Mesothelioma diagnosis makes you eligible to hold the culprits responsible for the wrong they have committed to you. Cancer treatment is usually costly, and mesothelioma is no exception. The mounting medical bills with financial issues can destabilize your whole life. In this time of desolation, mesothelioma claim can be a ray of hope. A mesothelioma claim holds the culprits responsible for their negligence by demanding compensation. The compensation amount helps you pay the financial cost of mesothelioma treatment and other life expenditures. Here is a comprehensive guide to help you file a legal complaint in court.
Hire An Experienced Attorney
The process of fighting mesothelioma starts with hiring an experienced attorney. Though you can file the complaint yourself, too, a mesothelioma attorney is a better option. You must find a lawyer with years of ligation experience in cases similar to you. Also, enquire if they excel in all categories of a personal injury claim or deal with mesothelioma lawsuits only. The more focused they are on their services, the most dedicated help they can offer. Hiring an attorney helps you develop a strong case against the defendants. Moreover, law firms have extensive resources and databases at their disposal to gather and investigate the evidence. Once you engage with your lawyer, get all your mesothelioma lawsuit information and leave no loopholes unaddressed.
Types Of Mesothelioma Lawsuits
As of 2020, you have two broad options to file a mesothelioma compensation claim. They are mesothelioma personal injury claim and mesothelioma wrongful death claim.
Mesothelioma Personal Injury Claim
In this type of lawsuit, the victim can file the complaint when still alive. The compensation amount is based on the victim’s medical expenditures, travel expenses, loss of work and wages, number of dependents, and defendants mentioned in the lawsuit. The law also considers pain and sufferings that the defendants caused to you to estimate the amount of your rightful compensation.
Mesothelioma Wrongful Death Claim
If the victim dies due to mesothelioma, the family becomes eligible to demand compensation. Instead of a personal injury suit, they can file a mesothelioma wrongful death claim. In this situation, the compensation amount will also consider funeral cost and loss of the life of your loved one.
Legal Steps To File An Asbestos Lawsuit
Each mesothelioma case is different, but some steps are common in all cases regardless of the victim’s circumstances.
1. Evaluate The Case
Once you connect with a mesothelioma lawyer, the first thing they do is take the history and evaluate your case. They may look at your mesothelioma diagnosis medical reports and enquire about your workplaces to determine where and when you were exposed to mesothelioma. It is a lawyer’s job to gather information about manufacturers, suppliers, and users of asbestos-containing products who caused you this harm. Based on your diagnosis, the lawyer may check your eligibility according to the statute of limitations defined by your state.
2. Filing A Lawsuit
The next step is filing the lawsuit in court. Based on the strength of the evidence and statute of limitation, your lawyer will decide about the state to file your case to maximize your chances.
3. Reply To The Defendants’ Response
The respondents will be notified of your complaint, demanding a response. The defendants have a period of thirty days to respond to the notification and to accept or decline your demand of compensation. In case of refusal, both sides gather evidence to defend their stance. The best-prepared lawyers can produce the most accurate and timely responses to arguments made by the defendants.
4. Discovery Period
There is a window in which both parties can collect information, gather evidence, and take videotaped statements to prove their case. This is called
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