What is a meso lawsuit?
A meso lawsuit is a legal claim filed against companies that manufactured or used products that contained asbestos, a substance that can cause mesothelioma, a type of cancer that affects the lining of the lungs and other organs. Mesothelioma usually develops decades after exposure to asbestos, and has a very poor prognosis. People who develop mesothelioma from asbestos can seek financial compensation for damages suffered, such as medical expenses, loss of income, pain and suffering, and wrongful death.
Who can file a meso lawsuit?
The primary plaintiffs in a meso lawsuit are people who have been diagnosed with mesothelioma due to exposure to asbestos at work or in their environment. These people may have worked in industries such as construction, engineering, mining, naval, military, automotive, textile, chemical, electrical, aeronautical, agricultural, oil, railway, metallurgical, the paper industry, ceramics, food, pharmaceutical, educational, health, public services, fire, police, and others. They may also have been exposed to asbestos through contact with family, friends, neighbors, or products that contained it, such as clothing, insulation, paint, tiles, pipes, brakes, gaskets, filters, appliances, cosmetics, toys, and others.
Family members of people who have died from mesothelioma can also file a wrongful death meso lawsuit to seek compensation for emotional suffering, loss of companionship, financial support, and funeral expenses.
How is a meso lawsuit filed?
The first step in filing a meso lawsuit is to contact an attorney specialized in asbestos and mesothelioma cases, who can evaluate the viability of the claim, identify potential perpetrators, gather the necessary evidence, and negotiate or litigate the best possible compensation. The attorney can also advise you of legal deadlines for filing a lawsuit, which vary by state and type of claim (personal or wrongful death). Typically, the time frame is 2 to 3 years from diagnosis or death.
There are different types of lawsuits for mesothelioma, depending on the area in which they are presented:
• Civil lawsuits:
They are those that are filed in state or federal courts, and can be resolved by an out-of-court settlement or a jury verdict. Out-of-court settlements are more frequent and quicker, and tend to be around a million dollars. Jury verdicts can be higher, but also longer and riskier, typically averaging $2.4 million.
• Class actions:
They are those presented by a group of people who have suffered similar damages for the same cause, and who seek joint compensation. Mesothelioma class action lawsuits are rare, as each case has particular circumstances that require individualized attention.
• Administrative claims:
are those filed with government agencies, such as the Veterans Administration, the Occupational Safety and Health Administration, or the Social Security Administration, to obtain benefits or compensation for exposure to asbestos in the military, occupational, or safety fields social. These claims are typically simpler and faster than civil lawsuits, but they also offer less compensation.
• Claims to asbestos trusts:
They are those filed with special funds created by companies that declared bankruptcy due to asbestos lawsuits, and that allocated a portion of their assets to pay mesothelioma victims. These trusts operate independently of the courts, and have their own criteria and procedures for assessing and paying claims. These claims are typically faster than civil lawsuits, but they also offer less compensation.
What factors influence the compensation of a meso lawsuit?
Compensation for a meso lawsuit depends on several factors, such as:
• The type and stage of mesothelioma
• The age and state of health of the plaintiff
• The severity of symptoms and prognosis of the disease
• The degree and duration of asbestos exposure
• The number and solvency of the defendants
• The state and jurisdiction where the lawsuit is filed
• The quality and quantity of evidence presented
• The skill and experience of the lawyer
• The parties’ willingness to negotiate or litigate
• The availability and amount of asbestos funds
There is no exact formula to calculate compensation for a meso lawsuit, but it is estimated that the average compensation obtained for this type of lawsuit is about $2.4 million.
What are the benefits of filing a meso lawsuit?
Filing a meso lawsuit has several benefits, both economic and personal, such as:
• Obtain fair compensation for damages suffered from asbestos exposure and the development of mesothelioma
• Cover medical expenses, treatments, medicines, follow-up visits, hospitalization, and long-term home care
• Recover income lost or reduced due to inability to work
• Ensure financial security and well-being of family and loved ones
• Obtain recognition and justice for suffering caused by asbestos companies’ negligence or cover-up
• Contribute to prevention and awareness of the risks of asbestos and mesothelioma
• Support research and development of new treatments and cures for mesothelioma
What are the risks of filing a meso lawsuit?
Filing a meso lawsuit also has some risks, such as:
• Face a long, complex, and stressful legal process
• Finding it difficult to prove the relationship between asbestos exposure and mesothelioma
• Deal with opposition and defense of asbestos companies
• Not obtaining the expected or deserved compensation
• Lose the case or have it dismissed due to technical or legal issues
• Having to pay the costs and fees of the legal process
To minimize these risks, it is important to have the advice and representation of a lawyer specialized in asbestos and mesothelioma cases, who can defend the rights and interests of the plaintiff, and seek the best possible solution.
What alternatives are there to meso lawsuit?
In addition to filing a meso lawsuit, people who have been diagnosed with mesothelioma due to asbestos exposure may choose other alternatives, such as:
• Request compensation for work disability or occupational disease, if exposure to asbestos occurred in the workplace.
• Apply for a pension or dependency assistance, if the illness prevents you from carrying out the basic activities of daily living.
• Apply for a scholarship or grant to access experimental treatments or clinical trials for mesothelioma
• Participate in support and guidance programs or associations for mesothelioma patients and families.
• Donate to organizations or foundations that are dedicated to research and the fight against mesothelioma