If you have been exposed to asbestos and diagnosed with mesothelioma, you likely have many questions. While the majority of your questions may be related to your health, there may also include legal ones. This article and a follow up one will discuss common legal meso questions linked to legal action.
Legal Meso Questions
Meso Questions 1: How Long Do I Have to Sue?
Mesothelioma often develops 10 to 40 years after exposure to asbestos. Statutes of limitations usually give people 1-5 years from the diagnosis or discovery of mesothelioma to file a lawsuit. If a mesothelioma victim has already died, their spouse or other heirs can file a wrongful death claim. The spouse or heir has 1-3 years from the date of death to file the claim. Such a claim will result in the recovery of substantial money damages.
Meso Questions 2: How Long Does an Asbestos or Mesothelioma Case Take?
Most asbestos cases are settled before they ever get to a jury. This means that an out-of-court agreement is made on the amount of money damages the victim or survivors will receive. Therefore, your case may only take a few months if there is an easily identifiable defendant with funds to settle. In many states, the court rules recognize that mesothelioma victims have a short life expectancy and fast-track their lawsuits. Nevertheless, cases heard in court could still take from months to years to complete.
Meso Questions 3: How Much Can I Recover?
The dollar amount likely to be received as compensation is hard to estimate without knowing the facts of your case. Some cases result in settlements or jury awards in the millions, while the same case settles for much less. Many factors can affect how much is received. Some factors include the:
- Amount of funding available to make a settlement
- Level of harm suffered by the victim
- Period of time a victim has suffered
- Victims medical expenses
- Lost wages