your accusation that they failed to inform you of asbestos in the workplace, arguing that your mesothelioma diagnosis is due to another business’s negligence or your complaint is invalid.
- Wait For A Settlement Offer
The negligent party will typically offer you a settlement to prevent your lawsuit from going to trial. After all, most employers and businesses will choose to settle with you as they will have to pay less money than what the court might order them to pay up. On top of that, court cases are time-consuming, costly, and you probably won’t be able to deal with all the negative attention they bring.
Therefore, settling with the accused will be the perfect choice if you don’t have the money and time to invest in a prolonged court case. It is especially the case if your mesothelioma is in its later stages and you need cash to finance your treatment and other medical expenses. Ask your lawyer to assess the settlement offer to ensure its fair.
If you’ve been diagnosed with an asbestos-related disease like mesothelioma, taking legal advice from a competent attorney or law firm will be the best course of action. Sure, you will think twice before splashing the cash on a lawyer. However, first consultations usually don’t cost a dime free, and your lawyer won’t get paid until you win your claim. If you don’t, your attorney doesn’t receive payment either. Follow the legal steps mentioned in this article, and you will set to receive the compensation you’re looking for.