Legal Action Meso Options
Posted on Monday, December 7th, 2020 at 2:13 pm
Mesothelioma is a cancer that is caused from the swallowing or inhaling of asbestos fibers. There is no cure and is often closely linked to exposure to asbestos in the workplace. It is possible to file a mesothelioma lawsuit to get compensation. This article will discuss the two legal options available for mesothelioma legal action.
Mesothelioma Legal Action
There are two forms of mesothelioma lawsuits that can be filed in court. These are personal injury and wrongful death claims. A mesothelioma personal injury lawsuit enables the cancer patient to seek compensation from the company responsible for the asbestos exposure. It must be noted that the average compensation resulting from a mesothelioma lawsuit trial award is $2.4 million.
Asbestos liability is generally based on the responsible company’s failure to warn. Such failure to warn their employees and consumers about the dangers of inhaling or swallowing asbestos. As a result, the company is held liable for the mesothelioma illness due to its own negligence. In some instances, mesothelioma personal injury lawsuits may be filed as class actions. However, because most cases are unique, they are filed as individual lawsuits. When the compensation is awarded in mesothelioma personal injury lawsuits the mesothelioma patient is the recipient.
For a wrongful death claim to be filed in respect of mesothelioma, the patient must have died. The estate of the deceased mesothelioma patient files the wrongful death claim. The plaintiff seeks compensation to cover medical bills, funeral expenses and lost income. Similarly, if the mesothelioma patient began a personal injury lawsuit but died before it was resolved; the estate may continue the claim. Therefore, in a wrongful death lawsuit, the estate is the recipient.
To receive legal advice on filing a mesothelioma personal injury lawsuit or a wrongful death claim contact the Vinson Law Office today.