Categories Personal Injury

The Fundamentals of a Successful Mesothelioma Lawsuit 

Patients overwhelmed by a mesothelioma diagnosis face difficult decisions. Familiarizing yourself with the specific type of this rare cancer is vital in order to determine your course of action.   

Correctly identifying the condition can help guide your treatment options and also influence the legal avenues skilled attorneys like those with Belluck Law in Woodstock use when pursuing compensation. 

Contents

Types of Mesotheliomas 

Mesothelioma is an aggressive cancer that’s commonly linked to asbestos exposure; but it’s not a one-size-fits-all condition. The four primary types affect different areas of the body and present distinct symptoms and prognoses as follows. 

  • Testicular: This is a rare condition affecting the testes lining. Scrotum lumps and swelling are symptoms associated with this type. 
  • Pleural: The most common type which affects the lungs’ lining with symptoms, including persistent cough, chest pain, and breathing difficulty. 
  • Pericardial: Another rare form, impacting the lining around the heart. Patients can experience chest pain, heart palpitations, and shortness of breath. 
  • Peritoneal: Occurs in the abdomen lining and can lead to bloating, abdominal pain, and weight loss. 

Tailoring treatment strategies requires recognition of the specific type of mesothelioma for the most effective outcome. This is also integral when pursuing legal claims. The type and location influence eligibility for certain types of compensation with legal claims.  

One of the first things a skilled legal team with Belluck Law LLP will determine is which type of lawsuit to file. This is based on whether you’re the victim or a family member who lost a loved one to the disease.  

Personal injury lawsuit 

This type of lawsuit is filed on behalf of the victim against those responsible for the exposure that resulted in their diagnosis. A personal injury lawsuit is generally expedited because the condition continues to worse as time goes. The patient deserves compensation and justice promptly. 

Wrongful death lawsuit 

Many victims of mesothelioma don’t always survive in time to file a lawsuit or to see the results of their suit. In these circumstances, their family members can file a wrongful death suit or continue with the ongoing claim started by the victim.  

These lawsuits can take longer than a personal injury suit, but ultimately, they provide compensation that covers medical expenses funeral costs and, in some cases, may provide for pain and suffering and loss of companionship. 

Overall, the duration of a mesothelioma lawsuit varies in duration based on a few factors, such as: 

  • The at-fault party’s legal team and their strategy in representing their client 
  • The law firm you choose to represent you 
  • The strategy you use to seek justice for your case 

A trial is a longer process than accepting a settlement and requires a jury, which makes it much more public. The award amount is usually higher with a trial compared to a settlement. These trials can take as long as several years. If the victim is extremely ill, however, a judge may accelerate the proceedings. 

The at-fault party’s legal team typically tries to settle a case because they know a trial will cost more for their clients. They further understand that time is not favorable for a mesothelioma patient and will try for a meager offer to try to settle fast. 

This is a reason to hire a skilled personal injury attorney with a mesothelioma specialty to ensure a fair and reasonable settlement or advise that you go to trial. Attorneys on both sides strive to settle outside of court, the fastest solution for ill clients with advanced disease.  

Going to trial is only necessary if the at-fault party and their attorney is refusing fair compensation and no other options are available. Visit – What to Expect During Your Asbestos-Injury Case – to learn what to expect with your asbestos claim. 

Meeting The Deadlines 

One point victims must pay attention to is the amount of time available to take legal action. A statute of limitations is a law that imposes limits on the amount of time you can file suit following an event. If the lawsuit is not filed by the deadline, it is barred, you won’t be able to proceed.  

These statutes are in place to ensure that legal action is handled timely.  For instance, evidence may not be accessible when too much time passes, or witnesses could be difficult to locate.  

Since asbestos-related diseases tend to develop years after the initial exposure, the statute of limitations is often based on either the date of diagnosis or date of death.  

The appropriate statute for a lawsuit will depend on multiple variables, such as where the individual lives, when and where they were exposed, the location of the asbestos company involved.  

An experienced law firm will determine if you fall within the statute of limitations to file suit. Click to learn about statute of limitations for mesothelioma lawsuit claims. 

What To Expect from a Mesothelioma Law Firm 

Mesothelioma law firms are experts in anything relating to asbestos exposure and resulting diseases. Those that stand out among the rest have: 

  • Free claim assessments and won’t charge for the case until they win. This is referred to as contingency fee. 
  • Extensive experience in the field 
  • Teams of investigators capable of tracking the cause of the exposure, finding the responsible companies, and compiling the evidence to establish a solid case 
  • Databases dedicated to local companies that knowingly exposed people to asbestos and asbestos-contaminated sites 
  • Knowledge of options available to clients, such as trust funds and VA benefits 

Final Thought 

A diagnosis of mesothelioma turns victims lives upside down. Besides the impact on their health, they must deal with the financial repercussions ranging from lost income to extensive medical expenses.  

For those who have been diagnosed it’s critical to consult with an attorney with significant experience and a long history of success with asbestos litigation. Professionals like those with Belluck Law in Woodstock have the knowledge to put you in the best position to receive the compensation you deserve. 

These attorneys perform many important tasks throughout the course of your lawsuit, including identifying those who may be liable, handling the case in such a way that brings the best possible outcome. 

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