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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Mesothelioma in TN

Although it's not as common as others, mesothelioma, like any type of cancer, can have deadly consequences in the victim's life. The reason this disease is not common is that it comes from asbestos exposure. 


It's really weird to be exposed to a dangerous amount of asbestos as part of someone's daily routine. Hence, most times, this happens due to the negligence of another party. Getting cancer because of another person is truly something serious, and victims of that problem deserve justice. 


The best way to get enough money for everything is to hire Tennessee mesothelioma lawyers and file a lawsuit against the liable party for the victim's mesothelioma diagnosis.


Anyone looking for an experienced and qualified mesothelioma lawyer in Nashville, TN, can trust Schuerger Shunnarah Trial Attorneys. What makes this law office different from others is that it works with former insurance company lawyers. They can also provide insight on how to file a lawsuit for nursing home abuse in TN.


Why is this something good? Because it means those lawyers know what their opponents in court will do to win and can use that to their advantage. Anyone looking forward to scheduling a free consultation with a mesothelioma lawyer can visit this company's website and call its contact phone number. 


What Situations Involve Negligent Asbestos Exposure?


Although being toxically exposed to asbestos is not common, there are several specific situations in which people can get mesothelioma because of that. The first is occupational exposure, which happens when construction workers use materials with asbestos fibers. 


This doesn't only happen to construction workers but also shipbuilding employees and people who work in a car workshop. People working near asbestos mines, processing plants, or demolition sites could also suffer from this problem. Airborne asbestos fibers are released into the environment in those settings. That's called environmental exposure. 


Secondary or indirect exposure happens when people get exposed to it because their family members or friends come into contact with it in the first place. Asbestos fibers can get to them through clothing and other items. 


As its name suggests, product exposure happens when people get exposed to asbestos after using products that contain it. Insulation and roofing materials, as well as automotive parts, are excellent examples of this. 


How to File a Mesothelioma Claim

How to File a Mesothelioma Claim


If someone wants to get compensation after getting mesothelioma due to negligent asbestos exposure, they need to file a decent claim. Naturally, people need the help of a good lawyer to do this. 

Here, people will read the exact process they will go through to file this claim. 


Get Medical Treatment 

When people first notice the symptoms of mesothelioma, they need to get medical attention right away. Even if it's not that, the sooner they know what they are suffering from, the earlier they can get a proper treatment to heal from it. 


Not addressing a disease in time could worsen it a lot, especially when talking about cancer. Speaking about asbestos lawsuits, since they are not common, people need as much evidence as they can get to win the case. 


Medical records are excellent evidence for a mesothelioma lawsuit. There, doctors can state that the victim did get the disease due to asbestos exposure and even theorize where that exposure came from. 


Contact a Lawyer 

Once the victim has a diagnosis, the next step is to hire a Tennessee mesothelioma lawyer to take care of the situation. It's ideal to hire someone who is experienced in this kind of case. While any personal injury attorney would work, victims should get a mesothelioma lawyer


When victims call a lawyer, the first they will do is offer a free consultation to talk about the details of the case. There, they can discuss the case strategy they would go for and what they should do after that. If the victim chooses to hire them, the investigation process will start.


While legal fees are an important factor to consider before hiring Tennessee mesothelioma lawyers, most law offices take their payment from the victim's settlement. That is called a contingency-free policy that keeps victims from paying their legal advisor if they don't win the case. 


Many Tennessee mesothelioma lawyers offer that, but that doesn't mean they are all like that. Victims should ask the person they meet in the consultation about the pricing for handling the case to be on the same page. 


Gather Evidence

Gathering evidence is one of the most important parts of the lawsuit process since it's what determines if the victim wins or loses the case. People need evidence to prove:


  • They suffer from mesothelioma.

  • They got mesothelioma due to asbestos exposure.

  • The asbestos exposure came from the defendant's negligence.

  • They need the money they want to get for medical expenses.


