Lawsuit of Mesothelioma

The mesothelioma lawsuit is one of the most serious legal actions taken in cases of negligence or asbestos liability issues. It is about an injured person (a personal injury lawsuit) or about the family of one who has died of asbestos lung cancer (a wrongful death lawsuit).

In a personal injury mesothelioma lawsuit, the individual diagnosed with mesothelioma is living and bringing the lawsuit on his/her own behalf. A wrongful death suit takes place when the survivors bring the mesothelioma lawsuit on behalf of a deceased victim: the spouse, relative, and/or representative of the estate of the departed individual.

Mesothelioma lawsuits usually seek compensation for medical treatment costs, lost wages, pain and suffering. In the case of a wrongful death lawsuit, funeral expenses are also considered, as well as the economic value of the deceased person's life.

The plaintiff's injury is very important in this kind of lawsuits. In the case of a mesothelioma lawsuit, this is quite easy to establish, because all persons who suffer from mesothelioma have been exposed to asbestos materials. More difficult is the process of establishing the specific materials that the plaintiff was exposed to and who manufactured it. This can be especially difficult if the exposure took place decades before, or in the case of wrongful death actions where the plaintiff is no longer alive to add his or her testimony to the manner and type of exposure that was suffered.

In some cases, the Mesothelioma lawsuit is resolved through the settlement process, the specialized mesothelioma lawyers having the important role of identifying the relevant asbestos containing products that the plaintiff was exposed to. If the settlement process fails, the only way left is litigating the case at court. A mesothelioma lawsuit that ends in a trial will be difficult for both the plaintiff and the plaintiff's lawyer.

Because this is such a devastating form of cancer, clearly linked to asbestos exposure, mesothelioma lawsuits are on the rise. Most persons diagnosed with mesothelioma were exposed to asbestos at work place. That is why mesothelioma lawsuits usually name the employer of the mesothelioma victim as one of the defendants (other defendants in a mesothelioma lawsuit being the manufacturer of the asbestos materials or others who may have contributed to the asbestos exposure).

Most mesothelioma lawsuits do not get to trial, but are settled out of court, saving a large amount of money for both sides. And even if a favorable settlement is reached, or the mesothelioma lawsuit is decided in favor of the plaintiff, it can take years to receive payment from the defendant because the growing number of mesothelioma lawsuits can make it difficult for all parties to collect the full amount to which they are entitled.