Every year, thousands of individuals file mesothelioma claims, highlighting the pervasive impact of this rare and lethal cancer. Often, individuals are unaware of exposure, causing detrimental health effects that result in legal action. As an illness affecting many individuals annually, securing the rightful settlement is imperative.
So, today, we will explore the evolving landscape of mesothelioma claims, focusing on the cause of mesothelioma, the types of claims, and the latest developments for 2024.
What Causes Mesothelioma?
A mesothelioma diagnosis may occur for a variety of reasons that revolve around the length of asbestos exposure, down to lifestyle, age, and diet factors. However, research has found that anyone with long-term exposure to asbestos is at risk, with men 65 and older with a past work background in construction most likely to be affected.
Asbestos is a naturally occurring mineral fiber commonly used in construction and building industries for its fire and heat-resistant properties. While asbestos is a powerful material that's been used for many years, the insidious nature of this mineral lies in its potential to become airborne, posing severe health risks when inhaled or ingested due to its microscopic fibers embedding themselves in bodily tissues. What makes asbestos particularly dangerous is that it lurks in both industrial and commercial settings as well as within one’s home.
While numerous precautions exist to mitigate exposure, including safe handling procedures and proper containment, prolonged exposure to this hazardous substance increases the likelihood of debilitating health conditions like mesothelioma, asbestosis, and lung cancer.
The Evolving Landscape Surrounding Mesothelioma Claims
If you or a loved one have fallen victim to long-term asbestos exposure, you may be entitled to a settlement. Below, we'll explore the essential considerations surrounding mesothelioma claims and what you can expect this year.
When to File a Mesothelioma Claim
If you’ve been a victim of asbestos exposure and are diagnosed with mesothelioma, consult with an attorney immediately. A qualified attorney can help you determine the statutes of limitations (the time you have to file a claim) that may apply to you. It’s crucial to take action immediately, as mesothelioma symptoms may not appear until 10 to 15 years after asbestos exposure. Further, lawsuits require a great deal of time to prepare due to the research and investigation required. The sooner that action is taken, the better the result is for your claim.
Types of Mesothelioma Cases
If you or a loved one is diagnosed with mesothelioma, you may be eligible to file a lawsuit. Here’s a quick breakdown of three types of mesothelioma claims.
Personal injury cases are a result of a personal injury or illness where the injured is seeking compensation for their losses. This may take the shape of medical bills, long-term care, or pain and suffering damages.
If your loved one passes away before a lawsuit is settled or even filed, you may be entitled to receive compensation on their behalf. This case would also become a wrongful death lawsuit.
In many cases, asbestos exposure occurs in large commercial buildings or renter units, enabling multiple tenants to file a class-action lawsuit.
What You Need to Build a Mesothelioma Case
To pursue a mesothelioma claim, it's crucial to provide concrete documentation of asbestos exposure. This entails presenting evidence that clearly establishes your contact with asbestos-containing materials. Additionally, a formal diagnosis of mesothelioma or another asbestos-related illness is required from a healthcare professional. This diagnosis will be determined through various diagnostic tests, serving as a pivotal piece of evidence in your claim.
Moreover, establishing a clear link between your diagnosis and asbestos exposure is paramount. This connection solidifies the basis of your claim, demonstrating how your illness directly resulted from the hazardous exposure to asbestos fibers. Compiling thorough documentation and medical evidence that backs up your exposure history and diagnosis creates a strong mesothelioma claim.
Average Settlement Rates: What to Expect
Mesothelioma settlement amounts can vary widely depending on the severity of the disease, the age of the plaintiff, and other factors. Results of mesothelioma claim results can span from tens of thousands to millions of dollars, contingent upon several factors.
These factors include:
Economic Impact on the Victim: Mesothelioma treatment costs can be substantial. Settlement amounts often reflect the economic burden placed on the victim and their family.
Noneconomic Damages Claimed: Noneconomic damages include compensation for traumatic stress and pain and suffering. The extent of these damages can significantly impact the overall settlement amount.
Age of the Victim: The age at which an individual is diagnosed with mesothelioma plays a pivotal role in determining the settlement. If diagnosis occurs before retirement age, the victim may claim not only lost wages but also ongoing medical expenses, thereby influencing the settlement figure.
Legal Proceedings: Whether the case proceeds to trial or is resolved through an out-of-court settlement can significantly affect the final payout. Generally, settlements reached outside of court may be lower than awards issued by a judge or jury following a trial.
Financial Capacity of the Defendant: The financial standing of the defendant, particularly if they are a sizable corporation with considerable resources, can impact the settlement amount. Corporations with substantial financial backing may be more inclined to offer larger settlements to resolve mesothelioma claims.
Considering these factors, mesothelioma victims and their legal representatives must meticulously assess each case's circumstances to pursue the most favorable compensation outcome.
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Working With an Experienced Legal Representative
Navigating asbestos litigation and mesothelioma claims requires a deep understanding of intricate legal nuances. At Cooney and Conway, our seasoned attorneys possess invaluable expertise in these complex battles. Our team of over two dozen trusted attorneys boasts a wealth of successful litigation experience, specializing in mesothelioma cases.
With an extensive library of legal research at our disposal, we are well-versed in established precedents and anticipate the strategies often employed by asbestos companies. We excel in gathering essential evidence, ranging from comprehensive medical records to witness statements and employment documentation. Moreover, in instances where multiple entities bear responsibility for asbestos exposure, our team is adept at meticulously tracing each potential defendant.
If you or a loved one has received a mesothelioma diagnosis, seeking counsel from a qualified attorney at Cooney and Conway is a great next step. We offer complimentary consultations to individuals in need, providing an opportunity to explore your legal options with our seasoned professionals.
Contact us for a case evaluation, and allow us to advocate for your rights and pursue the justice you deserve.