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  • Writer's pictureRobert Schuerger II

What Are the Different Types of Mesothelioma Lawsuits? A Comprehensive Guide

Mesothelioma is a type of lung cancer that is typically caused by asbestos exposure. No asbestos companies or asbestos product manufacturers ever labeled asbestos-containing products as a potential cancer-causing agent. That's why these types of lawsuits are inevitable, as mesothelioma can only be linked to asbestos exposure.

From the different mesothelioma lawsuits available to eligibility and the filing process, making a mesothelioma claim is complex. That's why it's important for mesothelioma patients and their families to file a mesothelioma lawsuit to gain the compensation they're owed.

An experienced mesothelioma lawyer can help affected parties navigate the legal process and build a strong case. They can answer the question of What is the largest mesothelioma settlement?

Why Are Mesothelioma Lawsuits Filed?

Why Are Mesothelioma Lawsuits Filed?

Mesothelioma lawsuits are filed to hold asbestos companies responsible for the impacts their asbestos products have had on people's lives. Asbestos manufacturing companies knew these products were dangerous for decades before facing any repercussions.

These companies, some now bankrupt, continued to profit from reckless operations while millions were exposed to asbestos and weren't aware of its problematic effects.

Asbestos becomes lodged in the lining of the lungs and other parts of the body when these fibers are ingested or inhaled. These asbestos fibers can remain dormant in the body for decades before leading to mesothelioma, asbestosis, or other deadly diseases related to asbestos exposure.

When these lawsuits are filed, affected parties can get mesothelioma compensation. Schuerger Shunnarah Trial Attorneys can also answer What is the average mesothelioma settlement?

Can You File a Claim for Asbestos Exposure?

Individuals are required to show proof of an asbestos-related diagnosis to be eligible to file a claim. Some of the most common asbestos diseases include asbestosis, malignant mesothelioma, and lung cancer. Without a diagnosis of an asbestos-related disease, proof of asbestos exposure isn't enough to meet the eligibility requirements to file a lawsuit.

What Are the Different Types of Mesothelioma Lawsuits?

More than one company was responsible for exposing employees and consumers to asbestos. This has had damaging and lasting impacts on many individuals diagnosed with mesothelioma and other asbestos-related illnesses.

Filing a mesothelioma lawsuit provides compensation to asbestos victims and their families. This compensation helps cover medical expenses, lost income, treatment costs, pain and suffering, and other expenses.

Trust fund, personal injury, and wrongful death lawsuits are the most common types of mesothelioma claims individuals can file:

Wrongful Death Claims

A family member files a wrongful death claim when a loved one dies from an asbestos-related illness. Compensation for this wrongful death lawsuit is received after an individual files a claim against the asbestos company responsible for this exposure.

An experienced mesothelioma attorney can help families determine if they are eligible to fill this wrongful death claim once a family member has passed away.

Personal Injury Lawsuits

A mesothelioma patient who has been exposed to asbestos and later received a mesothelioma diagnosis can file a personal injury claim. This personal injury lawsuit is filed against the responsible company or companies if there is more than one. Patients might be too ill to file claims. If this is the case, an asbestos attorney may file these personal injury claims on behalf of the patients.

Asbestos Trust Fund Claims

During an asbestos company's bankruptcy proceedings, asbestos bankruptcy trusts are presented to pay out current and future claims. Any individual who has been exposed to asbestos by the company's negligence and has been diagnosed with mesothelioma or other illnesses related to asbestos can file this asbestos trust fund claim. This is filed against the trust to receive compensation.

An experienced asbestos lawyer will help these victims collect the necessary documentation to successfully file a trust fund lawsuit on their behalf. These asbestos trust funds are subjected to the fund's payment percentage when the claim is paid out.

Types of Damages Available in a Mesothelioma Lawsuit

Damages in cases involving asbestos refer to the compensation awarded to the plaintiff. A mesothelioma claim typically involves the same damages as other civil lawsuits and is divided into non-economic and economic damages.

The economic damages associated with most mesothelioma lawsuits typically include chemotherapy, surgeries, hospital bills, medication, and other medical costs relating to the diagnosis and treatment of mesothelioma.

Economic damages might also cover future earning capacity and lost wages if the plaintiff is unable to work because of mesothelioma. Such damages in these types of mesothelioma claims compensate for the income the plaintiff would have received if they weren't affected by these asbestos-related diseases.

The average mesothelioma lawsuit settlement also includes non-economic damages. Examples of these non-economic damages include:

  • Loss of Enjoyment of Life: Damages might be awarded in a mesothelioma cancer lawsuit for the loss of enjoyment of life's activities and pleasures if the disease significantly reduces the plaintiff's quality of life.

  • Loss of Consortium: When filing mesothelioma claims, the spouse or family can be compensated for the loss of support, companionship, and services of the mesothelioma victim.

  • Pain and Suffering: Being more subjective, these damages cover intangible losses like emotional distress, pain, and suffering. Compensation can be granted in a mesothelioma case because of how life-altering and painful the disease is. This compensation from asbestos is awarded for the emotional and physical toll it takes on someone suffering from mesothelioma.

How to File a Mesothelioma Lawsuit

How to File a Mesothelioma Lawsuit

The most effective way to file an asbestos claim is to work with an experienced attorney familiar with asbestos litigation. These mesothelioma lawyers handle each aspect of the mesothelioma claims process.

Unfortunately, the process is complex and comes with many unique considerations. A mesothelioma lawyer reviews these considerations to find the best legal approach. From here, these knowledgeable lawyers collected the necessary information to file their lawsuit or claim.

The documents needed to file any mesothelioma lawsuit include:

  • Medical records for proof of asbestos-related diagnosis

  • Documentation to prove work history at an asbestos company

  • Reports showcasing financial hardship

  • Documents to prove exposure to asbestos

  • Reliable testimony outlining the cause of this exposure and its related diagnosis

Even though individuals might fulfill these criteria, it's important to have asbestos attorneys review the conditions surrounding the mesothelioma claim. Individuals are more likely to receive financial compensation when the best legal action is taken.

Schuerger Shunnarah Trial Attorneys Are Here to Help

Victims can contact Schuerger Shunnarah Trial Attorneys today to learn about how they can help with filing a mesothelioma claim.


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