Many people have developed a form of cancer known as mesothelioma after exposure to asbestos. The victims of this exposure or their surviving relatives could also be entitled to compensation by filing legal action.
These cases are complex, as the exposure to asbestos might have occurred years before any symptoms develop. A skilled mass tort attorney could help you understand your options when it comes to mesothelioma lawsuits.
Mesothelioma is a form of cancer that attacks the internal organs. The disease is aggressive and deadly. In many cases, treatment is not an option. This type of cancer attacks the tissue that covers most major organs, which ultimately causes them to fail.
One of the most common causes of mesothelioma is asbestos exposure. This substance was once commonly used in building construction, and its widespread use continues to have major health ramifications. This is true not only for people directly exposed to asbestos, but also for those who indirectly encounter the substance on the clothing of a family member. A lawsuit may be possible after suffering mesothelioma from asbestos exposure.
Different parties might be entitled to compensation due to a mesothelioma diagnosis. Anyone exposed to asbestos could have a viable claim when they have since developed mesothelioma.
It is important to understand there are different types of exposure. While many people have this condition because of direct exposure to these harmful substances, secondary exposure is also possible. This occurs when a person comes into contact with asbestos after another person was initially exposed.
Secondary contact often involves the loved one of a person who worked in a building with asbestos. Even a small amount of the substance transferred to a family member could be enough to have traumatic health consequences.
There are important deadlines to consider when it comes to these lawsuits. For anyone living with the consequences of mesothelioma, this deadline typically extends from the date the condition is diagnosed.
The statute of limitations works differently in cases where a person passes away due to this condition. When a person files a lawsuit after the deadline expires, the chances are good that the court will dismiss the lawsuit with prejudice. When a court dismisses a case with prejudice, a person cannot file it again—even when the claim for compensation is strong.
Hiring a lawyer is never required in these cases, but their assistance could be the difference between success and failure. These cases are complicated, and attempting to resolve them without legal help is a mistake that may cost a plaintiff dearly.
Attorneys can ensure compliance with all legal deadlines. They can also help with developing evidence and filing a lawsuit. Their help is significant when it comes to negotiating a settlement with the defendant in a mesothelioma lawsuit.
Most of these cases are resolved before trial. However, it is helpful to have an attorney who is unafraid of the prospect of trying these cases in front of a jury. Hiring legal counsel who aggressively prepares for the prospect of a trial often results in a favorable settlement offer.
For many who suffer from mesothelioma, a lawsuit could provide the financial support needed to meet their needs. Success can provide compensation that pays for necessary medical treatment and other damages.
Pursuing legal action alone in these cases can have devastating consequences. Call to discuss a mesothelioma lawsuit with an attorney today.
Fleschner, Stark, Tanoos & Newlin
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