Mesothelioma is a rare form of cancer that affects the lining of the lungs, abdomen, and heart. It is caused by exposure to asbestos, a fibrous mineral that was commonly used in construction materials, insulation, and other products until the 1970s, when its dangers became widely known. Unfortunately, many people who were exposed to asbestos decades ago are only now developing mesothelioma and other asbestos-related illnesses. If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. This article will explore the legal options available to Pennsylvania mesothelioma victims.
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Understanding Mesothelioma Lawsuits
Mesothelioma lawsuits are typically filed against the companies that manufactured or supplied asbestos-containing products. These lawsuits allege that the companies knew or should have known about the hazards of asbestos but failed to warn workers and consumers.
To file a mesothelioma lawsuit, you will need to work with an experienced mesothelioma attorney who can investigate your exposure history and identify the companies responsible for your illness. Your attorney will also need to gather medical records and other evidence to establish the extent of your damages.
Pennsylvania Mesothelioma Lawsuits
Pennsylvania has a two-year statute of limitations for personal injury claims, which means that mesothelioma victims have two years from the date of their diagnosis (or from the date they should have reasonably known about their illness) to file a lawsuit. However, it is important to speak to an attorney as soon as possible, as these cases can take many months or even years to resolve.
Pennsylvania mesothelioma victims may be eligible to file their lawsuits in state or federal courts, depending on the circumstances of their case. Your attorney can help you determine the best venue for your case.
Mesothelioma Settlements
Many mesothelioma lawsuits are settled out of court, either through negotiations with the defendants or through mediation. Settlements can offer several advantages over going to trial, including:
- Faster resolution: Trials can take years to complete, while settlements can often be reached within several months.
- Lower costs: Settlements can save on legal fees, expert witness fees, and other expenses associated with a trial.
- Reduced risk: Trials are inherently unpredictable, and there is always a risk that a jury will award little or no damages. Settlements eliminate this risk and provide more certainty in the outcome of the case.
However, it is important to work with an attorney who has experience negotiating settlements and who can ensure that you receive fair compensation for your damages.
Mesothelioma Verdicts
If your mesothelioma case goes to trial, a verdict will be reached by a judge or jury. Verdicts can result in higher damages awards than settlements, but they can also take longer and be riskier.
Your attorney will need to present evidence to the court that establishes the defendant’s liability for your mesothelioma, as well as the extent of your damages. This evidence may include medical records, testimony from medical experts and coworkers, and evidence of the defendant’s knowledge of the hazards of asbestos.
Trust Funds
Some mesothelioma victims may be eligible to file claims with asbestos trust funds, which were established by companies that filed for bankruptcy after facing large numbers of mesothelioma lawsuits. These trust funds contain billions of dollars that are set aside to compensate mesothelioma victims and their families.
Filing a claim with an asbestos trust fund can be a complex process, as each fund has its own eligibility criteria and claims procedures. Working with an experienced mesothelioma attorney can help you navigate this process and maximize your compensation.
Conclusion
If you or a loved one has been diagnosed with mesothelioma, it is important to speak to an attorney who specializes in these cases. An experienced mesothelioma attorney can help you understand your legal options, including filing a lawsuit or a claim with an asbestos trust fund, and can work tirelessly to ensure that you receive fair compensation for your damages.