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How to File a Mesothelioma Suit

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1. how do I file a mesothelioma lawsuit

When you or your beloved one has been diagnosed with mesothelioma, it is recommended that you file a mesothelioma suit with a help of an experienced attorney or law firm. As each lawsuit is different from others, the claim amount, duration of the trial also varies.

This article offers details on how to file a mesothelioma suit, as well as the legal process.

Types of Mesothelioma Legal Suits

For mesothelioma, you can file two types of claims: personal injury and wrongful death. The type of claim is based on whether the affected person is still alive or dead and who is filing the complaint.

Personal Injury

When you have been diagnosed with mesothelioma, you can file a mesothelioma suit and claim for personal injury. In the case of mesothelioma the latency period “ the duration of time when a person manifests symptoms after exposure”is long. Many victims are diagnosed recently while they were exposed to asbestos a few decades ago.

It is required to find an attorney who has experience and expertise in mesothelioma lawsuits before filing a lawsuit. You can meet the attorney and discuss about your concerns, as well as the maximum amounts that can be obtained from the claim etc. Make sure that you and your attorney are comfortable and clear about the claims before you sign any paperwork.

There are deadlines to file a personal injury claim that differs from state to state; your attorney will collect information from you and file before the time limit.

If you or your loved one is suffering from deadly mesothelioma, learn more about mesothelioma care, lifestyle changes and what to do after treatment from our exclusive articles.

Wrongful Death

In some mesothelioma cases, unfortunately, the victim dies before filing a lawsuit, where his or her family members can file a complaint and claim for wrongful death. Similar to personal injury, wrongful death claims also have deadlines that vary from state to state.

When a beloved one has passed away due to mesothelioma, you should contact an attorney as early as possible to start the mesothelioma suit. One of the challenges in a wrongful death claim will be collecting the information about the deceased victim's work history, residences, and medical records.

You can learn more about wrongful death claims from our exclusive article that explains it in detail.

  When Should I File For A Case?

As we mentioned earlier, there is a time limit for filing a lawsuit and it differs from one state to another with so-called statute of limitations. This applies to both types of complaints, namely personal injury and wrongful death. If your deadline has passed, you cannot file mesothelioma legal suits and your rights for claim will be lost.

You should contact an attorney and file as early as possible after diagnosis for personal injury or death in the case of a deceased victim for wrongful death.

What to Expect During a Legal Suit

You should find an experienced law firm for filing a lawsuit. Based on your state's deadline, your attorney will comply with all the necessary information in the form of a complaint document and file it. If the defendant is willing to settle instead of a trial, you may expect compensation. In some cases, the defendants would like to go for a jury trial, where you have to wait for the jury award which will be determined by a jury based on the trial.

Duration of the Lawsuit

A jury will investigate the facts and determine the amount of compensation at the end of a trial. The length of a trial depends on various factors like number of plaintiffs, number of defendants, complexity of the submitted information and also on the availability of both the parties.

Some defendants may try to blame the victims through behavioral and medical counterclaims or they may even try to disagree with the way by which the complaint has been filed.

You can learn more about mesothelioma claims and compensation in our detailed articles.


Mesothelioma lawsuit. Retrieved February 10, 2017, from https://www.mesothelioma.com/lawyer/lawsuit/