Mesothelioma claims, widely known as asbestos claims, refer to legal actions in which the manufacturers of asbestos-containing products are held liable.
Since asbestos is a health-threatening substance, many governments have allowed its usage in specific ratios. However, companies that expose their employees to destructive minerals, such as asbestos have to pay for the affected person’s illness and the emotional loss of their families.
Mesothelioma victims can use compensation money to cover their medical expenses. Unfortunately, most people are unaware of legal procedures. Neither do many people know that they can hold anyone accountable who knowingly put them or their loved ones in health-threatening situations.
Legal Challenges with Mesothelioma Cases
Like most court cases, defendants in mesothelioma cases refuse to acknowledge the claims. They strive to prove that patients got mesothelioma from elsewhere and their companies do not use asbestos. Lawyers find mesothelioma lawsuits cases challenging as they require extensive research. In addition, mesothelioma cases have other legal challenges that make it difficult for victims to pursue the case.
Let’s learn more about the legal challenges with mesothelioma cases:
1. Limitations of action
The main challenge is the clause of limitation of action. A statute of limitation states the amount of time a person must wait to file a lawsuit. These time limits vary depending on the types of claims and state. Mesothelioma does not develop overnight; it takes years to occur. Besides, doctors often have to rule out other diseases before diagnosing mesothelioma, which takes an extended period. Thus, the regular three-year statute of limitation does not apply. Instead, the discovery rules apply to mesothelioma cases. Although there are few exceptions, most people who wait for a more extended period after the beginning of the rule of limitations period endures their claim.
2. Liability Issues
Once the case goes in the court, the final decision is in the judge’s hands unless involved parties resolve it out of the court. In most mesothelioma cases, the place and reason for asbestos exposure are not very definite. Also, in some lawsuits, there is more than one party involved. Many a time, victims are also unsure who exposed them to asbestos. These issues make it challenging for the plaintiff’s lawyers to build a solid case.
3. Amount of Compensation
Plaintiffs often wonder if compensation earned is worth the hard work. Because of the lack of mesothelioma cases and evidence proving asbestos exposure, asbestos trust funds look for excuses to refuse compensation. Asbestos funds have plenty of funds available; however, not many people come forward with mesothelioma claims.
4. Cause of Mesothelioma
Regardless of what type of mesothelioma cancer it is, asbestos is the primary cause of this deadly cancer. But, scientists did not pursue the connection between asbestos and mesothelioma over the decades. Now they are unsure why asbestos causes cancer. Thus, the plaintiff’s lawyers often have a hard time proving that the accused party exposed their clients to asbestos and caused cancer.
Mesothelioma claims are of different types and fall into the following categories:
Personal injury claim
The filing of a mesothelioma lawsuit requires the patient to take the form of a personal injury claim. The judges can provide compensation for various losses like medical expenses, loss of confederation, lost income, suffering, and diseases. Moreover, in some cases, judges also provide for punitive damages, commonly known as financial damages.
Plaintiff’s plea must include the following points in a personal injury claim:
- A written statement by the physician about the diagnosis of asbestos exposure
- Mesothelioma Diagnoses
- Use of the product that caused mesothelioma
- Companies’ history
- Evidence proving other companies employees who developed mesothelioma
Mesothelioma lawsuit begins soon after victims submit a plea. The lawyer also gets that compensation from the manufacturers to build a strong case. Most mesothelioma cases do not go to trials. Generally, both parties agree on an out-of-the-court settlement.
Wrongful death claims
Manufacturers of asbestos-containing products are held accountable for the victim’s death in wrongful death claims. Unfortunately, doctors diagnose mesothelioma in its later stage, and patients do not live long after diagnosis. Victims’ families can hold companies accountable for their wrongdoings in such cases. They can get some solace in compensation for emotional, mental, and financial stress. In many cases,
Conclusion
Mesothelioma is incurable, but the law helps the victims seek justice by following a legal procedure. Mesothelioma cases have different legalities involved, and the cases are far from a piece of cake. Additionally, lawyers have to deal with multiple obstacles. Hiring an expert lawyer can help you build a strong case and raises the chances of winning the lawsuit.
