Mesothelioma Lawsuits-How to choose the best type

Mesothelioma lawsuits can result in multimillion dollars settlements and most of this lawsuits are against the asbestos related industries.

The lawsuits are sometimes initiated by the surviving family members of the deceased mesothelioma victim and in cases where the mesothelioma victim is the main bread winner,the mesothelioma suit is of greater importance.

To file a mesothelioma lawsuit successfully, you have to be aware of the different available mesothelioma lawsuits and then you choose the best type for you.

Mesothelioma lawsuits can be of two types. The first is when the

person afflicted with Mesothelioma is still alive and files the lawsuit as a plaintiff

in one’s own individual capacity. In the second type, the Mesothelioma patient

has died and the plaintiff is the spouse, a relative or representative of the

deceased victim’s estate.

The process involved in filing a Mesothelioma lawsuit can be a long drawn one.

Anyone who has recently been diagnosed with an asbestos related lung cancer

is eligible for filing a Mesothelioma lawsuit. This earns you the right of recovery

against the company involved to compensate for the treatment costs and the

pain and hardships endured.

Following a diagnosis of Mesothelioma, your case needs to be filed within the

statute of limitations. This refers to the time duration during which a lawsuit has

to be filed after a claim arises. When it’s a personal injury lawsuit, the statute of

limitations to file a Mesothelioma lawsuit can be one or two years following the

date of diagnosis of Mesothelioma.

The most important aspect of personal injury lawsuits is time. Usually it begins

with an attorney’s visit to collect information required to file the lawsuit and

answer interrogatories which may require a couple of sessions. Then based

on the local procedures, there could mostly be one or two depositions for

Mesothelioma cases. On completion of the depositions, the rest is handled by the

attorney right upto the time for going to trial.

In the event of the Mesothelioma patient passing away in midst of the

proceedings of a personal injury lawsuit, the Mesothelioma case turns into a

wrongful death lawsuit in continuation. The difference is that at the conclusion of

the Mesothelioma case settlement, the compensation is made to the relatives or

family members of the deceased. The statute of limitations remains one or two

years for filing a wrongful death lawsuit, starting from the date of the patient’s

death from Mesothelioma.

When it’s a wrongful death lawsuit, the court appoints an individual, who may

either be a spouse or a family member of the deceased, to be the plaintiff with

the injuries being claimed including the loss of life itself. The actual plaintiff

provides the interrogatory answers and signature with or without a deposition by

the same person. In some cases co-workers may be required to give depositions

as well. Similar to that of the living case, this is when the lawyer takes charge

and handles preparation of the Mesothelioma case for the trail.

As in the case of cancer where early diagnosis can be crucial, Mesothelioma

case proceedings need to be activated at the earliest. Witnesses and

documentation are essential for a Mesothelioma lawsuit. The more the

Mesothelioma case is delayed the less the chances of accurate recording of the

key details.


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