Mesothelioma personal injury lawyers work with victims of asbestos exposure and resulting illnesses to recover damages through legal action. They investigate exposure cases, take clients through legal processes, provide advice, and represent clients in litigation and settlement negotiations.
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What Is Personal Injury?
A personal injury is any injury to a person’s body, mind, or health, as opposed to damage to property or an object. Personal injury falls under tort law, the area of the law that deals with acts or omissions that cause harm to an individual.
This is civil, not criminal, law. In other words, the person, company, or organization that caused harm did not commit a crime.
Tort law ensures that people harmed by the action or lack of action of another can be given relief in the form of monetary compensation. It also helps victims hold the negligent party responsible and helps deter future negligent acts.
Is Mesothelioma a Personal Injury?
Mesothelioma is a personal injury when a company is negligent in the asbestos exposure that caused the illness. This is almost always the case with asbestos illnesses because they are preventable. Workers should have been prepared for and warned of the risks of being around asbestos.
Most people with mesothelioma encountered asbestos on the job. Either an employer or asbestos manufacturer may be negligent. There are often multiple liable companies.
The workplace isn’t the only setting where people experience negligent asbestos exposure. You may have been exposed if you lived with someone who worked with asbestos. This is called secondhand exposure.
Other sources of exposure are related to where you live. Living near a factory or mine with asbestos can cause you harm. Natural deposits of asbestos can also expose nearby residents.
Should I File a Personal Injury Mesothelioma Lawsuit?
There are many good reasons to file a personal injury lawsuit if you have been diagnosed with mesothelioma. Ultimately, the decision is yours, but consider these facts:
- Personal injury lawsuits hold responsible companies accountable for the harm they caused.
- These lawsuits can prevent future harm by punishing companies now.
- For you, a personal injury lawsuit provides a way to get much-needed compensation.
- Compensation from a lawsuit can help you pay for treatment and also make up for lost income and other expenses.
How to File a Mesothelioma Personal Injury Lawsuit
To file a lawsuit for mesothelioma, you need to work with an expert lawyer. A lawyer experienced in asbestos cases can do all the work of filing your suit and giving you the best chance of a win.
They will file, investigate to build a case with solid evidence, negotiate with the defendants’ lawyers, and, if necessary, take your case to trial.
Your lawyer does all the work, but you are responsible for staying informed and deciding how to proceed with the case.
What Is a Mesothelioma Personal Injury Lawyer?
A personal injury lawyer of any type specializes in tort law. They represent victims of negligence, including slip and fall accidents, car accidents, defective products, and medical malpractice, among many other examples.
Many personal injury lawyers narrow their specialty to a specific type of negligence. A mesothelioma lawyer represents people diagnosed with mesothelioma and other asbestos illnesses.
A mesothelioma lawyer helps victims file a lawsuit to recover damages for their illness, medical expenses, lost wages, and other costs associated with asbestos exposure and mesothelioma. In these cases, the patient files a lawsuit. If they die, their family may file a wrongful death lawsuit.
How Can a Personal Injury Lawyer Help Me After a Mesothelioma Diagnosis?
To say that this type of lawyer represents and advocates for asbestos and mesothelioma victims is the short answer. What they do for victims daily involves so much more. Personal injury cases are often complex, and expert, skilled lawyers step in to help victims get the justice they deserve.
Explain Your Rights and Provide Advice
If you have been diagnosed with mesothelioma, you likely have many questions. Often the first thing a personal injury lawyer will do is give you answers.
They have a deep understanding of tort law and the asbestos industry and can explain your legal rights and advise what to do next.
Investigate Asbestos Exposure
Mesothelioma personal injury lawyers are not just experts in the law; they also know the asbestos industry and understand the illnesses it causes. With a mesothelioma diagnosis, you may or may not know where you encountered asbestos. You may not even know where to start.
A personal injury legal team has the knowledge and resources to investigate your case and determine where you experience asbestos exposure and which companies may be held liable. They consult with other medical experts or the industry you worked in to get a complete picture.
Assess Damages
The ultimate goal of a personal injury case is to recover monetary damages. With the information from the investigation and the records you provide, a personal injury lawyer can assess what you may be owed in damages.
Personal injury lawsuits and settlements can result in compensation for many expenses, some you may not have considered:
- Medical expenses, past and future
- Lost wages
- Travel costs for treatments
- Physical or emotional pain and suffering
- Disfigurement
- Losses to dependents
File a Lawsuit
A mesothelioma personal injury lawyer can file a lawsuit on your behalf with all the information in place. As the plaintiff in the case, you allege that the defendant is liable for negligently exposing you to asbestos, leading to your illness.
With the lawsuit filed, your lawyer or legal team, and the lawyers on the defendant’s side, go through a discovery period. They gather information, interview witnesses, and conduct depositions under oath.
Negotiate a Settlement
Most personal injury lawsuits never go to trial. Following the discovery period, both sides have enough information to determine if the better course of action is to negotiate a settlement. If so, your lawyer represents you in this negotiation for as much as the total amount of damages as possible.
Litigate in a Trial
If you can’t settle, your lawyer can represent you in court before a judge and a jury. Your personal injury lawyer will present all the evidence and expert witnesses to prove the defendant is liable for your damages.
The jury or judge then decides if they are liable and, if so, what they owe you in damages.
