Mesothelioma Lawsuits Can Hold Sufferers Accountable
After a mesothelioma diagnosis, most people focus on their medical care. Treatments for this asbestos-related cancer include chemotherapy, surgery, radiation, immunotherapy and tumor treatment fields (TTFields), along with a range of palliative care options. Modern medical technology offers physicians a wide range of tools to combat mesothelioma, but those treatments come at a financial and physical cost. In many cases, a former employer or manufacturer of asbestos products may be responsible for the asbestos exposure that caused your cancer.
Mesothelioma is directly related to asbestos exposure. Asbestos has been a known carcinogen since the 1960s, but companies failed to warn the public of its dangers. From the 1930s through the 1970s, asbestos was widely used in building materials and other products. The disease can take decades to develop and usually affects people over the age of 70, depriving them of their retirement and the opportunity to enjoy the fruits of a lifetime of work.
Filing a mesothelioma lawsuit is an effective way to hold companies accountable for damages caused by asbestos exposure. It is also a way to be fairly compensated for expenses incurred during medical treatment and to seek compensation for pain and suffering.
At Vogelzang Law, we are committed to helping people affected by asbestos exposure. Our firm has helped more than 250 clients with their mesothelioma claims, and we have in-depth knowledge of the laws, regulations, and processes involved in filing a mesothelioma lawsuit. Contact us today for more details or to schedule a free case evaluation.
Who Can File a Mesothelioma Claim?
It is important to consult with a qualified attorney to confirm your eligibility to file a claim, but you may be eligible if:
- You are a mesothelioma patient who can provide a medical diagnosis of the disease.
- You are the loved one of a person who died as a result of diagnosed mesothelioma.
- You have evidence of exposure, such as having worked at a place where asbestos was known to be present.
You file the lawsuit within the established time limits, also called statutes of limitations.
The three main types of mesothelioma lawsuits are personal injury lawsuits, wrongful death lawsuits and trust fund lawsuits. Class actions are rarely used for mesothelioma cases, and although multidistrict litigation (MDL) has been used in the past for mesothelioma claims, it is now considered to be favorable to asbestos companies.
How Much Does it Cost to File a Mesothelioma Lawsuit?
Reputable mesothelioma attorneys work on contingency, which means clients only pay if there is a successful verdict or settlement. You pay nothing up front. At Vogelzang Law, we offer free consultations and do not charge fees until after settlement.
How Much Compensation Can I Receive?
Many factors can influence the amount of compensation received from a mesothelioma lawsuit. Victims can receive anywhere from a few thousand to millions of dollars. Factors such as the age of the individual, the type of cancer and the number of dependents can influence the amount of compensation received.
This aggressive cancer appears in four forms: pleural, peritoneal, pericardial, and testicular. Most cases are pleural, affecting the outer lining of the lungs. When asbestos fibers are inhaled, they become lodged in the lung tissue, which can further develop the disease. Mesothelioma treatment can become very expensive, even for patients who have insurance. Adequate compensation to cover these costs is important for continuity of care and for your family’s peace of mind and financial health. The largest amount awarded for a mesothelioma case was $250 million by verdict at trial.
After a lawsuit is filed, a settlement is often proposed. Settlements are reached to avoid going to trial or end a lawsuit already in progress, although in some cases, settlements can occur even after a trial. Verdicts are the conclusions a judge or jury reaches during the judicial process. The amounts awarded are usually higher in the event of a verdict, but there is also a risk that the plaintiff will be left with nothing if the verdict is not in his or her favor. There may also be other forms of compensation besides lawsuits, so it is critical to work with a qualified mesothelioma attorney to understand all of the options available to you.
Can I File an Asbestos Lawsuit After the Death of a Loved One?
Yes, if you qualify, you can file a lawsuit following the death of a loved one from mesothelioma. You will need to provide documentation of a mesothelioma diagnosis and file the claim within the applicable state deadlines. When you work with Vogelzang Law, we will evaluate your specific circumstances and advise you on the best way to move forward.
How Long Will a Mesothelioma Lawsuit Take?
Timelines can vary greatly with any lawsuit, but mesothelioma cases can be expedited due to the aggressive nature of the disease. At Vogelzang Law, our cases are generally completed within 9 to 12 months.
Alternatives to Filing a Lawsuit
Lawsuits are often the best recourse for obtaining maximum compensation in a mesothelioma case, but other avenues exist. In some cases, these can be pursued at the same time as a lawsuit:
Asbestos Bankruptcy Trust Claim—Many asbestos companies were forced into bankruptcy due to the numerous cases filed against them. Trust funds were created to pay the claims.
VA Claim – Asbestos was widely used in many military applications. The U.S. Department of Veterans Affairs (VA) administers these claims.
Workers’ compensation—A large percentage of asbestos exposure occurs on the job, and workers’ compensation may cover the costs of these mesothelioma cases.
A mesothelioma lawyer can help you understand all the options available.
At Vogelzang Law, we have a strong track record of holding companies accountable for their negligence. If you or a loved one is suffering from a mesothelioma diagnosis, you deserve to be compensated to the fullest extent possible. Contact us today for more information or to request a free evaluation of your case.
