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How to Handle Mesothelioma Claims

Mesothelioma is an incredibly rare and aggressive form of cancer, which is mostly caused by exposure to asbestos fibers. It is one of the deadliest forms of cancer, and in most cases, it takes a significant amount of time for mesothelioma symptoms to appear, making diagnosis difficult. Often, people diagnosed with mesothelioma have a history of workplace or home exposure to asbestos, and in many cases, they have been exposed to this dangerous mineral for years, even decades.

If you or someone you know has been diagnosed with Mesothelioma, you may be eligible for compensation. However, filing a mesothelioma claim lawsuit can be a complex process that requires expertise and specialized knowledge. This article will provide an in-depth overview of how to file a mesothelioma claim lawsuit and what to expect throughout the process.

Step 1: Determining Eligibility for a Mesothelioma Claim

The first step in filing a mesothelioma claim lawsuit is determining if you or your loved one is eligible for a claim. The key factor in determining this is a history of exposure to asbestos. You must be able to demonstrate that the mesothelioma diagnosis is related to asbestos exposure. Some of the most common ways people are exposed to asbestos include:

  • Through work or occupational exposure
  • Second-hand exposure from a family member working with asbestos
  • Asbestos-containing products used at home or for personal use
  • Living near an asbestos mine or factory

If you are not sure whether you or your loved one has a history of exposure to asbestos, the following are some of the occupations that have a high risk of asbestos exposure:

  • Construction
  • Shipbuilding
  • Mechanics
  • Electricians
  • Plumbers
  • HVAC workers
  • Firefighters
  • Insulation workers
  • Chemical plant workers

If you or your loved one fall under any of these occupations and have been diagnosed with mesothelioma, then there is a possibility that you may have an eligible claim.

Step 2: Hire a Mesothelioma Lawyer

Once you have determined that you or your loved one are eligible to file a mesothelioma lawsuit, the next step is to hire a mesothelioma lawyer. A mesothelioma lawyer specializes in helping people diagnosed with mesothelioma to get compensation. They understand the legal process, and they can help you navigate the complexities of filing a mesothelioma lawsuit.

When hiring a mesothelioma lawyer, it is essential to choose one with a proven track record of success in handling these types of cases. You will need someone who is experienced, knowledgeable, and compassionate. Here are some of the things you should look for when choosing a mesothelioma lawyer:

  • Experience: Look for a lawyer who has many years of experience in handling mesothelioma cases.
  • Track Record: Look for a lawyer with a proven track record of success in getting compensation for their clients.
  • Compassion: Your lawyer should be compassionate and understanding. Mesothelioma is a devastating diagnosis, and you need someone who can be there to support you and your family throughout the legal process.
  • Communication: You should hire a lawyer who is an excellent communicator. They should be able to explain complex legal concepts in a way that is easy to understand.

Step 3: Gather Information and Evidence

Once you have hired a mesothelioma lawyer, the next step is to gather all of the necessary information and evidence to support your claim. This includes:

Medical Records: You will need to provide your medical records showing the mesothelioma diagnosis and the history of exposure to asbestos.

Employment History: You should provide your work history and the names of any companies that you worked for that may have exposed you to asbestos.

Witness Statements: If there are witnesses to your asbestos exposure, they may be able to provide statements to support your claim.

Product Identification: If you were exposed to asbestos through a product, it is essential to identify the product and manufacturer.

Step 4: File a Mesothelioma Claim Lawsuit

Once all of the necessary information and evidence has been gathered, your mesothelioma lawyer will prepare and file a mesothelioma lawsuit on your behalf. The lawsuit will be filed against the companies responsible for your asbestos exposure.

The complaint will outline the details of your mesothelioma diagnosis, how you were exposed to asbestos, and the financial damages you have suffered as a result of the mesothelioma diagnosis. The complaint will also outline any additional damages, such as pain and suffering and loss of income, that you will be seeking compensation for.

Once the complaint is filed, the defendant will have a set amount of time to respond. In most cases, the defendant will deny responsibility and try to avoid paying compensation. The case may proceed to trial, or it may be settled out of court.

Step 5: Settlement or Trial

If the case proceeds to trial, a judge or jury will hear the evidence and decide on a verdict. The verdict can result in a monetary award for you

How to Handle Mesothelioma Claims

Because the disease mesothelioma is so strongly related to exposure of asbestos, there have been various lawsuits over the years where plaintiffs sue the businesses or corporations they work for due to developing the disease as a result of being exposed to asbestos particles for an extend period of time.

Over the years, mesothelioma lawsuits and claims have become an increasing factor in the United States, with over 600,000 documented mesothelioma claim records to date. Though the first mesothelioma claim and lawsuit in the United States was filed in 1929, there is one particular case which would essentially set forth the precedent for mesothelioma claims to follow.

The Cavett-Manville Corporation Mesothelioma Claim – Though there were previous mesothelioma and asbestos-related lawsuits in the past, the most prominent and important case regarding mesothelioma is that of James Cavett vs. The Johns Manville Corporation.

Cavett would file suit against the Johns Manville Corporation, claiming that the business withheld and hid pertinent information in regards to the dangers of asbestos exposure with the various jobs in the company.

As more evidence came to light in regards to the asbestos and mesothelioma, the actions of the Johns Manville Corporation became clearly evident to be in ill favor, putting the company’s workers and their families directly at risk to developing mesothelioma.

In 1982, the case would be put into motion, causing the Johns Manville Company to declare bankruptcy as a result of the court’s decision in favor of James Cavett. Following Cavett’s victory, subsequent mesothelioma and asbestos exposure claims would be filed against the Johns Manville Company, totaling in the realm of 16,000 total mesothelioma claims.

Mesothelioma Claims – Even though the United States Federal Government has interceded in the issue of asbestos exposure and mesothelioma by creating health regulations and laws, there are still mesothelioma claims being filed today.

Workers that are involved in the construction field are most at risk of developing mesothelioma, even though the use of asbestos-related materials is mostly outdated. However, there are still buildings and structures that have asbestos materials in place.

A very prominent field of construction is the removal of asbestos from buildings, which would put such laborers even more at risk of developing mesothelioma over the years. Taking the proper work precautions and using the safety equipment may help curtail the possibility of developing mesothelioma, though the risk is still very much present.

If You Have Mesothelioma – In the adverse and unfortunate case that a person is properly diagnosed with mesothelioma or other asbestos-related diseases, there may be the possibility of being eligible for legal compensation.

It is important to consult with a knowledgeable mesothelioma lawyers regarding asbestos situations in order to determine the possibility of filing suit against an employer or company.

A mesothelioma claim may prove to be a difficult case to prove. Having the proper and skilled legal advice of an asbestos attorney can certainly help obtain any recompense from damages suffered as the result of contracting mesothelioma because of a particular type of job.