Filing a Mesothelioma Lawsuit

Every year, there are nearly 3,000 people diagnosed with mesothelioma. Ninety percent of the individuals diagnosed with this cancer were exposed to asbestos, a naturally occurring mineral composed of soft and flexible fibers that are resistant to heat, electricity, and corrosion. These qualities make it a very useful resource, but also a very toxic one.

Often, individuals who are diagnosed with mesothelioma were exposed to asbestos while on the job. In fact, in 2019, more than 4,000 lawsuits were filed by individuals with mesothelioma against the negligent companies that left them exposed, according to a report by consultant KCIC

The best way to avoid getting mesothelioma is to avoid exposure to dangerous asbestos fibers. Those working in certain industries, such as construction, auto mechanics, firefighters, and the military should be aware of where asbestos may be present and learn the best way to stay safe if there is a chance of exposure. Respiratory protection is a must, and companies should provide asbestos awareness and safety training to workers who may be at risk.

If you’ve recently been diagnosed with mesothelioma and were exposed to asbestos on the job, and are wondering if you can file a lawsuit, there are some essential steps you will need to follow, including:

Consult an attorney. The process for filing a lawsuit begins with consulting an attorney who can walk you through the process, ensure that you have a case, and research different possibilities for settlement options. Often, a mesothelioma law firm will provide you with a free consultation to talk about your case and go over your legal options.

Confirm your eligibility. To be sure you can file a mesothelioma lawsuit you must be able to confirm that you have medical documentation of a mesothelioma diagnosis and ensure that you have proof of asbestos exposure, including proof of employment history and even witness statements.

File a claim. If you are going to file a mesothelioma lawsuit, you must do so within the statute of limitations set forth by your state. Most states have a one- to four-year statute of limitations for filing a mesothelioma claim that begins when you are diagnosed with cancer.

File the lawsuit. Once your lawyer feels confident in your case, they will file a complaint on your behalf.

Once the lawsuit has been filed, the time it will take to move through the court depends on a variety of factors, including:

  • The caseload of the court system where you are filing
  • The complexity of the case
  • Lawsuit type
  • Number of plaintiffs filing

According to data from the New York City Asbestos Litigation organization, mesothelioma lawsuits may take anywhere from 11 to 113 days.

If you are a victim of asbestos exposure and are now dealing with a mesothelioma diagnosis, filing a lawsuit may be the best way to ensure your medical bills will be covered and your family will be taken care of in the event of your death.

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