How to go About Filing a Mesothelioma Lawsuit

How to go About Filing a Mesothelioma Lawsuit

Evidence as to what causes it has been proven by science and numerous successfully filed lawsuits. Are there ground for a lawsuit? Is legal action justified in your individual case, is there enough evidence to pursue a case?

Inhalation of asbestos fibers are proven via thorough and formal diagnosis. Some sources are quoted as saying that are as many as 3,000 cases annually being identified. This mostly applies to men over the age of 40) and there will be about 300,000 cases before 2030 due to the latent nature of the disease that lies dormant for years and only later comes to the forefront, with full-blown symptoms. It spreads quickly and is aggressive, requiring immediate medical attention and intervention.

If there were ever any exposure or risk at all, you should be screened at least once and regularly thereafter.

A formal diagnosis of Mesothelioma will be required to proceed with legal action and filing a lawsuit.

Typically routine exams, after experiencing chest pains, have actually led to finding the real cause and the Mesothelioma, even after years (even as long as15 – 50 yrs later!)

Experiencing difficulty breathing due to the increased fluid in your lungs and pressure on your chest for example, needs to be tested and the diagnosis confirmed for the lawyers to proceed.

A formal chest CT-scan will be requested too. Showing case and effect is a key piece in the legal pursuit. It is typically shown to not be a random act of nature, but the result of a dangerous product and exposure and ‘negligence’ on the part of the sued party, that exposed workers to it, knowingly and without the necessary protection. In many cases this exposure occurred despite proof and solid evidence regarding the harm it would cause.

Compensation will follow based on this principle the law calls ‘disregard of human life and safety’, which is a fundamental human right.

Whether or not there will be a lawsuit is up to the patient really as showing the causal relationship between the condition and asbestos exposure in the workplace is a formality these days. It is a certainty that someone is at fault. Most cases also typically settle out of court to avoid negative publicity. How much the settlement or award, lawsuit would be, also varies and depends on the individual cases in question. Factors that the legal system and courts utilize are:

§ funds available

§ the duration and location of the asbestos exposure

§ the persons overall health

§ and many similar factors.

An experienced personal injury lawyer and/or asbestos professional specialist attorney will know how best to proceed and if at all, what your chances, entitlements and recovery amount, restitution, pain and suffering, expenses etc. could be. If you have any related legal questions, do not hesitate to call and consult with a legal professional – they will quickly become part of your support network, representing your best interest. This is one more step in dealing effectively with Mesothelioma.

Article provided by:

Article provided by:
Mesothelioma Cancer Medical Site

Article from

Comments are closed.