Asbestos remains one of the leading reasons behind workplace fatalities in the world now. The WHO estimates that 100,000+ workers worldwide die from asbestos exposure at their workplaces annually. In the UK, asbestos’ associated with 5,000+ deaths each year among employees, whereas this dangerous mineral kills 12,000-15,000 Americans. What is asbestos? It’s a heat-resistant, naturally occurring fibrous mineral heavily utilized by the construction industry in the 20th century. Many workers were exposed to asbestos and developed diseases, e.g., mesothelioma, decades after that exposure. But even after a decade, if they want compensation from their former employers, the question arises how to file and win an asbestos lawsuit?
Filing A Mesothelioma Lawsuit Successfully
When you inhale asbestos, its fibers get lodged inside your lung tissues and cause genetic damage to the organs over several decades. This exposure gives rise to different illnesses, including cancer and mesothelioma. As the name shows, “mesothelioma” occurs in the mesothelial tissues that surround your chest organs. In the United States, some 3,000 people are diagnosed with this unique disease every year. It heavily reduces life expectancy, and patients seek justice against their employers. We shall explain how to bring a mesothelioma lawsuit successfully against your current/former employer to claim your rights. The below-mentioned process allows victims to get justice for their every suffering:
1. Get a lawyer:
The primary method involves employing the services of a person who specializes in asbestos-related lawsuits. So, we suggest contacting a mesothelioma lawyer with relevant expertise to fight this case on your behalf. This attorney can leverage their asbestos litigation experience to claim your rights by holding your employer responsible for their criminal negligence. You can have attorneys review your case for free to discuss your legal options. Interview many lawyers before hiring one of them.
2. The defendant response:
Statistics indicate that more than 2,000 mesothelioma lawsuits were filed merely in 2018. When the court precedes the lawsuit, defendants may accept/refuse the request for compensation filed by the claimant. They are given a month to respond to this request and resolve the lawsuit. Suppose they refuse to approve and surrender, the claimant and the defendant prepare for the trial. Both teams start gathering evidence to strengthen their cases, and a legal battle ensues in the end.
3. Prepare your case:
The defendant rarely admits they were somehow responsible for your condition. They shall attempt to weaken your claims, and your lawyers/attorneys respond to their accusations by finding evidence in your favor. Both teams participate in depositions (even videotaped) and produce documents. The claimant may often feel uncomfortable answering difficult questions and require the attorney’s guidance to endure harsh queries. Your lawyers will unearth the following evidence in your favor:
- Medical records
- Statements by witnesses
- Your work/employment history
- Asbestos-containing products you used
4. Determine recovery options:
Now, what are some recovery options for claimants to receive compensation? Your lawyer/attorney may investigate some potential methods to help you secure some funds. For instance, you can claim compensation from asbestos trust funds or receive monetary benefits from veterans’ claims. These trust funds ensure that product-manufacturing companies don’t file bankruptcy to escape their legal obligations of paying exposed employees. Some of these methods are quicker than other methods.
5. File the lawsuit:
After investigating your options, your lawyer/attorney shall bring a lawsuit on your behalf. They will file a complaint formally on your behalf and provide detailed legal causes of action against a current or former employer. You can choose to contact your colleagues too and other employees who didn’t necessarily work with you to name every employer responsible for asbestos-related negligence. This lawsuit’s more bound to succeed in claiming justice for everyone and getting a verdict in your favor.
6. Receive settlement offers:
Before the trial begins, claimants receive offers from defendants for settlement. Before accepting/rejecting these offers, you should always consult with your mesothelioma lawyer/attorney. The expert can also negotiate with the defendant on your behalf. Many patients receive an offer and avoid trial because it’s a lengthy procedure. Even if the verdict arrives in your favor, there’s a chance that the defendant will appeal. So, consider your response smartly about the settlement.
7. Face the appeal:
Mesothelioma lawsuits rarely go to trial because claimants readily accept settlement offers. However, the defendant won’t stay quiet if the verdict arrives against them. They shall appeal this verdict and attempt to reduce/overturn the settlement. These appeals prolong the process and are a ploy used by the defendant to force the claimant to accept a lower settlement. Similarly, your lawyers can appeal against a verdict that isn’t in your favor. That’s how you get the compensation you deserve.
Conclusion
We don’t know exactly how many people die from mesothelioma worldwide. Still, statistics demonstrated these numbers exist around 38,000 annually on average. Experts consider pleural mesothelioma the most common form of this cancer. At the same time, patients are diagnosed with this ailment in their 60s and 70s. An employee diagnosed with mesothelioma can bring a lawsuit against their current/former employer for claiming justice. We propose getting yourself a mesothelioma lawyer/attorney who can prepare for you a proper lawsuit. You can file the lawsuit and consider accepting the defendant’s settlement offers. If the verdict comes in your favor, you shall receive the compensation you deserve for your troubles.
