Why People File Mesothelioma Lawsuits
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Mesothelioma is a life-altering diagnosis. Victims of this asbestos cancer are forced to endure life- changing pain and suffering. Most suffer intense physical pain and loss of the most taken-for-granted of life’s pleasures, including the ability to breathe. Most suffer enormous mental and emotional anguish as they deal with mesothelioma’s effects on them and their family members.
Many mesothelioma victims endure often debilitating treatments such as chemotherapy and extensive surgeries.
At the time of their exposure to asbestos, decades before mesothelioma appears and is diagnosed, victims did not know they were at risk from their work with and around asbestos-containing products and equipment. The companies that manufactured and sold these products, however, knew, some as early as the 1930s.
Mesothelioma lawsuits are one way for mesothelioma cancer patients and their families to obtain compensation for the pain and suffering associated with this deadly disease. These lawsuits are also a way to gain financial security and to hold the asbestos industry accountable for the devastating harm it caused.
People who file mesothelioma lawsuits may be seeking compensation for:
- Pain and suffering
- Medical expenses
- Lost income
- Loss of love and sexual relations with spouse (known as loss of consortium)
- Funeral costs
Who Can File Mesothelioma Lawsuits
Brake linings and clutch facings, floor tiles, ceiling tiles, roofing products, gaskets, packing materials, joint compounds, insulation in schools, commercial buildings and equipment such as boilers, valves, and pumps — all were made with asbestos in the past. While the once widely used material has status as being heat-resistant and very versatile, it also can release tiny fibers when manipulated or disturbed, endangering anyone who inhales them.
People who were exposed to asbestos and who were diagnosed with an asbestos disease and can fairly trace their illnesses to a company’s negligence may be able to get compensation for their pain and suffering — as well as other damages — through personal injury mesothelioma lawsuits. If a victim of asbestos-related disease initiates a lawsuit, but passes away before it is resolved, that person’s loved ones are able to take over the lawsuit by filing wrongful death lawsuits.
Whether you’ve been diagnosed with mesothelioma or your loved one was diagnosed with or died from the disease, it is best you explore the legal options available to you as soon as possible. Mesothelioma can develop anywhere from 10 to 50 years after asbestos exposure. Weitz & Luxenberg attorneys have extensive experience investigating the sources of such exposure.
People who had asbestos exposure in the workplace and are at risk of asbestos diseases such as mesothelioma include:
- Factory workers
- Railroad and automotive workers
- Ship builders
- Construction workers
- U.S. military
Family members of asbestos workers also are at risk of developing asbestos-related diseases through clothing that was contaminated by toxic asbestos fibers and brought home for laundering.
What to Expect
Mesothelioma takes a lot from a person: your health, your money, your ability to do the things you love. Perhaps the most upsetting of all is that it takes your time.
A lawsuit should not monopolize what time you have left. Weitz & Luxenberg attorneys work to resolve cases as quickly as possible, handling the proceeding from beginning to end so you can concentrate on your health and your loved ones. If you are in poor health, we will try to expedite the entire legal process — even in the face of defendants who try to drag it out.
Everyone’s case is unique, but there are several steps that apply to most mesothelioma lawsuits. The right mesothelioma attorney will take on each of these steps for you and update you throughout the process.
Typically, a mesothelioma lawsuit involves:
- Preparation — Your attorney gathers information about your mesothelioma and asbestos exposure and decides in which court to file your lawsuit.
- Filing — To start the legal process, your attorney files a written complaint with a court.
- Responses — Defendants named in your lawsuit receive a copy of your complaint and have the chance to respond.
- Discovery — Attorneys for both sides gather information from one another through written questions, depositions, and the production of documents.
- Settlement — A defendant may try to resolve the case before trial by offering you money.
- Trial — Both parties present their cases in court. This process varies depending on where you file a claim.
- Appeal — If you win the trial, the defendant may decide to challenge the decision by filing an appeal.
Filing a civil action in court can be intimidating, especially when it’s against a big business. At Weitz & Luxenberg, we believe everyday people are as entitled to high-powered legal representation as large corporations. We offer free consultations, cover all expenses, and work on a contingency fee basis, meaning we don’t get paid or reimbursed by you for expenses unless and until we recover money on your behalf.
Mesothelioma Lawsuit Results
A mesothelioma lawsuit can be resolved in two ways: a trial verdict or a settlement. Most result in a settlement and never make it to trial. In either case, a trusted, reputable, and experienced mesothelioma lawyer will make sure you receive all the money to which you are entitled.
A mesothelioma settlement is an amount of money paid to a mesothelioma patient who has filed a personal injury lawsuit or to a mesothelioma victim’s surviving loved ones who have brought a wrongful death claim. In a settlement, you and the settling company reach a legally binding and enforceable contract through out-of-court negotiations between your lawyers and the defendants’ lawyers.
Mesothelioma lawsuits can also be resolved in court. A jury listens to testimony, looks at evidence, and considers arguments offered by your attorney and the defendants. Then it deliberates and reaches a verdict. If the jury finds the defendants liable for the harms you have suffered, it then decides how much money you should receive in compensation. A judge can accept the amount, increase, or decrease it.
Weitz & Luxenberg has handled more than 33,000 asbestos cases, winning victims $8.5 billion through verdicts and settlements. We would be honored to discuss with you the details of the legal process and to provide well-deserved support through a confusing, emotional time. For more information about your legal options, please contact our office at (866) 706-7783 or fill out a form to speak to one of our mesothelioma attorneys.