Mesothelioma & Asbestos Cancer Lawsuits – FAQs on Seeking an Attorney
Beyond the fact that mesothelioma cancer is amongst the rarest form of this disease, there have been thousands of cases diagnosed every year. The disease, often misinterpreted with asbestosis was first diagnosed in 1953. Years of research and scientific evidences have helped prove that asbestos is the root culprit for the cancerous disease. Mesothilioma medications and treatments are way too expensive and needs help from a professional attorney in the field to get the compensation right. Being a rare condition, not everyone knows about filing a lawsuit. In this article, we have discussed some important information, providing suitable answers for the most asked questions related to the disease.
Will I be able to afford a mesothelioma lawyer?
Yes, you can definitely afford a mesothelioma lawyer. This is one of the most inciting questions among people exposed to the disease. They think dealing with an attorney economically is out of their league. Though the fee of the lawyers is high enough to be called expensive, still there is way out of the problematic situation. In certain cases, you need to pay to the mesothelioma attorney unless and until it is a successful case at your end. Even if you win, you will have compensation for the hefty medical bills and the retainer. In situation of a successful case, a certain percentage of the total amount received will be charged for the lawyer.
Can I hire any lawyer to file an asbestos cancer claim?
No, only a professional lawyer experienced and knowledgeable in cases of asbestos cancer can help you in this situation. You cannot hire any lawyer at random to file the claim. It has to be specifically a mesothelioma attorney. One should know that exposure to the disease involves a lot of elements with limited body of law which only a trained attorney in the field can understand. A good lawyer knows how to handle the complicated situations and grant you the deserving compensation amount.
What are asbestos trusts?
In most cases, companies couldn’t pay all the damages in relation to asbestos exposure. When a claim is filed in this situation, the court asks the companies to form trust funds to pay compensation to the sufferers of asbestos and any related illness. Several asbestos trusts have their specific criteria of setting the requirement of individuals seeking compensation. The amount of compensation provided to person by trust is decided on basis of the total amount he/she owes. The amount might change with time and an experienced attorney in this field can come to your help in a scenario like this.
In what time period mesothelioma show up?
The time between the period when a person gets exposed to asbestos and when there are first signs of mesothelioma is very significant. The latency period can be between 20-50 years. The length of this latency period relies upon various factors. The longer a person stays exposed to asbestos the quicker will he/she will experience signs of mesothelioma. Another factors involved is the amount of asbestos. Larger the amount speeder is the process of mesothelioma development.
What is the difference between wrongful death suit and personal injury claims?
Claims related to personal injury have certain similarities but are considered different due to some reasons including the confusion about who can file the lawsuit and ask for compensation. In case of personal injury, the claim is filed by the person injured and compensation is issued for lost of wages, emotional suffering and medical pain. On the contrary, wrongful death situations require claim filing by the family members of the person died. The compensation amount in wrongful deaths is settled for medical pain, lost wages and funeral expenses. The purpose of wrongful death is to help the survivors and for personal injury, it is for the harm caused to the person due to accident.
What process is involves in mesothelioma settlement?
A mesothelioma settlement is fixed with a purpose to help the person exposed to asbestos. When in pre-trial phase, both the parties submit different motions to the court and collect relevant information to the case. During this phase, both the parties’ lawyers issue settlement offers which the opposing attorney might accept or reject. Parties also have an option to negotiate and counter offer settlement terms. Several mesothelioma cases are resolved before the main trial session. For the cases which are moved to trial session, the compensation is awarded on grounds of damages suffered by the victim.
How do I detect an asbestos-related illness?
The exact symptoms of an asbestos cancer can vary depending on the type of illness a person is affected and the seriousness of the problem as well. Most cases show that the first signs of mesothelioma are not observed until 10-40 years has passed since the person is exposed to asbestos. Some of the peculiar symptoms of such illnesses are chest pain, dry and persistent cough, weight loss without a definite cause, falling short of breath after little physical exertion and regular lung infections. Physicians diagnose this problem by attending the breathing sounds a person makes.
What is the difference between an asbestos cancer lawsuit and claim?
A large number of people use the word claim in place of lawsuit and vice versa, when talking about mesothelioma claim. However, there is a fine line of difference between the two which one should be aware of. An asbestos cancer claim involves the victimised person and the side at fault dealing with the insurance company to pass the compensation amount for the damage suffered. These claims do not cover the part of a court and the process of passing the claim is carried out based on the research of the accident, police and medical reports. A lawsuit occurs when there is a court of law set to hear out the person’s case as a result of failed claim process.
When a person is suffering from mesothelioma cancer and seeking for an experienced attorney to represent the case in the court, this information comes to great help.