Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart. The primary cause of mesothelioma is exposure to asbestos, a naturally occurring mineral that was widely used in construction and manufacturing industries until the late 1970s. Asbestos exposure can occur in the workplace or through secondhand exposure, and those who have been diagnosed with mesothelioma as a result of asbestos exposure may have legal options for seeking compensation.
The legal options available to mesothelioma patients and their families will depend on a variety of factors, including the specifics of their asbestos exposure, the location and stage of their cancer, and the laws of the state where they live. However, some common legal options for mesothelioma claims include:
Filing a personal injury lawsuit: If a person has been diagnosed with mesothelioma as a result of asbestos exposure, they may be able to file a personal injury lawsuit against the parties responsible for their exposure. This may include the manufacturers of asbestos-containing products, employers who failed to provide adequate safety equipment or training, or landlords who failed to warn tenants of asbestos hazards.
In a personal injury lawsuit, the plaintiff (the person with mesothelioma) will need to prove that the defendant (the party being sued) was responsible for their exposure to asbestos and that this exposure was a direct cause of their mesothelioma. If successful, the plaintiff may be awarded compensation for medical expenses, lost wages, pain and suffering, and other damages.
Filing a wrongful death lawsuit: If a person has died as a result of mesothelioma, their surviving family members may be able to file a wrongful death lawsuit against the parties responsible for their loved one’s asbestos exposure. This may include the same parties as in a personal injury lawsuit.
In a wrongful death lawsuit, the plaintiff will need to prove that the defendant’s negligence or wrongdoing caused their loved one’s mesothelioma and subsequent death. If successful, the plaintiff may be awarded compensation for medical expenses, funeral expenses, lost income, and other damages.
Filing a bankruptcy trust claim: Many companies that manufactured or used asbestos-containing products have filed for bankruptcy due to the large number of mesothelioma claims against them. As part of the bankruptcy process, these companies may be required to establish a trust fund to compensate mesothelioma victims.
If a person has been diagnosed with mesothelioma as a result of asbestos exposure linked to a bankrupt company, they may be able to file a claim with the company’s trust fund. The amount of compensation available will depend on the individual trust’s policies and the severity of the person’s mesothelioma.
Filing a workers’ compensation claim: If a person was exposed to asbestos in the workplace and subsequently developed mesothelioma, they may be able to file a workers’ compensation claim with their employer. Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill on the job.
In a workers’ compensation claim, the employee does not need to prove that their employer was responsible for their asbestos exposure or that their exposure caused their mesothelioma. However, the compensation available through workers’ compensation may be more limited than what is available through a personal injury lawsuit or bankruptcy trust claim.
Participating in a class action lawsuit: In some cases, multiple individuals who have been diagnosed with mesothelioma as a result of asbestos exposure from the same source may choose to join together in a class action lawsuit. In a class action lawsuit, one or more plaintiffs represent the entire group of plaintiffs in seeking compensation from the defendant.
Class action lawsuits can be more efficient than individual lawsuits, as they allow multiple plaintiffs to share the costs of litigation and may result in a larger settlement or judgment. However, the compensation awarded in a class action lawsuit will be divided among all members of the class, and individual plaintiffs may have less control over the outcome of the case.
It’s important to note that the legal options for mesothelioma claims can be complex, and the best course of action will depend on the specific circumstances of each case. It’s recommended that mesothelioma patients and their families consult with an experienced mesothelioma attorney to determine the legal options available to them and to get help navigating the legal process.
