Understanding Mesothelioma Legal Claims: Filing a Mesothelioma Lawsuit in 2023
Mesothelioma is an incredibly dangerous, and currently incurable disease that has shattered the lives of many victims, their families, and their communities. To fight back against the giant, asbestos-using manufacturers that have caused the mesothelioma diagnosis crisis, many victims and their family members are now filing lawsuits against these manufacturers. Here’s how they’re doing so in 2023.
The Two Types of Mesothelioma Lawsuits
There are two core types of mesothelioma lawsuits: personal injury lawsuits, and wrongful death lawsuits. Personal injury suits are filed by victims who are still alive, while wrongful death lawsuits are filed on behalf of a deceased victim (and are typically filed by a parent, spouse, or adult child).
While class action lawsuits exist for mesothelioma victims, they are often more focused on building trust funds for future victims. Personal injury and wrongful death suits focus on individual suffering and tend to result in much larger settlements for victims.
How to File a Mesothelioma Lawsuit in 5 Steps
1. Hire an Attorney
Before anything else, you’ll need to find a qualified, knowledgeable, and experienced mesothelioma lawyer in your city. You want a lawyer who’s gone up against the manufacturers you’re suing if at all possible. Not only will they have the experience to guide you through the filing process, but they can ensure you’re getting a fair, substantial settlement as well. More on this point later on.
It’s also important that you feel emotionally and socially comfortable with the mesothelioma lawyer you choose. These lawsuits are not easy on a psychological level, especially if you’re filing a wrongful death case on the behalf of a loved one. Take the time to interview potential mesothelioma lawyer candidates, and you’ll find the right fit.
2. Prepare for Your Case
Prior to filing a mesothelioma lawsuit, you and your legal rep will need to do some important groundwork. Doing a case evaluation is the first step. Your lawyer will look at the details of your medical history, and the reckless and negligent behavior of the manufacturer you’re suing, and write down how your (or your loved one’s) mesothelioma diagnosis has impacted your life.
Settlements are often greatly affected by such details, and these settlements are meant to include payments for all the medical and personal financial issues that a mesothelioma diagnosis can cause.
The evidence-gathering process, and some sworn testimony, are often part of this step as well. Once this is complete, you’ll be ready to…
3. File Your Mesothelioma Lawsuit
Now it’s time to file your mesothelioma lawsuit against the dangerous manufacturers that caused you harm. In rare cases, a lawyer may determine that you have no case against a manufacturer. However, it’s always useful to get a second opinion from a legal professional if they come to this conclusion.
After all, you know that these manufacturers planted the seeds that caused your mesothelioma diagnosis, and you deserve restitution for the suffering you’ve endured.
It should be stated that some courts are more favorable to mesothelioma lawsuits than others. Your lawyer can help you navigate this issue and put you in a good position to win your case. In many cases, however, the lawsuit will not reach court, and manufacturers will settle with you instead.
These companies often understand how black and white the situation is, so they are eager to pay up and avoid even more negative publicity in a court trial. Currently, there are more than 3,800 asbestos and mesothelioma-related lawsuits filed every year.
It’s important to remember that you are not alone in this fight to hold mesothelioma-causing manufacturers accountable for their negligent and downright greedy behavior.
4. Discovery and Response
Now that you’ve filed a mesothelioma lawsuit, you and the manufacturer you’re suing will enter into the discovery phase. Legal teams will begin collecting photos, documentation, historical records, medical records, and any other related evidence during this phase.
Having a qualified and experienced attorney on your side during this stage is a must, and can help you significantly in the final phase…
5. Going to Trial (or Receiving a Settlement)
Finally, you will either settle with the manufacturer who has caused you harm, or you will take them to court for a full trial. Mesothelioma lawsuits that go to trial will be judged by a jury.
The court trial route is more expensive, less likely to result in a settlement for the plaintiff, and often very emotionally taxing for victims. For this reason, mesothelioma lawyers do their absolute best to prevent this. Instead, they will fight to get you the most out of your settlement.
You deserve a settlement that not only pays for all of your current sufferings but once which provides you with a healthy sum to help build your future post-trial/settlement. Taking care of yourself, and trusting in your legal rep, can help you push through this difficult time.