Lawsuits related to mesothelioma typically arise from exposure to asbestos, a mineral once widely used in construction, manufacturing, and other industries. Mesothelioma is a type of cancer that commonly affects the lining of the lungs, abdomen, or heart, and it is primarily caused by inhaling or ingesting asbestos fibers. Here’s an overview of how lawsuits related to mesothelioma work:
1. **Identification of Exposure**: The first step in a mesothelioma lawsuit is identifying where and when the exposure to asbestos occurred. This may involve determining the individual’s work history, including any occupations or environments where asbestos exposure was likely to have occurred.
2. **Legal Consultation**: Individuals diagnosed with mesothelioma typically seek the advice of a specialized mesothelioma attorney. During an initial consultation, the attorney will review the individual’s case, medical records, and potential legal options.
3. **Filing a Lawsuit**: If it’s determined that there’s a viable case, the mesothelioma attorney will file a lawsuit on behalf of the individual or their family members against the responsible parties. These parties may include employers, manufacturers of asbestos-containing products, property owners, or other entities responsible for the asbestos exposure.
4. **Discovery**: During the discovery phase of the lawsuit, both parties exchange information and evidence relevant to the case. This may include documents, depositions, and expert witness testimonies related to asbestos exposure, the development of mesothelioma, and the defendants’ knowledge of the risks associated with asbestos.
5. **Settlement Negotiation**: In many mesothelioma cases, the parties may reach a settlement agreement before the case goes to trial. Settlement negotiations typically involve discussions between the plaintiff’s attorneys and the defendants’ insurers or legal representatives to determine the amount of compensation to be paid to the plaintiff.
6. **Trial**: If a settlement cannot be reached, the case may proceed to trial. During the trial, both sides present evidence and arguments to a judge and/or jury, who then determine liability and any damages to be awarded to the plaintiff.
7. **Compensation**: If successful, mesothelioma lawsuits can result in compensation for various damages, including medical expenses, lost wages, pain and suffering, and in cases of wrongful death, compensation for surviving family members.
Mesothelioma lawsuits can be complex and may involve multiple defendants and legal theories. Working with an experienced mesothelioma attorney who specializes in asbestos litigation is crucial for maximizing the chances of a successful outcome. Additionally, many mesothelioma attorneys work on a contingency fee basis, meaning they only get paid if they secure compensation for their clients.