Getting Answers Before Initiating a Mesothelioma Lawsuit
For anyone who has received a diagnosis of mesothelioma, a lawsuit is a viable possibility for recovering some of the monetary damages that will be quickly incurred through medical treatment and care.
Top Q and A’s about Mesothelioma Lawsuits
Who exactly is eligible for filing a mesothelioma lawsuit?
Anyone who has been diagnosed with a condition that is known to be connected directly with exposure to asbestos—and who has knowingly experienced such exposure at some point in his life—can file a claim against the party or parties responsible.
Conditions that are directly connected with exposure to asbestos include asbestosis, mesothelioma and other types of cancer.
What if I don’t know or can’t remember the exact time or other specific details of my exposure?
The good news is that you won’t be required to be your own PI in tracking down the exact details of where, when and how you were exposed to asbestos. Your attorney should be experienced in cases involving asbestos injuries and will be able to do most all of the detective work for you.
You should, however, be able to provide the law office of your choosing with medical records confirming your diagnosis, as well as general information about your work history or other applicable life facts.
Can I still file a mesothelioma lawsuit if I have already filed for workers’ compensation or disability benefits through the government?
Certain government agencies, like the U.S. Department of Veteran Affairs (VA) and the Social Security Administration, may provide monthly disability benefits to victims of mesothelioma if certain required conditions are met. For instance, only victims of army, air force or navy mesothelioma, etc. are eligible for benefits through the VA.
Those who were victims of occupational exposure—meaning that they were exposed to asbestos while on the job—are eligible to file a workers’ compensation claim.
None of these possible co-occurring claims will have any bearing on any claimant’s right to file a mesothelioma lawsuit, through the U.S. court system, against the company or companies that negligently caused his or her asbestos exposure.
Do I have to hire an attorney to file my asbestos suit?
While there may be some areas of that the law that make it possible (though not often recommended) to go pro se—or represented by oneself and not by any professional counsel—asbestos injury litigation is not one of them.
Being able to successfully craft a solid and comprehensive case on behalf of a plaintiff requires extensive and highly specialized knowledge about the medical science behind asbestos-related illnesses, as well as the detailed and tort-specific laws and regulations that affect associated claims. For this reason, even a typical personal injury attorney that does not have experience in asbestos-specific litigation is an ill-advised choice for claimants who are serious about securing a substantial settlement or trial award.
For the filing of any asbestos-injury claim, a quality trial attorney is a must.