Medical Diagnosis and Your Lawsuit

Posted on Friday, December 4th, 2020 at 4:35 am    

For you to file a personal injury lawsuit over asbestos exposure it is important to have a medical diagnosis. A medical diagnosis is critical in such cases and has a direct link on the amount of compensation to be received. This article will discuss how important a medical diagnosis is in an asbestos/meso case.

Medical Diagnosis and Your Lawsuit

Having an accurate diagnosis is crucial to any asbestos mesothelioma case. This is because the specifics of the disease shape the value of the injury case. In asbestos lawsuits, defendants commonly offer settlements using the particular disease as a yardstick. Therefore, the settlement offer is lowest for mild cases of asbestosis and highest for mesothelioma. That being said, many other factors come into play.

A victim’s diagnosis is closely linked with the extent of their economic and non-economic losses. As it affects the cost of their medical bills as well as the duration of time they aren’t at work. In addition, it plays a major part in aspects of their pain and suffering and loss of enjoyment of life.

As such, an undiagnosed disease or inaccurate diagnosis makes it easier for the defense to avoid paying the plaintiff. Therefore, it is a very good idea to see a doctor at the slightest sign of any asbestos-related health issues. This will protect your health and any asbestos case that you may decide to file in future.

Medical Diagnosis and the Statute of Limitations

Diagnosis affects the statute of limitations as there is no clear date for the onset of the injury. Therefore, the statute of limitations clock begins to run from the date the person finds out about asbestos-related illness. This is recorded as the date of diagnosis.

It must be noted that the majority of lawyers will not start an asbestos lawsuit until there is a diagnosis.

Have you been diagnosed with an asbestos-related disease? Contact the Vinson Law Office today for a free initial consultation.



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