Is Filing a Mesothelioma Lawsuit Worth It?
Mesothelioma Claims Can Hold Responsible Parties Accountable
After a mesothelioma diagnosis, most people are focused on their medical care. Treatments for this asbestos-related cancer include chemotherapy, surgery, radiation, immunotherapy, and tumor treating fields (TTFields), along with a host of palliative care options. Modern medical technology gives doctors a wide array of tools to fight mesothelioma, but those treatments come with a cost that’s financial as well as physical. In many cases, a former employer or an asbestos product manufacturer may be liable for the asbestos exposure that caused your cancer.
Mesothelioma is directly linked to asbestos exposure. Asbestos has been a known carcinogen since the 1960s, but companies failed to warn people of the dangers. From the 1930s through the 1970s, asbestos was widely used in construction materials and other products. Illness can take decades to develop, often striking people over 70, robbing them of their retirement and the chance to enjoy the fruits of a lifetime of labor.
Filing a lawsuit for mesothelioma claims is an effective way to hold companies responsible for the harm done through asbestos exposure. It’s also a way to be justly compensated for the expenses incurred during medical treatment, as well as to seek recompense for pain and suffering. At Vogelzang Law, we’re committed to assisting 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 details, or to schedule a free case evaluation.
Who Is Eligible to File Mesothelioma Claims?
It’s important to consult with a qualified attorney to confirm your eligibility to file a claim, but you may be eligible if:
- You’re a mesothelioma patient who can provide a doctor’s diagnosis of the disease.
- You’re the loved one of a person who died as a result of diagnosed mesothelioma.
- You have evidence of exposure, such as being assigned to work on a site that was known to contain asbestos.
- You file the lawsuit within the time limits, also called the statute of limitations.
The three primary types of claims for mesothelioma are personal injury lawsuits, wrongful death lawsuits, and trust fund claims. Class action lawsuits are rarely used for mesothelioma cases, and although multidistrict litigation (MDL) has been used in the past for mesothelioma claims, it’s now seen as being amenable to asbestos companies.
How Much Does Filing a Lawsuit for Mesothelioma Cost?
Reputable mesothelioma attorneys work on what’s called contingency, which means clients only pay if there’s a successful verdict or settlement. You don’t pay any money up front. At Vogelzang Law, we provide free consultations, and we don’t collect any fees until after the settlement.
How Much Compensation Can I Receive?
Many factors can influence the amount of compensation received from a mesothelioma lawsuit. Victims may receive anywhere from a few thousand to millions of dollars. Factors like the person’s age, type of cancer, and number of dependents can affect the amount of compensation received.
This aggressive cancer appears in four forms: pleural, peritoneal, pericardial, and testicular. Most cases are pleural, which affect the outer lining of the lungs. When asbestos fibers are inhaled, they lodge themselves into lung tissue, and this can develop into disease later in life. Treatment for mesothelioma can become very expensive, even for patients who have insurance. Adequate compensation to cover these costs is important not only for the continued delivery of care, but also for peace of mind and your family’s financial health. To date, the largest amount awarded for a mesothelioma case was $250 million through a trial verdict.
After you file a lawsuit, a settlement is often proposed. Settlements are reached as a way to avoid going to trial, or to end a trial that’s already underway, although in some cases settlements can even happen after a trial. Verdicts are the conclusion reached by a judge or jury through the trial process. Awarded dollar amounts are generally higher with a trial verdict, but there’s also a risk that the plaintiff will walk away with nothing if the verdict isn’t in their favor. Other forms of compensation aside from lawsuits may be available as well, which is why it’s critical to work with a qualified mesothelioma lawyer to understand all the options available to you.
Can I File Asbestos Claims After the Death of a Loved One?
Yes, if you meet eligibility guidelines you may be able to file a lawsuit following the death of a loved one due to mesothelioma. You’ll have to produce documentation of a mesothelioma diagnosis and file the lawsuit within the applicable state’s time limits. When you work with Vogelzang Law, we’ll evaluate your specific circumstances and advise you on the best way to move forward.
How Long Is a Mesothelioma Lawsuit?
Time frames 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 usually completed within 9 to 12 months.
Alternatives to Filing a Lawsuit
Lawsuits usually offer the best recourse for obtaining the maximum amount of compensation for a mesothelioma case, but there are other avenues available. In some cases, these can be pursued concurrently with a lawsuit:
- Asbestos Bankruptcy Trust Claim – Many asbestos companies had to file for bankruptcy and went out of business in the wake of the large number of cases filed against them. Trust funds were established to pay out claims.
- VA Claim – Asbestos was used extensively in many military applications. The U.S. Department of Veterans Affairs (VA) administers these claims.
- Workers’ Compensation – A large percentage of asbestos exposure occurred 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 to you.
Contact Vogelzang Law
At Vogelzang Law, we have a solid track record of holding corporations accountable for their negligence. If you or a loved one is suffering with a mesothelioma diagnosis, you deserve to be compensated to the fullest extent possible. Contact us today for more information, or to request a free case evaluation.