Mesothelioma is an aggressive cancer that arises as a result of long-term asbestos exposure. Individuals diagnosed with mesothelioma are often those who have worked in industries where asbestos was widely employed, such as construction, shipbuilding, and manufacturing.

Due to its long latency period, which can span between 20 to 50 years, affected individuals may only experience symptoms of this cancer several decades after their initial exposure to asbestos. Since there is no cure for mesothelioma, patients will usually undergo a combination of treatments consisting of surgery, chemotherapy, or radiation. This not only imposes a significant financial burden on individuals due to ongoing medical costs and potential care but can also take an emotional and physical toll on them and their loved ones. 

As a result, those diagnosed with mesothelioma may be eligible for compensation from third parties, such as manufacturers or employers, who negligently exposed them to asbestos. In this post, we will look at the numerous legal options available to plaintiffs in mesothelioma situations.

Types of Legal Claims

There are several types of claims available for mesothelioma patients. The course of action an individual decides to take will depend on their circumstances and their desired outcome. These include the following:

• Personal injury lawsuit: An individual could file a mesothelioma lawsuit under personal injury laws against the third party or defendant responsible for their illness. To succeed in their claim, the plaintiff must prove negligence on the defendant’s part and establish a causal relationship between their actions or omissions and the asbestos exposure that resulted in their diagnosis. Damages awarded in these cases may include compensation for pain and suffering, past, current, and future medical bills, and lost wages.
• Out-of-court settlement: In many cases, a defendant may accept liability and agree to compensate a plaintiff in a mesothelioma case. This approach avoids the need for litigation, which can be a lengthy and costly process. An out-of-court settlement will also draw less attention to the defendant, reducing the risk of reputational damage. While the plaintiff will receive compensation through this route, it is often less than the amount that could be awarded if their case went to court.
• Trust funds: A claimant may also be entitled to compensation through a mesothelioma trust fund. These funds were established by asbestos companies that went bankrupt in order to compensate individuals who developed mesothelioma due to asbestos exposure. As a result, affected individuals and their families can still receive the financial support they need to cover medical bills, lost wages, and other expenses related to their illness.
• Wrongful death claims: In the event of their death, the surviving family members of Individuals diagnosed with mesothelioma may be able to file a wrongful death lawsuit against those responsible. If successful, they may receive compensation for matters such as funeral costs, medical expenses, loss of consortium and pain and suffering.

An experienced mesothelioma lawyer can help individuals decide which course of action to pursue in order to receive the compensation they deserve following a mesothelioma diagnosis. 

Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”

Published by: Martin De Juan