Mesothelioma victims often feel helpless, left with a devastating diagnosis and countless questions about how something like this could happen to them. Mesothelioma cancer is usually diagnosed 20 – 50 years after exposure to asbestos, so finding the source of the disease can seem like looking for a needle in a haystack. Thankfully, there are experienced mesothelioma attorneys who spend their lives investigating these situations and advocating for the rights of cancer victims. An experienced mesothelioma lawyer can help you determine if filing a lawsuit is the right thing to do, and assist you in gathering crucial evidence if you do decide to move forward and seek compensation.
Filing a Mesothelioma Lawsuit
A patient who is diagnosed with mesothelioma may file a lawsuit, but there must be a known or suspected source of asbestos exposure. If you worked many jobs where asbestos may have been present, your attorney can launch a full investigation and help you identify a clear defendant. In some cases, several defendants may be named, including the actual manufacturers of asbestos and asbestos-related products.
If you are a family member of someone who passed away due to mesothelioma, or the executor of the estate of a deceased mesothelioma victim, you may be eligible to file a lawsuit. Remember that mesothelioma claims are subject to a state stature of limitations, which restricts the amount of time you have to file a claim to one to two years after diagnosis. If you are considering filing a claim, the sooner you contact a lawyer, the better your odds may be of achieving fair compensation.
Determining Compensation Amount
The amount of compensation you are entitled to will depend largely on several factors related to asbestos exposure and disease development, including:
- Age the disease was contracted
- Current age of patient or age at time of death
- Degree of negligence of employee or manufacturer
- Exposure characteristics
- Mesothelioma diagnosis and treatment costs
- Case presentation and evidence
- Physical limitations caused by cancer
- Affects of the disease on loved ones
- Loss of earning potential
Mesothelioma victims and their families may be entitled to receive additional funds for emotional damages like pain and suffering, loss of enjoyment of life, loss of consortium (marital relations), and other damages.