In medical jargon, kind of carcinoma caused by heavy exposure to asbestos is called mesothelioma. In such cases, most victims are entitled to legal rights of filing a lawsuit against the party allegedly liable for causing such exposure resulting into the disease.
People diagnosed with mesothelioma due to exposure to asbestos or who have lost their spouse for the same reason, have a high chance of recovering money damages from the company that either manufactured or installed the asbestos, from an insurer and mesothelioma patients’ (victims in such cases) trust funds that has accepted liability for the company.
It applies even if the original asbestos manufacturer or installer has gone bankrupt or winded up their business due to the establishment of asbestos victims’ trust funds.
What Time Do I Have to Make a Claim?
Mesothelioma usually manifests symptoms after 10-40 years of asbestos exposure. Under the state’s statutes of limitations and depending on the state, the victims have 1-5 years to file a lawsuit from the diagnosis of mesothelioma. But prompt action is required and recommended as in some states, you just have one year to sue the liable party.
If a person with mesothelioma has already expired, the spouse and other successors are obliged to file a lawsuit within 1-3 years from the date of the victim’s death. If won, the immediate heirs can recover a substantial amount of monetary damages.
Mesothelioma victims have no rights to take part in class action lawsuits or file lawsuits because prognosis and medical history are not same for all the mesothelioma victims.
How Long Does It Take for a Mesothelioma Case?
Most mesothelioma cases are settled even before they reach to a jury. In other words, most cases are settled outside the court. If you have all the evidences supporting your employment history, diagnosis and medical condition, your attorney will explore his or her skill and experience to identify a payment source (for example, a mesothelioma patient’s trust fund or an insurer), to help you recover your money in less than one year from the date of filing a lawsuit.
In other cases, the volume of monetary damages is subject to trial or at least, threatening the liable party of a legal action against it. But it can take a couple of years or even more for everything to be resolved.In many states, the court rules assume that asbestos or mesothelioma victims have a poor prognosis and therefore, fast track the lawsuits filed by them.
How Can I Find a Good Mesothelioma Attorney?
There are several sources to explore in your search for a skillful mesothelioma lawyer. The Buffalo mesothelioma attorneys in Buffalo, NY have experience in this particular niche. Or, you can resort to asking your relatives, friends and other acquaintances for their recommendations. Conducting an online search is a good way to research about the details of attorneys and choose the best mesothelioma lawyer to handle your case.
Though there is an urgency to file a lawsuit for recovering damages, it makes no sense to work with any lawyer even if the person has little reputation, inadequate experience and no good track record. The outcome of your case is subject to merits in your case, your lawyer’s incisive analysis and argument before the jury and skill of negotiation with the attorney representing the liable party.