Being exposed to asbestos and developing a life-altering illness like mesothelioma is, without a doubt, a challenging situation. If you or a loved one has been diagnosed with mesothelioma, you have the legal right to file a claim and seek compensation.
Working with an experienced attorney is arguably the only way to strengthen your case and protect your rights.
That said, what exactly does a mesothelioma attorney do for your case? Let’s take a closer look.
Determining What Claim They Can File
Let’s say you developed mesothelioma after working in the ship-building industry (one of the primary sources of asbestos exposure). Do you sue the employer or the company that provided building materials polluted with asbestos fibers? Mesothelioma attorneys will help you determine that.
They will assess which company, or companies, you have grounds to sue. This could include companies responsible for manufacturing, distributing, or using asbestos-containing products that may have caused harm to you or your loved one.
Calculating Financial Compensation
Next, a mesothelioma lawyer would assess the details of your case (length of illness or severity) to estimate the financial compensation you are most likely to recover.
This will include compensation for:
- Medical bills and treatments, such as surgery, chemotherapy, or other tests.
- Out-of-pocket costs, such as medical devices or supplies
- Loss of income
- Reduced earning potential
- Pain and emotional suffering
- Funeral costs (if you’re filing a wrongful death claim)
Remember that you only get one chance to assert your legal rights, so this is important.
Compliance with Statute of Limitations and Other Laws
Once a mesothelioma lawyer has assessed your case, they will provide comprehensive legal support. The first thing is making sure your case is filed before the statute of limitations expires.
The typical mesothelioma lawsuit statute of limitations for personal injury claims is 1 to 3 years from the date of diagnosis. This timeline varies by state and can go as high as 6 years.
Our point? Working with a reputable law firm like ELSM Law is incredibly important. They will make sure your claim is filed efficiently in the proper jurisdiction to preserve your rights.
Negotiation for Fair Settlement
More than half of mesothelioma lawsuits settle out of court, and experienced attorneys make it happen. They calculate your present and future losses and negotiate for a favorable mesothelioma settlement on your behalf. A strong understanding of asbestos exposure is required.
They will help you decide when or if to accept a settlement offer.
Representation in Court
If the defendant or the responsible company refuses to offer a fair settlement offer, a mesothelioma attorney will take your case to court. They have extensive asbestos litigation experience, allowing them to defend your case as it goes through trial.
Moreover, attorneys will ensure no detail is overlooked. This can include leveraging witness statements and expert testimonies to support your case.
Emotional Support
Facing a mesothelioma diagnosis is notoriously overwhelming. An experienced mesothelioma attorney would guide you throughout the process, providing emotional support. This helps victims and families cope with ongoing physical and mental stressors.