Mesothelioma and your Legal Options
Mesothelioma is a very serious type of cancer that is caused by exposure to asbestos over time. This cancer has a high mortality rate, since it develops slowly over the course of years or even decades. Unfortunately for people who have developed mesothelioma, it is usually not caught until it is too late. For more information about asbestos and mesothelioma please see “Asbestos Overview” and “Mesothelioma Overview.”
To make matters worse, in the vast majority of cases, the patient’s exposure to asbestos only occurred due to the negligence of the companies using this product. Although they likely knew about asbestos’ danger since the 1930s or even before, asbestos was continually used until as late as the 1980s and the dangers were hid from employees.
If this has happened to you, it is important to talk to a mesothelioma attorney today to learn about your legal options.
The first step to finding the best legal options is to find a great lawyer. Look for a lawyer that has experience with asbestos cases. You should also work with an attorney with whom you feel comfortable, as you’ll be working on your asbestos case for month or even years.
When it comes to your options, there are two main choices you have. First, you can file an individual lawsuit. This is often your best option. You’ll start with filing the paperwork and helping your lawyer understand your case. The company you’re suing has a chance to reply, and you’ll begin the discovery process so that both sides can investigate your case. You and your lawyer will then decide if you want to go with a trial by judge or a trial by jury.
If you decide to work only by judge, you’ll often find that the trail itself goes much more quickly. You and the company you’re suing will both have a chance to present your cases, including opening and closing statements and presentation of fats. During this time, you can expect that a lot of personal information about yourself will be revealed, so having a thick skin is important. At the end, the judge will deliberate, make a decision in favor of either you or the company, and, if you win, decide how much money the company has to pay to you.
A trial by jury is similar. However, with this option, the main difference is that the judge does not make the decision. Instead, a group of your peers – people who are not involved with the case – make the decision about the case. This is often a better choice for you because mesothelioma is a human-interest type of case. However, if you choose a trial by jury, you have to pay the fees involved with the jury.
Sometimes, an individual lawsuit is not your best choice. Another legal option you have is a class action lawsuit. With a class action lawsuit, you are grouped together with a number of other people who are also experiencing mesothelioma problems due to their exposure with the same company. There are both advantages and disadvantages to class action lawsuits.
The main reason you should try a class action lawsuit is that it is easier to win. When there are dozens or even hundreds of people all having the same problem, the evidence mounts extremely quickly. The judge or jury is more likely to rule in your favor. At the same time, the downside is that you have to share the winnings with everyone else also involved in the class action lawsuit. The judge decides who gets what. You might win a lesser amount if you go with a class action lawsuit.
Another legal options you have is to settle with the company outside of the court. This is the best option, as you’ll be able to avoid the trial, and most cases are settled outside of the court. Work with your lawyer to decide what terms of a settlement you’d like to get. The settlement you’ll first be offered is not going to be the best choice, but by finding a great lawyer, you can ensure that you get the money you deserve, whether you settle in court or out of court.
The bottom line is that you have options. Talk to a lawyer right away to learn about the choices you have. This is important so that you get the money you need to pay for medical expenses, lost salary, travel to hospitals, and more. Keep in mind that if you are a family member of someone who has passed away due to mesothelioma, you can file a wrongful death lawsuit rather than a personal injury lawsuit. This is important so that you are about to pay for funeral expenses and other expenses not covered by life insurance. Even if you do not particularly need the money, filing suit (or at least learning about your legal options) is a great way to help bring light to this problem.
Sources:
http://www.lawcore.com/mesothelioma-and-asbestos/mesothelioma-asbestos-legal-options.html
http://www.mesrianilaw.com/Class_Action_Lawsuit.html
