Mesothelioma Legal Options
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Share ArticleBefore the mid-twentieth century, mesothelioma was exceptionally rare. A type of asbestos cancer that attacks the mesothelium (membrane that lines the lungs, inner chest wall and other internal organs - pleural mesothelioma is the most common form), 19th century doctors would go through their entire careers without ever seeing a case.
Today, this disease has afflicted far too many people. Mesothelioma is the least common of the major asbestos related diseases; asbestosis and lung cancer occur with greater frequency. Nonetheless, it is still the cause of action for tens of thousands of mesothelioma lawsuits.
Amongst others, Mesothelioma legal options available to you may be the right to sue for damages and recovery of your medical expenses and lost wages. If you are the family member of a mesothelioma victim who has died, you may have the right to file a wrongful death suit.
Getting Started
Once you are diagnosed with mesothelioma by a qualified physician, it is important to file a claim as soon as possible. The reason is because of the statute of limitations; the state laws vary from state to state but set a time within which you must start legal action in an asbestos case. Failure to do so within the specified time frame may result in forfeiture of your rights. Even if this time has lapsed, you may have options to file claims with trusts that have been established to compensate victims of asbestos but they may not provide the same level of compensation that a lawsuit may provide.
Lawyers are trained in legal analysis of a wide range of issues as well as the use of language that will "frame" your issue in the clearest and most effective manner. A complaint that is not filled out properly or contains inaccurate information may cause delays, and in some states and under certain conditions may result in dismissal. In addition, most jurisdictions require a filing fee. If an attorney files on your behalf, s/he may advance this fee to you (include it in their own bill, which in most asbestos cases, is paid a percentage of the award).
That said, a complaint may contain nothing more than the answers to five questions:
- What happened to you?
- Where did it happen, or who was responsible?
- When did this occur?
- What is the nature of your injury or loss?
- What remedy (compensation) are you seeking?
Just be certain this information is complete and accurate to the best of your knowledge.
Retaining Counsel
There's an old expression: "The lawyer who represents himself has a fool for a client."
Of course, there is no legal reason why you need to hire a lawyer; every citizen and legal resident of the U.S. has the right to represent themselves in a court of law. However, understand that the defendant - the asbestos industry - has virtually inexhaustible financial and legal resources, which they will use against you in every possible way.
It may be true that David was able to slay Goliath with nothing more than a sling and a rock - but David wasn't an asbestos victim going up against a multi-billion dollar industry in a court of law.
The good news is that asbestos litigation is a "mature" tort. "Torts" refer to personal injury cases; describing it in legal terms as "mature" means that lawyers have over thirty years of case law and legal precedent on which to draw. In addition, massive amounts of evidence against these corporations has been collected over this time; law firms experienced in asbestos litigation have built and continue to maintain massive databases of such evidence and supporting information. Although it is hard and difficult fight, with strong evidence to support the claim, a jury may find in favor of the plaintiff in a mesothelioma case.
For these reasons, you'll want to find a mesothelioma lawyer from a firm that has experience and a record of success - in asbestos litigation. Such a lawyer will usually take a mesothelioma case on contingency, meaning that you will not have to pay legal bills up front; such fees and expenses are taken as a percentage of the monetary award. Because this means that the lawyer and the firm receive nothing if the judge finds for the defendant, the fact that a lawyer is willing to agree to a contingency arrangement means s/he is willing to fight for you to seek justice.
If your case is strong enough, the opposition may agree to a mesothelioma settlement. This actually happens on a fairly frequent basis; while an out-of-court settlement is usually smaller than one than you would receive from a jury, but it spares all parties the time and expense of a trial.
If The Judge Rules in Favor of the Defendant
Even if your lawyer has built a strong case with irrefutable evidence, there are no guarantees at trial and the judge or jury may rule against the plaintiff in a mesothelioma case.. If this happens, you may have the right to appeal to a higher court. Likewise, if the judge rules in your favor, an appeal by the defendant is virtually assured, particularly if the jury awards a sizable amount in damages.
Notes
- Martin, Dr. Lawrence. "Asbestos Lung Disease" (2004).
- Bowker, Michael. Fatal Deception, pp. 162-163
- Minnesota Judicial Department. "Filing a Summons and Complaint"
- Spier, Kathryn. "Settlement With Multiple Plaintiffs: The Role of Insolvency."
Sources
- Bowker, Michael. Fatal Deception. (New York: Touchstone, 2003)
- Martin, Dr. Lawrence. "Asbestos Lung Disease: A Primer", http://www.lakesidepress.com/Asbestos/asbestos-questions.htm, (Online publication). Updated November 2004.
Accessed: 25 July, 2007. - Minnesota Judicial Branch. "Filing a Summons and Complaint" (Online article).
Accessed: 25 July, 2007. - Spier, Kathryn. "Settlement With Multiple Plaintiffs: The Role of Insolvency." The Journal of Law, Economics & Organization, vol. 18 no. 2, 2002.
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