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  • Writer's pictureRobert Schuerger II

What Are the Different Types of Mesothelioma Lawsuits?

Also known as an asbestos claim, a mesothelioma claim is a type of legal action allowing mesothelioma patients (and their families) to seek financial compensation for any disease caused by asbestos.

A patient with asbestos-related illness can choose between different types of lawsuits. These include wrongful death lawsuits, asbestos trust fund lawsuits, and personal injury claims.

Types of Mesothelioma Claims

Types of Mesothelioma Claims

Common mesothelioma claims include wrongful death and personal injury lawsuits. However, patients with asbestos-related disease may also file a trust fund claim.

Most successful claims amount to more than $1 million. However, these settlements, trial verdicts, and asbestos trust funds differ depending on the type of claim filed. An experienced asbestos lawyer has the expertise and knowledge to build a strong legal claim against the responsible company and manufacturer that caused this asbestos exposure. Seeking help from knowledgeable mesothelioma attorneys is crucial to successfully filing and gaining compensation for mesothelioma lawsuits.

Personal Injury Claims

A personal injury claim is made when a patient files a mesothelioma lawsuit. If the claim is awarded by juries, monetary damages for losses can be awarded. Examples of these monetary damages might include pain and suffering, loss of consortium, loss of income, and hospital expenses.

Trust Fund Claims

Trust funds were created by bankrupt asbestos companies responsible for any asbestos exposure that occurred. Mesothelioma survivors can pursue compensation from these trust funds. Taking legal action, mesothelioma victims and their families can make a claim to obtain compensation for injuries sustained from exposure to asbestos. When a claim is filed because of asbestos, these documents are known as asbestos claims.

Wrongful Death Claims

Lawsuits that the estate, which includes family members, file once a person has passed away from mesothelioma are called wrongful death lawsuits. Juries generally award compensation for many losses. These include mesothelioma cancer-related expenses and funeral costs.

The child or spouse of the deceased mesothelioma patient or another estate representative files the claim on the estate's behalf. When this claim is filed, the representative acts in the estate's interest and uses a wrongful death lawsuit to receive financial compensation from asbestos.

Why File a Mesothelioma Lawsuit?

Many affected parties file asbestos claims to seek compensation for lost wages and medical expenses. However, other claims are typically filed to provide financial security for surviving family members, account for medical bills, and cover funeral expenses.

A mesothelioma cancer lawsuit is filed because mesothelioma lung cancer is known for requiring expensive cancer treatments, caregiving, and travel expenses. These are costs that most health insurance policies don't fully cover.

Individuals should speak to an experienced lawyer if they or a family member have been diagnosed with mesothelioma or other asbestos-related diseases. Top mesothelioma law firms, like Schuerger Shunnarah Trail Attorneys, offer free case evaluations. They can answer questions like What is the average mesothelioma payout?

How to File a Mesothelioma Lawsuit

How to File a Mesothelioma Lawsuit

One of the roles asbestos attorneys play in a mesothelioma lawsuit is gathering the necessary documentation detailing your asbestos exposure history and mesothelioma diagnostic tests. Affected parties should also record healthcare-associated costs, hospital bills, and other financial records, as this will help build a strong case.

An experienced asbestos attorney will highlight the best approach to gaining mesothelioma compensation through a mesothelioma class action lawsuit. When filing mesothelioma lawsuits, asbestos-exposure victims should provide the following documentation:

  • Financial records showcasing how the illness caused monetary problems for the household

  • Testimony explaining why the individual was exposed to asbestos and the mesothelioma diagnosis

  • Work history documentation to prove the affected parties worked for the asbestos company responsible that is named in the asbestos lawsuit

  • Medical records proving the affected party was diagnosed with illnesses relating to asbestos fibers

Time Line of Filing a Mesothelioma Lawsuit

The most crucial aspect of mesothelioma cases is to speak to an attorney who's experienced in asbestos litigation. This professional walks victims through the legal process while answering any concerns or questions they may have.

Professional advice is always recommended because asbestos claims are known for being extremely complex. It's important to keep in mind that there are strict time limits associated with filing a lawsuit, which is called the statute of limitations.

When someone enlists the help of a qualified and experienced attorney, they help determine their case's deadline.

Consult an Experienced Mesothelioma Lawyer

Enlist in the services of a lawyer with successful asbestos verdicts. They will be able to draw on their experience to find the best strategy for an individual case.

Confirm if the Affected Party is Eligible to File an Asbestos Claim

Gathering evidence and researching a case, a mesothelioma lawyer will explore the eligibility of the mesothelioma case. With most mesothelioma cases, these asbestos lawyers in Nashville might be able to determine what asbestos products the victim was exposed to. Free case review is something the person could consider, as this helps them determine if they are eligible to file a claim.

File the Asbestos Exposure Lawsuit

Handling each legal step of this, the attorney will take responsibility for filing a mesothelioma claim to the right court.

Discovery Phase of the Mesothelioma Claim

Both parties involved begin the legal proceedings once the victim has been able to file a claim. This is where the discovery period starts and both sides perform depositions, interviews, and research to build their cases.

Mesothelioma Lawsuit Settlements, Trials, and Verdicts

It's uncommon for these asbestos lawsuits to go to trial. Many mesothelioma patients and other affected parties receive compensation through settlement rather than a favorable verdict. That's why most asbestos lawsuits result in settlement.

Finding the Right Mesothelioma Lawyers in Nashville, Tennessee

Whether the person is a mesothelioma victim, a mesothelioma survivor, or immediate family members who have been impacted by asbestos companies in any way, they need an experienced lawyer in mesothelioma litigation to help them hold companies and other parties responsible. They can provide insight to questions like Can a single exposure to asbestos cause mesothelioma?

The professionals at Schuerger Shunnarah Trial Attorneys are here to help victims through the complex and time-consuming process of filing a lawsuit and seeking justice. Workers compensation, a family's financial security, or medical expenses incurred from developed mesothelioma, the team wants to help victims get the compensation they deserve.

Those interested can contact the team today to book a free consultation.


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