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  • Writer's pictureRobert Schuerger II

How Do You Prove Mesothelioma? | The Best Chance for Asbestos Litigation

There are many environments and chemicals that people are exposed to at home or at work that can cause serious illnesses in the future.

Sometimes it can take years for the disease to develop and be diagnosed. This makes proving liability a difficult task because personal injury lawsuits will require tracing the history of the victim back many years.

However, in Tennessee, victims are entitled to receive financial compensation for being exposed to asbestos or other harmful materials. As long as the statute of limitations for those particular personal injury claims has not yet passed, a good law firm can fight for the rights of the victim.

That is the case with personal injury and wrongful death claims involving asbestos exposure. Schuerger Shunnarah Trial Attorneys has been helping victims with mesothelioma diagnoses fight for compensation against the asbestos companies responsible.

With a qualified Nashville asbestos attorney on their side, victims can finally get the justice they deserve. A team of the best mesothelioma lawyers in Nashville, TN, can be reached for a free consultation.

Why Are Asbestos Claims Filed?

Why Are Asbestos Claims Filed?

Research has now provided irrefutable evidence that asbestos exposure is very dangerous to the health of workers or people living close to the material.

An asbestos-related illness, such as lung cancer, asbestosis, or mesothelioma can cause a significant amount of suffering to the victim. In extreme cases of being exposed to asbestos for a long time, death is a real and common possibility.

The disheartening thing about these diseases is that for decades, asbestos companies were fully aware that asbestos products were very dangerous to the health of humans. However, they chose to continue making a profit rather than do the right thing in the interest of public safety.

As such, millions of people around the world are now suffering as a result of asbestos exposure. History cannot be changed, and for many of these victims, there is no cure for the illnesses they have developed.

The only path to justice is through filing a mesothelioma lawsuit against the asbestos company responsible. Even if the victim has sadly passed away, the remaining family members can still file a wrongful death lawsuit and receive compensation from the liable party.

Types of Mesothelioma Lawsuits After Asbestos Exposure

Mesothelioma and other asbestos-related illnesses are very serious, which is why the state of Tennessee provides many avenues for victims to use when seeking compensation. The following are some of the common types of mesothelioma claims that can be filed after being exposed to asbestos:

Personal Injury Claim

Most mesothelioma lawsuits take the form of personal injury claims and can be handled by a qualified mesothelioma lawyer. In such cases, the victims will need to prove a direct relationship between being diagnosed with mesothelioma and their asbestos exposure.

In personal injury cases such as this, the jury will award compensation for a wide range of damages, such as medical expenses, lost wages, loss of consortium, as well as pain and suffering. If the companies at fault are found to have been exceedingly negligent and dishonest, punitive damages can also be awarded.

Most mesothelioma lawsuits are settled out of court. This means the victim's lawyer can negotiate a good settlement for their client without the need to go through a prolonged mesothelioma lawsuit.

If many victims were exposed to asbestos while working for the same company, they could come together and file a class action lawsuit against the same defendant. Such lawsuits were common when the dangers of asbestos exposure were first known.

Wrongful Death Claim

While it can take decades for mesothelioma symptoms to appear, once it has been diagnosed, there is no known cure for the disease. As such, death from mesothelioma is very common. However, the victim's right to compensation does not end when they die.

The loved ones they left behind can still fight for compensation through wrongful death lawsuits. Damages awarded in wrongful death claims include funeral costs, loss of companionship, and various cancer treatment costs.

Asbestos Trust Funds

Due to the large number of mesothelioma lawsuits that have been launched, many asbestos companies have had to file for bankruptcy. However, the victims of bankrupt asbestos companies still deserve to be compensated for their suffering.

As such, many companies have set up asbestos bankruptcy trusts to set aside funds for victims of asbestos-related diseases. These victims can file a mesothelioma lawsuit against the asbestos bankruptcy trust fund and receive compensation that way.

There are over 60 different types of asbestos trust funds, with more than $30 billion set aside to settle these lawsuits. A trust fund claim can take just a few weeks or months to be settled.

