What to Know about Mesothelioma Attorney and Legal Cases Process - Insurance Information

What to Know about Mesothelioma Attorney and Legal Cases Process

Hiring mesothelioma attorney will help you on asbestos litigation. The attorney who focuses on this area specializes in managing mesothelioma related lawsuits, such as personal injury, wrongful death, or claims of trust funds. The best step that patients and families who suffer from this specific type of cancer is appointing experienced law firm regarding asbestos to secure well-deserved compensation. These firms typically focus mainly or even exclusively on cases about asbestos, so you can be rest-assured that they have sufficient knowledge and background in the area.

The Process Of The Mesothelioma Lawsuits

Even though each case of mesothelioma lawsuit is different, majority of them normally last for 12 months or less. Most cases also end up in compensation which typically granted within 90 days since the final resolve, with average amount of payout between $1 million – $2.5 million.

Here are the common steps of mesothelioma legal cases process:

  1. Case Review: It is necessary to get your case reviewed from asbestos litigation-focused law firm prior to filing your claim, in order to assess the eligibility and legal options.
  2. Gather the legal team: If your case is deemed eligible via the review and you have filed the initiatory paperwork, then you’re most likely to meet the legal team within the next several days that includes the mesothelioma attorney, investigator, paralegal, and medical expert. The team work to collect evidence like the history of the patient’s asbestos exposure, the patient’s past work history, and the products that possibly incur the illness. 
  3. File the legal suit: After all the required information has been gathered by your legal team to identify the main defendants, then it is time to file the lawsuit.
  4. Discovery: During the discovery phase, the legal teams of both parties collect documentation and facts to base their claims. In several cases, this step can progress for a several months, as both parties need to dig, collect, and present information.
  5. Mediation: In medication phase, both parties and their law representation perform mediation. If an agreement can be reached, then the case is considered as resolved and settled – usually by providing compensation. Otherwise, the case will proceed to the court trial.
  6. Post-mediation: Most mesothelioma cases resolute in settlement, as trial can be arduous and risky. If you have settled with the proposed amount by the defendant, then your mesothelioma attorney will continuously notify you if there’s any progress regarding the financial compensation.

Further Details on Mesothelioma Legal Cases That You Should Know

If you live in the U.S., then it’s important to recognize that the laws regarding asbestos litigation vary between states. This is why you have to choose a reputable firm and an experienced mesothelioma attorney that can provide extensive resources and perform comprehensive investigation to support your case.

One of the states with highest counts of asbestos-related legal cases is Texas. As the consequence, the legislature and courts in this state have established specific laws in regard to mesothelioma litigation. For those of you who live in this state, it is extremely recommended to work with proficient TX mesothelioma attorney.

Patients who suffer from mesothelioma usually develop the illness due to asbestos exposure when working for several employers. That’s why it is common to have more than one defendant on this specific type of lawsuit. As the plaintiff, you and your legal team has to prove each defendant’s liability to resolve the damages individually.

This normally requires you to exhibit that you or your family member as a mesothelioma sufferer was exposed to asbestos product produced by the defendant through an extensive time period or on regular basis. As an addition, the mesothelioma attorney Dallas or any other area in Texas must be able to present evidence in the form of the accurate amount of asbestos exposure.

Legal case regarding mesothelioma is different from civil lawsuits in average, because its statute of limitations (SOL) doesn’t begin to count when the hazard exposure happens. Rather, because of the very long period of latency between the illness diagnosis and the asbestos exposure, its statute of limitations usually begin when you provide medical report to the defendant stating that you’re suffering from the illness and it is, to certain extent according to medical-based opinion, is caused by asbestos exposure. Alternately, if you hire a mesothelioma attorney to pursue wrongful death claim, the SOL starts on the deceased person’s date of death.

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