Legal FAQs About Mesothelioma Lawsuits
In addition to the many medical questions you have about the disease
of mesothelioma cancer, there are a number of legal questions that can
surface about the disease. Who is responsible for me getting this? What
can I do about it legally? How do I find an attorney who knows about
mesothelioma and other asbestos-related diseases?
All of these are good questions to ask. Here are answers to those
questions and also answers to other questions you may have.
Do I need a lawyer and what should I look for?
Yes, it is a good idea to hire a mesothelioma lawyer who is
experienced with these types of cases. Mesothelioma lawyers are experts
in asbestos exposure and the related diseases. Their teams of
investigators can track down the cause of your exposure and find the
companies that are responsible.
Before you hire an attorney, it is important to find someone with
whom you feel comfortable. Many mesothelioma attorneys offer free
initial consultations so that you can find the lawyer who is best for
you. If you need help Asbestos.com can assist you in finding an attorney..
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I can't remember where I was exposed to asbestos. Can I sue?
Yes. If you are not sure who is responsible for your asbestos
exposure, you can still sue. Your mesothelioma lawyer will investigate
where you were exposed to asbestos and which companies are responsible
for your illness. If more than one company is at fault, each is usually
assigned a percentage of the damages. You attorney will gather all of
the information needed to file your lawsuit.
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I was exposed to asbestos in the military. Will you sue the military?
No. Lawsuits are usually filed against the companies that produced
the asbestos materials that caused your illness, not the government or
military.
Whether or not you file a lawsuit, you may also be eligible for
assistance through the Department of Veterans Affairs. Contact our Veterans Assistance Department for help obtaining veterans benefits.
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Compensation for Veterans
Our Veterans Department can help you or a loved one file asbestos-related VA Claims and secure other potential benefits.
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Can I sue for compensation if I have mesothelioma?
You may be able to sue for compensation. Whether you can file a lawsuit
depends on many factors, including how and where you were exposed, who
was responsible for your exposure and when you were diagnosed with
mesothelioma. You should talk to a mesothelioma lawyer about your case
as soon as possible. For more information, also see Your Legal Rights.
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What factors determine the compensation in mesothelioma cases?
Mesothelioma lawsuits are filed to receive compensation for expenses
and losses related to the illness. As a result, medical expenses, lost
wages from inability to work, pain and suffering will impact the amount
of any compensation you receive. Other factors such as state law and the
defendant’s financial condition also affect how much compensation you
can ultimately receive.
Each case is different and there is no guarantee you will receive
compensation. You should speak with a mesothelioma attorney about the
value your case, but beware of any promises to win a specific amount.
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Where should I file my lawsuit?
You may be able to file your case in more than one state. The court you
choose can impact the outcome of your case. Your mesothelioma attorney
will gather information about your claim and help you decide where to
file your case. Please see Case Filing for more information.
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If I file my lawsuit out of state, will I have to travel?
No, you will not have to travel. Your mesothelioma lawyer will come to you to perform an interview, record your deposition, and will go to court on your behalf.
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Is there a deadline for filing a mesothelioma lawsuit?
Yes. Each state limits how long you have to file a mesothelioma lawsuit. What’s more, a patient’s life expectancy
plays a role in how an attorney will want to attack the case. A lawyer
can explain the statute of limitations. It is wise to speak with a
mesothelioma lawyer as soon as possible after you are diagnosed to avoid
missing the deadline. Visit Case Filing for more information.
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How long will my case last?
There is no set timeframe for asbestos cases. The duration depends on
many factors including whether you are able to reach a fair settlement
during the case process. Your attorney may be able to expedite your case
if you are at an advanced stage of cancer.
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Will my case go to trial, or will it settle out of court?
Many cases never go to trial because the companies settle before trial.
Each case is unique and there is always the chance that your case may
go to trial. Sometimes the parties reach a settlement after the trial
starts. Your mesothelioma attorney will advise you throughout the case
process. Please see Trial and Settlements for more information.
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What if I die before my case is resolved?
If you die while your lawsuit is pending, your estate will act in your
place and divide any award among your survivors. Your loved ones may
also be able to file a wrongful death suit. See Legal Options and consult a mesothelioma attorney for more information.
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I’ve heard that some asbestos lawsuits result in multi-million dollar awards. Will I also get a large award?
It is true that some asbestos lawsuits have resulted in awards or
settlements worth several million dollars. Not every case results in a
huge verdict or settlement. Whether you receive compensation and the
amount will depend on the circumstances of your case. Visit Settlements and speak with a mesothelioma lawyer for additional information.
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$32 Billion in Trust Funds Remaining
Find out how these funds help compensate victims of asbestos exposure
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Can I get disability or workers compensation benefits?
If you are diagnosed with mesothelioma, you can apply for expedited Social Security disability benefits. Contact our Patient Advocates for free assistance.
You may also be eligible for workers compensation
benefits. Each state’s laws vary and your state workers compensation
board can provide more information. A mesothelioma attorney can also
help you consider your options.
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Can I still sue if I file another type of claim?
Yes. If you file for disability, workers compensation or veteran’s
benefits, you may also be able to sue the manufacturer of the asbestos
product responsible for your illness. Contact a mesothelioma lawyer for
assistance.
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Is hiring a mesothelioma lawyer expensive?
Mesothelioma lawyers generally work on a contingency fee basis. This
means they only receive compensation if and when you do. You do not pay
out-of-pocket expenses during the litigation. If you win or receive a
settlement, the attorney receives a percentage of your compensation. The
contingency fee is determined when you hire your attorney.
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Author
Tim Povtak
Tim Povtak is an award-winning writer
with more than 30 years of reporting national and international news.
His most recent experience is in researching and writing about asbestos
litigation issues and asbestos-related conditions like mesothelioma. If
you have a story idea for Tim, please email him at tpovtak@asbestos.com