Unfortunately for many people, the negative health effects of asbestos were discovered long after its use had become commonplace. Asbestos was utilized in many applications, especially in buildings, most of which had already incorporated the material during construction.
This is what has led to the costly asbestos removal projects in most buildings around the world, however there are many more buildings and other establishments that still contain asbestos, either knowingly or unknowingly.
Among other things, asbestos can cause mesothelioma, a cancerous condition that affects the lining of the abdomen and lungs. It mainly arises from inhalation of asbestos fibers and people suffering from mesothelioma as a result of exposure to asbestos can seek justice and compensation through mesothelioma lawsuit settlements.
Lawsuits filed for compensation for mesothelioma acquired from exposure to asbestos became very common towards the end of the 1900s and the beginning of the 21st century. This is after most people developed the condition as a result of exposure to the material. The rate at which different lawsuits were filed forced the legal system to set up mesothelioma trust funds to compensate the numerous victims and any other victims who would later file lawsuits in the future.
For people looking to file lawsuits for mesothelioma, there are certain prerequisites and factors that should first be met. These include the following:
It takes about 10 years for mesothelioma to occur in people exposed to asbestos. It does however take longer than this for doctors to ascertain the nature of the condition. This is because it has signs and symptoms similar to those of other common respiratory illnesses. As such, most courts give victims a time allowance of between 1 and 5 years after diagnosis, depending on state, to make a lawsuit for settlement and compensation.
For mesothelioma cases, and any other cases requiring compensation for harmful medical conditions, payment for the legal services offered by the attorney is made on the basis of contingency fees. Therefore, the lawyer is paid only if the case is won and compensation made. The amount to be paid is discussed beforehand, and basically constitutes a fraction of the amount compensated. Other factors like expenses accrued during trial are also taken into consideration.
When looking to file a lawsuit for mesothelioma, there are certain factors that need be taken into consideration beforehand. These go a long way in helping make crucial decisions and planning the lawsuit properly.
Among other things you need to know about:
• Financial compensation
The amount compensated for mesothelioma-related illness depends on several factors. To begin with, it primarily depends on the extent of the damage caused to the victim’s state of health. It also depends on other aspects like effects to the victim’s social life, financial losses incurred in treating the condition and much more. As a result, compensation from one case to another may differ greatly. In past cases, certain victims have been compensated as much as $27 million, while others receive pay outs in the thousands in cases which are not so severe.
• Case Procession Period
Lawsuits filed for compensation for mesothelioma are usually settled out of court and don’t run for more than a year in most cases. However, some cases that proceed to completion have been known to take as long as 2 years in duration.
The judiciary tends to fast track mesothelioma cases, especially in situations where the condition is far developed. This is because victims require constant care and medical expenses and therefore special attention is often given.
The likelihood of a successful case and compensation issued depends on how well it is presented. Therefore, concrete evidence showing that the condition was indeed as a result of exposure to asbestos has to be proven. Your lawyer is responsible for conducting thorough research and establishing the responsible party to blame. This is what necessitates the use of professional quality legal services when presenting a mesothelioma lawsuit.
Victims of mesothelioma can often claim compensation for their condition through mesothelioma lawsuits. For higher chances of success, victims are advised to seek professional and high quality legal services. A good lawyer should perform comprehensive research to build and present a strong case in order to increase the chances of financial payments for compensation.