Mesothelioma Lawsuits: Steps and Other Information

Mesothelioma is a life-changing diagnosis. This rare and aggressive form of cancer is caused by long-term exposure to asbestos. Victims and their families may be entitled to significant compensation for what has happened to them. At The Williams Law Firm, P.C., we are going to bring more than two decades of experience with these cases to your side. Our skilled mesothelioma attorneys have recovered millions of dollars in compensation for mesothelioma victims, and we are ready to do the same for you.

Why Do People File Mesothelioma Cases?

Mesothelioma has a long latency period, meaning it can take decades for symptoms to appear. Victims are often not diagnosed until the late stages of the illness. Mesothelioma victims usually suffer from debilitating treatments such as chemotherapy, radiation, and surgery.

They may seek compensation for:

Medical treatment
Pain and suffering
Lost income and benefits
Loss of love and sexual relations with a spouse (loss of consortium)

Family members may seek wrongful death benefits, including the cost of pre-death medical care, funeral and burial expenses, emotional damages, and more.

The Steps To Filing A Mesothelioma Lawsuit

Every case is different, though almost all of them will have the following steps. A skilled New York mesothelioma lawyer will handle each of these steps and keep you updated throughout the process.

They are:

Preparation. Your attorney will gather information about your asbestos exposure and mesothelioma diagnosis. They will decide where your case should be filed.
They will also determine whether your case is appropriate for a bankruptcy trust claim.
Filing. Your attorney will file a written complaint with the court to start your case.
Responses. The defendants named in the lawsuit will receive a copy of the complaint and have a chance to respond.
Discovery. Attorneys from both sides will gather information from one another through depositions, written questions, and documents.
Settlement. The defendant may wish to offer a settlement before the case goes to trial. This could depend on the strength of the evidence your attorney gathered.
Trial. Both parties will present their case in court if a settlement is not reached. This process varies depending on where you file a claim.
Appeal. If you win in a trial, the defendant may file an appeal challenging the ruling.

Steps To Filing A Bankruptcy Trust Claim

When your attorney decides to pursue compensation through an established mesothelioma bankruptcy trust, the process is a bit different. Here, you will be working with a bankruptcy trust administrator, not a judge or jury. Your attorney will obtain all evidence necessary to prove your case and accurately fill out the forms supplied by the bankruptcy trust. The bankruptcy trust administrator will review the forms and documentation submitted and determine the amount owed to the mesothelioma victim. Your attorney will work with the trust administrator to resolve any disputes on the amount offered.

Mesothelioma Class Action Lawsuits

Mesothelioma is an asbestos-related form of cancer that affects 1 in every 100,000 people. While this disease may be relatively rare, it can be highly damaging to victims and their family members who are affected by it.

For a long time – from the 1960s to the 1990s – many victims affected by asbestos would pursue justice by filing class action lawsuits. Class action lawsuits can be an effective way for large groups of people who have suffered a similar injury from the same cause to hold companies liable for negligence. However, in the case of mesothelioma, this form of litigation is not as effective as filing a personal injury claim.

Some of the reasons that mesothelioma class action lawsuits are rarely filed anymore include:

Low Compensation: Class action lawsuits often award less compensation than personal injury claims in cases of mesothelioma or other asbestos-related diseases. Additionally, there is the possibility that the jury could decide in favor of the asbestos company. In these cases, all class members will lose, receiving no compensation for the losses they have suffered.
Loss of Case Uniqueness: As with all personal injury cases, mesothelioma cases are often unique and have various factors that may contribute to how a person was affected by the disease. Because of this, it is not ideal to combine many of these unique cases into a single class action.

Additionally, mesothelioma class action lawsuits often face challenges passing the initial certification stage.

Other Legal Options Beyond Class Action Lawsuits

While there are many cons to filing a class action lawsuit for your mesothelioma claim, there are other legal options available to you that can provide you with the opportunity to pursue the justice you are owed.

Filing a personal injury claim allows victims of mesothelioma and other asbestos-related diseases to work with a trusted attorney who can build a personalized claim for their unique case. When you file a personal injury claim for your mesothelioma case, you may experience the following benefits throughout the legal process:

Timeline: While class action lawsuits can go on for years with no resolution in sight, personal injury claims are often able to be resolved quicker, allowing for victims to reach a settlement and recover any compensation they may be eligible for.
Damages: Filing a personal injury claim after you have been affected by mesothelioma can allow you to recover damages for the losses you have suffered. Whether you are filing for yourself or on behalf of a family member, an experienced mesothelioma lawyer can help you recover compensation.
Justice: When you work with a skilled mesothelioma attorney to file your personal injury claim, they can help you achieve justice and hold the negligent company that exposed you or a loved one to asbestos responsible for their actions.

To learn more about how a mesothelioma attorney can help you get the fair compensation and justice you deserve for your personal injury case, schedule a free consultation today for more information.

How Much Does A Mesothelioma Lawsuit Cost?

At The Williams Law Firm, P.C., we recognize the importance of every mesothelioma victims receiving competent and experienced legal assistance. We also know that most individuals do not have the resources to take on the parties responsible for their asbestos exposure. That is why we take all mesothelioma cases on a contingency fee basis. That means you will face no out-of-pocket costs and pay no legal fees until we recover the compensation you deserve. Fill out our online form a free consultation.