Other Mesothelioma Lawsuit Options

Besides the common methods mentioned above, many other types of asbestos claims can be launched depending on the individual case. The Department of Veterans Affairs, for example, can provide compensation to veterans who were exposed to asbestos while serving in the military.

Victims can also file product liability claims against companies that manufacture or distribute the materials that caused the exposure. In this case, victims must prove that the product was defective and posed a high risk to their health due to the presence of asbestos.

How to File a Mesothelioma/Asbestos Claim and Prove It

How do you prove mesothelioma? Well, the legal process for receiving mesothelioma compensation is more or less the same for most asbestos victims. A big part of the claim filing process is being able to prove that the victim's mesothelioma or other related disease was caused by exposure to asbestos fibers and that the defendant's negligence caused this exposure.

With so many mesothelioma cases having already been settled in Tennessee, victims only need to find an experienced attorney to handle their asbestos claim. They will have to gather all the documentation required for a mesothelioma claim and be ready to share financial statements, medical records, and other evidence required to prove liability.

The following are four steps all mesothelioma victims will likely take:

Understanding Eligibility Requirements

Not all victims of lung cancer or mesothelioma develop the disease due to asbestos exposure. As such, the first thing an experienced attorney will do is determine claim eligibility. This is why it is important to work with an attorney who is experienced in handling a mesothelioma claim. The three main requirements for a claim to be eligible are:

  • Proof of exposure

  • An asbestos-related diagnosis, such as mesothelioma

  • Filing a mesothelioma claim within the statute of limitations

With regards to the statute of limitations in asbestos claims, victims should know that they have about two to three years to file a mesothelioma claim depending on the state and the type of lawsuit.

However, it often takes many decades for the symptoms of the disease to appear and be diagnosed. As such, the clock for the statute of limitations only starts running from the day the mesothelioma diagnosis is confirmed.

Gathering Documentation

While mesothelioma claims can be straightforward when handled by a qualified attorney, they often require a lot of documents to be gathered. This is even more so when filing a mesothelioma wrongful death suit. The following are some of the documents needed in mesothelioma claims:

  • Documents that prove financial hardship

  • The victim's work history at an asbestos company

  • Proof of asbestos exposure

  • Medical records that prove the asbestos-related diagnosis

  • Testimony stating the cause of exposure and related diagnosis

  • Death certificate

Filing a Mesothelioma Claim

If the lawyer determines that the victim is eligible for a mesothelioma lawsuit, they will file a claim on their behalf. The lawsuits are filed based on the following facts of each individual case:

  • Previous place of residence or employment

  • Location of asbestos exposure

  • Location of the asbestos company

Claim Review, Negotiation, and Compensation Award

Once the mesothelioma claim has been filed, it will undergo a review process. While the lawsuit can go to trial, many mesothelioma lawyers end up negotiating a settlement out of court. Schuerger Shunnarah Trial Attorneys can answer questions such as What is the average mesothelioma payout? This is the common route when filing an asbestos trust fund claim.

The amount of money mesothelioma patients will receive depends on the factors of each case, such as the severity of the illness and the medical costs. In most cases, trial verdicts result in higher payouts than what is awarded by trust fund claims. This is why many defendants would rather settle out of court than go through a mesothelioma case.

How Can an Experienced Mesothelioma Attorney Help?

If victims want a good chance of receiving compensation from the company responsible for exposing them to asbestos-containing products, they will need a good lawyer to take legal action on their behalf. Mesothelioma attorneys know the ins and outs of Tennessee law and can guide their clients into making smart decisions that will guarantee they receive compensation for their suffering. They can also help with other areas like What happens if you hit a pedestrian jaywalking in Tennessee?

Victims of Asbestos-Related Disease Can Sue Asbestos Companies

Being diagnosed with malignant mesothelioma can be the start of a lot of suffering and financial difficulties for a mesothelioma patient. It is only right that the company responsible be held liable and be forced to cover medical expenses as well as other damages the victim has suffered.

In Tennessee, there is one law firm that is ready to go to war for mesothelioma patients. Schuerger Shunnarah Trial Attorneys will stop at nothing to make sure victims get the compensation they deserve.


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