Important Things to Consider When Filing a Mesothelioma Lawsuit

Mesothelioma is a type of cancer that affects the outer thin layer of tissue surrounding a good majority of internal organs in the body. Because of this characteristic, it is considered to be one of the most aggressive and fatal types of cancer.

While cancer is highly unfortunate to have, regardless of its type, what makes mesothelioma unique is that it is considered to be largely avoidable. More specifically, it is found to be mostly caused by asbestos exposure.

 Asbestos is a type of fibrous material commonly present in materials used in construction, insulation, and other varieties of consumer goods. There is still no absolute ban on the use of asbestos in the United States presently, despite the widely known dangers it possesses. There is, however, a strict limitation on its use: it is allowed for use in a product as long as it’s only for less than 1%.

From Asbestos Exposure to Lawsuit

Asbestos exposure that is severe enough to directly impact one’s health usually occurs in a workplace or old residential structures that still have materials containing a large amount of asbestos.

Because it is mostly used in construction and insulation, it’s not always noticeable immediately, if at all. The danger lies in the inhalation of the asbestos fibers that can then travel to the lung. What makes this condition even trickier is that it can take years–even decades–before symptoms show up. By that time, the cancer would already be in its deadliest phase, which is why there is such a low survival rate of those diagnosed with this condition.

Filing a Lawsuit

There are generally two types of claims that you can make: personal injury or wrongful death. The personal injury suit can be filed by the patient themselves, seeking compensation and damages for the condition acquired. Wrongful death, on the other hand, is filed by an estate representative of the deceased patient.

Because of the gravity of this type of lawsuit, it is highly recommended that you consult with mesothelioma law firms before you make any strategic move. Proving causation is going to be critical in this case, and an experienced lawyer can help exactly with that.

 How Your Lawyer Can Help

Another important thing to note is that a mesothelioma lawsuit is subscribed to the statutes of limitations. What this means is that you can only pursue a mesothelioma lawsuit within a particular time frame. Once this window has passed, you can no longer file for any type of mesothelioma claim, no matter how strong your evidence may be.

To make sure that you fall well within this deadline, work closely with your lawyer. They can stay on top of the requirements and their deadlines, so you secure your opportunity to make your case in court.

Of course, make sure you have the evidence that will prove your claim: medical records to prove diagnosis, employment records to prove exposure, and financial records to show loss of income on account of the disease are some of the more important pieces of evidence you should prepare.

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