Mesothelioma Litigation
By Chirag Chhita
Records indicate mesothelioma has killed more than 43,000 Americans since 1979, distressing thousands of families. This disease is a form of cancer that affects the protective lining of most of the body's internal organs. It is caused by exposure to asbestos, a flexible, fibrous mineral commonly used in several industrial products.Most people affected by this form of cancer are those who have direct exposure to the material, in the mines and in companies producing asbestos products. But this does not limit the scope of victims. Families of these workers are also exposed to the deadly mineral brought home by the workers through the clothing and skin.
Manufacturing companies producing asbestos products are aware of the hazardous effects of asbestos, and yet they continually make these products, marketing them to the public without informing them about the health risks. In other words, they employed deception in order to maintain the high profit brought by their products.
If you or someone dear to you is afflicted with this devastating disease, you have a right to seek reparation and claim compensation from liable companies by pursuing mesothelioma litigation.
Types of Mesothelioma Lawsuits
Mesothelioma lawsuits are categorized into two sections, and the first one is called a personal injury lawsuit. In this type of lawsuit, the person diagnosed with mesothelioma is living and is filing the lawsuit as a plaintiff in his own individual capacity. The second is called a wrongful death lawsuit, where a person who has died as a result of the disease is represented by a spouse or a relative.
In the first category, time is the most important element. The attorney should be able to gather all the necessary information in a few sessions. One or two depositions from the plaintiff will be produced, and then the attorney handles everything until the case begins trial.
In the second type of case, the most important part is finding persons who used to work with the deceased. They will be able to provide work history and product exposure testimony the deceased would have provided were he still living. Sometimes the witness is required to give a deposition, after which the lawyer takes over until trial begins.
The Trial/Settlement
In most lawsuits, the cases are settled before the courthouse steps are ever reached. The company usually prefers offers a settlement or a pay-out.
But in cases where the company holds out or the plaintiff refuses settlement, the case proceeds to be heard in court. Here the jury is one of the most important elements that affect the case. When there are multiple defendants, different defendants will usually settle at different stages, with others holding out till the end.
The jury's rendering of the verdict does not mean the end of the legal process. The plaintiff or the defendant may still file for an appeal. Sometimes, cases are settled during this stage.
The Payment of Compensation
Settlement amounts vary from case to case, region to region and country to country. And out of this amount, the mesothelioma Lawyer takes the attorney's fees, usually 30 %-40% of the total. The remainder amount then goes to the plaintiff.
Settlement payments in mesothelioma litigation generally takes place months after the settlement is agreed to. Some take a couple of years before they receive the settlement payments, and still some don't get paid at all. This happens when the defendants file for bankruptcy.
If you think you have a claim in this area, what you need to do is to find a good mesothelioma Attorney in your place as soon as possible because every state has a statute of limitations. If you do not act within the prescribed time period for filing the case, you lose all chances for compensation.