Failing to prove one of those things could take down the whole case. However, victims don't have to go through this alone. Experienced Tennessee mesothelioma attorneys know what evidence may work best for each situation and will collect as much as they can with the help of the victim. 


Things such as witness statements, pictures, videos, and medical records are often used as evidence in Tennessee mesothelioma cases. However, anything that proves the subjects mentioned before will work. 


File a Claim/Mesothelioma Lawsuit

Process-wise, mesothelioma lawsuits are the same as any other personal injury case. That means people need to ask their Tennessee mesothelioma lawyer to file a complaint to the court to start the proceedings. 


The claim the mesothelioma attorney submits to the court needs to include all the details of the case, the damages the victim sustained, and the benefits they are asking the other party to give them. 


Serve the Other Party 

Once the mesothelioma attorney submits the claim, the court will ask a process server to send a copy of it to the defendant. They will have time to examine what the plaintiff is asking for and decide if they are willing to pay for it. 


Although it's not common for cases to end this way, sometimes, people agree with the claim and accept to pay for everything mesothelioma law firms ask for. If they respond to the claim and deny it, the process will go on.


Engage in the Discovery Phase 

The discovery phase in an asbestos litigation process consists of the plaintiff and defendant sharing the evidence they have for the case. This is a good preparation for the negotiation phase. 


Negotiate 

If the Tennessee mesothelioma law firm the victim hired notices the case is too difficult to win, they will advise the victim to try to get to an agreement with the other party. Naturally, they wouldn't get the full amount of money they asked for in the first place. However, they could get enough to cover most medical expenses. 


Go to Trial 

If the victim and their asbestos attorney don't get to an agreement with the other party, they will have to go to trial. Civil trials are often stressful for everyone, so it's important everyone involved in the process is emotionally prepared for it. 


Someone who develops mesothelioma may be more prone to suffer emotional distress. Hence, it's the job of mesothelioma attorneys to make this the simplest it can be. The trial will go on as both parties show their evidence and sustain the arguments they have for the case.


Appeal 

Even if Tennessee asbestos attorneys lose the trial, they have a second chance to get their clients compensation for their disease. They can ask for a settlement appeal for a higher court to study the case and decide if it was a fair verdict. 


Can Someone File Lawsuits for Other Asbestos-Related Diseases?

Can Someone File Lawsuits for Other Asbestos-Related Diseases?


There are many other asbestos-related diseases apart from mesothelioma. People could also suffer from asbestosis, pleural plaques, pleural effusion, diffuse pleural thickening, rounded atelectasis, and even lung cancer if they are exposed to asbestos. 


Mesothelioma patients are not the only ones who can get compensation for what they are going through. If someone gets any sort of injury because of the negligence of another person, it's still a personal injury, even if it's not mesothelioma. That means they can file a claim for it. 


The process to file a claim in Tennessee for an asbestos-related illness is the same as victims follow with mesothelioma lawsuits. They have to hire an attorney, get medical attention, gather evidence, and file a complaint. 


Regardless of that, mesothelioma patients often get more compensation than people filing claims for similar illnesses. The reason for that is the treatment to heal from this disease is more expensive than others. 


If the victim dies before or throughout the process, the mesothelioma attorney can turn the claim into a wrongful death lawsuit. The main difference between wrongful death lawsuits and mesothelioma settlements is the person who receives the compensation and what they use it for. 


In this case, the family of the deceased would need to prove the asbestos-related disease the victim suffered from was what killed them. Money from these settlements goes to emotional distress and burial expenses. 


Wrapping Up - Hire Tennessee Mesothelioma Lawyers Now! 


Although Tennessee mesothelioma lawsuits are not as common as other personal injury claims, there are many lawyers in the state experienced in the matter. Schuerger Shunnarah Trial Attorneys works with people experienced with this kind of disease. 


It's best to hire someone who already knows how these cases work. Anyone in Nashville, TN, can call this company today to schedule a free consultation with a Tennessee mesothelioma attorney. 

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