Make an Asbestos Trust Claim
In some asbestos personal injury cases, the negligent company has gone bankrupt. You cannot sue these companies, but they may have established an asbestos trust to compensate victims. Your lawyer can guide you to the appropriate trust and help you file a claim.
How Do I Know if I’m Eligible to File a Mesothelioma Claim?
Contact a mesothelioma lawyer to find out if you are eligible. Generally, you can file a personal injury lawsuit if diagnosed with an asbestos illness.
If your loved one files a personal injury lawsuit for mesothelioma but dies before the case concludes, you may continue it for them as a wrongful death lawsuit.
What Is the Average Settlement for Mesothelioma Personal Injuries?
If you choose to work with a mesothelioma lawyer for personal injury, your primary goal may be to recover damages. A settlement can cover your medical expenses and lost wages and compensate your dependents. This is why most people make asbestos claims.
The average settlement for mesothelioma claims is between $1 million and $1.4 million. It is essential that you work with an asbestos law firm or lawyer to maximize the amount you receive.
How Do I Find an Asbestos Lawyer Near Me?
Finding a law firm or attorney specializing in asbestos cases in your area shouldn’t be difficult. Many firms handling these cases are large and have both local and national reach.
Look closely at advertisements and online listings for firms that handle asbestos cases. They should focus only on personal injury lawsuits and have extensive experience working with victims of asbestos exposure.
You can also look for references for a mesothelioma personal injury lawyer. If you know a lawyer personally, ask them to refer you to a trusted colleague who handles asbestos cases. Past co-workers may have filed asbestos claims and could have a good referral for you.
How Do I Choose a Mesothelioma Lawyer?
Your choice of lawyer or firm is essential because it impacts the outcome of your case. The best mesothelioma lawyers have these characteristics:
- They are personal injury lawyers who specialize in asbestos and asbestos illnesses.
- They have worked on cases like yours and for victims like you.
- They have won cases for similar victims and recovered damages.
- They take the time to answer all your questions and are prepared to investigate your case with no up-front fees.
Personal injury lawyers work on a contingency basis, meaning they do not charge you until they win the case. Discuss contingency fees before settling on a lawyer, and avoid any firm that requests payment before doing any investigation.
Personal Injury Mesothelioma Attorney FAQs
The right lawyer can answer all your questions, but this is a good place to start:
When Do I Need a Personal Injury Lawyer?
You need a personal injury lawyer if you suffered harm from asbestos exposure and have expenses as a result. A lawyer can give you compensation options and help you decide what to do next.
Is it Ever Too Late to Talk to a Mesothelioma Lawyer?
Never hesitate to reach out to a lawyer for advice. However, there are time limits on filing a personal injury lawsuit. The statute of limitations varies by state. Talk to a lawyer as soon after a diagnosis as possible.
What Happens After the Initial Consultation with a Mesothelioma Attorney?
After a free initial consultation, a lawyer will tell you if they think you have a case. If so, they’ll offer to represent you. They will then explain your options and help you decide which step to take.
If you want to file a personal injury lawsuit, they will do most of the work and keep you updated on the progress of your case.
How Can a Mesothelioma Personal Injury Lawyer Prove My Case?
To win a personal injury lawsuit and recover damages, you must prove you were exposed to asbestos and that it led to your illness.
Experienced asbestos law firms have the resources and expertise to track down asbestos exposure through employment history and prove which companies were responsible. They also have medical experts to testify that asbestos caused your diagnosis.
What Do Damages in a Mesothelioma Personal Injury Lawsuit Cover?
Damages vary by case, but they typically cover:
- Current and past medical bills
- Expected future medical expenses and other costs of care
- Lost wages
- Losses to dependents
- Pain and suffering
What if I Can’t Afford an Asbestos Attorney?
Reputable personal injury law firms never charge clients a fee until they win. You shouldn’t have to pay anything until your lawyer recovers damages and you get the compensation.
I’m a Veteran, Can a Personal Injury Lawyer Help Me?
Yes, mesothelioma attorneys understand the outsized impact asbestos had on veterans of the U.S. military. They can help you sue the asbestos manufacturers and apply for VA benefits.
How Can I Work with a Lawyer During COVID Restrictions?
Personal injury firms have not slowed down during the pandemic. They offer virtual meetings and consultations. They also work with the courts virtually so that cases can proceed.
A mesothelioma personal injury lawyer is your best ally in the fight to recover damages for your negligent asbestos exposure. Don’t settle for a general lawyer or anyone without this kind of experience.
Paul Danziger
Reviewer and EditorPaul Danziger grew up in Houston, Texas and earned a law degree from Northwestern University School of Law in Chicago. For over 25 years years he has focused on representing mesothelioma cancer victims and others hurt by asbestos exposure. Paul and his law firm have represented thousands of people diagnosed with mesothelioma, asbestosis, and lung cancer, recovering significant compensation for injured clients. Every client is extremely important to Paul and he will take every call from clients who want to speak with him. Paul and his law firm handle mesothelioma cases throughout the United States.
References
- American Bar Association. (2013, March 18). Personal Injury Claims.
Retrieved from: https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/personalinjury/ - American Bar Association. (2012, April 10). Personal Injury Claims. What Will I Get if I Win my Case?
Retrieved from: https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury_wincase/ - American Bar Association. (2013, March 18). Personal Inury Claims. What Happens if I File a Lawsuit?
Retrieved from: https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury_lawsuit/