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  • Writer's pictureRobert Schuerger II

A Guide on How to File a Lawsuit for Mesothelioma in Indiana

Although it's a rare type of cancer, mesothelioma claims the lives of around 2,500 people annually. Each year, approximately 3,000 individuals are diagnosed with this disease. However, most fatalities could have been prevented.


Mesothelioma is an aggressive form of cancer that often leads to death. It's strongly linked to exposure to asbestos fibers, a naturally occurring but dangerous mineral that many products manufactured throughout the 20th century contain.


Unfortunately, many negligent manufacturers and businesses across multiple industries used asbestos, exposing customers and employers to a material that can cause severe health conditions.


Symptoms of this type of cancer can appear up to 20-50 years after initial asbestos exposure. However, people who receive a mesothelioma diagnosis and their surviving family members can sue responsible parties for their negligence. This article contains more information about this process.


What People Need to Know About Indiana Mesothelioma Lawsuits

What People Need to Know About Indiana Mesothelioma Lawsuits


Indiana mesothelioma patients are entitled to compensation if they were exposed to asbestos due to another person’s negligence or wrongdoing. However, this legal option isn't only available to residents.


Anyone who has been exposed to asbestos while living, visiting, or working in Indiana could qualify to file a mesothelioma claim and receive financial compensation for their injuries. The same rings true for individuals who have been diagnosed with other asbestos-related diseases, such as lung cancer.


Mesothelioma victims’ surviving family members, dependents, and any person or entity over their state can file an asbestos claim to hold at-fault parties accountable for their negligence and pursue compensation.


Types of Mesothelioma Lawsuits in Indiana


In Indiana, affected parties can file two types of mesothelioma lawsuits, which are:


Personal Injury Lawsuits

Through a personal injury lawsuit, mesothelioma patients can seek compensation from the party that contributed to their illness by exposing them to asbestos.


Personal injury lawsuits for mesothelioma diagnoses can help victims recover monetary compensation for the following damages:


  • Medical costs

  • Expenses for rehabilitation and cancer treatment

  • Lost wages

  • Lost earning capacity

  • Pain and suffering

  • Loss of quality or enjoyment of life

  • Loss of companionship or support


Wrongful Death Lawsuits

If mesothelioma patients lose their lives due to this disease, their surviving family members can file a wrongful death case to recover compensation, which may cover the following damages:


  • Funeral expenses

  • Pain and suffering

  • Mental anguish and grief

  • Loss of consortium

  • Medical costs before the deceased's death

  • Loss of income


Alternatives for Mesothelioma Claims


Besides personal injury and wrongful death lawsuits, there are other potential options for mesothelioma patients considering filing an asbestos claim to recover compensation, including the following:


Veteran Benefits

If victims are exposed to asbestos due to their military service, they have the right to file a claim with the Department of Veterans Affairs and obtain compensation for funeral and burial costs, aid and attendance, healthcare services, cancer treatment, and transportation.


Asbestos Trust Funds

Some manufacturers that have declared bankruptcy have put money into asbestos trust funds to compensate mesothelioma patients or surviving family members who cannot file a claim against at-fault parties.


Asbestos trust funds can help compensate mesothelioma victims when the responsible party is no longer available to sue or the statute of limitations expires, for example.


Statute of Limitations for Mesothelioma Lawsuits in Indiana


Mesothelioma victims can sue the party that caused or contributed to the development of this disease within two years from the date they receive a diagnosis. Otherwise, their cases could be dismissed.


Steps to File a Mesothelioma Lawsuit in Indiana

Steps to File a Mesothelioma Lawsuit in Indiana


Filing a mesothelioma lawsuit often provides the most favorable outcome for victims. In order to initiate legal action, they should complete the following steps:


1. Consult with an Indiana Mesothelioma Lawyer

The first and most important step is to seek counsel from experienced Indiana mesothelioma lawyers. These specialists understand the complexities of asbestos litigation and can guide the victim through the legal process. 


Plus, an Indiana mesothelioma attorney will assess the specifics of the case, determine eligibility for compensation, and build a strong legal strategy. They can also consult on how to file a lawsuit for nursing home abuse in Indiana.


2. Confirm Eligibility

Most mesothelioma lawsuits target manufacturers and distributors of asbestos-containing products that caused the victim's exposure.


Indiana mesothelioma lawyers will meticulously investigate the victim's work history and personal life to identify potential sources of asbestos exposure. This may involve military service records, employment documentation, and residential history, depending on the suspected source of exposure.


3. File the Mesothelioma Lawsuit

Once eligibility is confirmed, Indiana mesothelioma attorneys will file a lawsuit against the liable parties. It'll detail the victim's medical condition, the link to asbestos exposure, and the damages sought.

 

Plus, the lawsuit be filed in the appropriate Indiana court based on the location of exposure or the defendant's residence.


4. Go Through the Discovery Phase

The discovery phase involves both parties exchanging information relevant to the case. This may include medical records, employment records, witness statements, and expert reports.


Indiana mesothelioma lawyers will use this phase to gather evidence that strengthens their client's case and identify weaknesses in the defense's arguments.


5. Negotiate Settlement

Many mesothelioma lawsuits are settled before going to trial. During negotiations, a mesothelioma attorney in Indianapolis will present a compelling case for compensation, considering the victim's medical prognosis, lost wages, and overall impact on their life.


The goal is to secure a fair settlement that meets the victim's needs without the uncertainty of trial.


6. Present the Case in Trial

If a settlement cannot be reached, the case will proceed to trial. Mesothelioma lawyers will meticulously present evidence to demonstrate the victim's asbestos exposure, the link to mesothelioma, and the extent of the damages.


The trial will be presided over by a judge or jury who will ultimately decide the outcome and any compensation awarded.


Final Thoughts


A mesothelioma diagnosis is a serious challenge, but legal action can help secure the compensation needed to manage medical expenses and provide some financial security for the future. 


If you or a loved one has been diagnosed with mesothelioma, contact Schuerger Shunnarah Trial Attorneys today! This is the first step towards securing the legal representation victims deserve. Our experienced Indiana mesothelioma lawyers will fight tirelessly to ensure patients receive the justice and compensation they're entitled to.

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