A mesothelioma lawsuit can provide money to cover the expenses of your illness and provide lasting financial security for your family. While filing a lawsuit may seem overwhelming and complicated, Sokolove Law strives to make it as easy as possible for you.
Filing a Mesothelioma Lawsuit
Filing a mesothelioma lawsuit with the help of Sokolove Law can secure much-needed resources for families who are hit suddenly by staggering hospital bills on top of the emotional strain of a cancer diagnosis.
A mesothelioma lawsuit can help families:
- Receive compensation
- Secure financial stability
- Get justice against manufacturers of asbestos-containing products
Manufacturers chose to continue using asbestos after the dangers were known. In fact, they even hid the dangers from the public. Because millions of innocent people have been killed by asbestos-related diseases, a complex legal landscape has emerged to protect those injured and their families.
“If someone was diagnosed with Mesothelioma as I was, I would suggest they call Sokolove Law because Sokolove takes care of you, and they mean business.”
Sokolove Law has a national network of mesothelioma lawyers, the ability to file a claim in any state, and decades of legal information at our disposal.
Types of Mesothelioma Lawsuits
In order for someone who has been diagnosed with mesothelioma to receive compensation, they will need an attorney to help them navigate the lawsuit process.
Sokolove Law has helped mesothelioma victims file the appropriate type of lawsuit for their case and file claims against any identified asbestos trust funds. If you are considering filing a mesothelioma lawsuit, reach out to us to learn how we may be able to help you.
Mesothelioma Personal Injury Lawsuit
A personal injury lawsuit allows a victim diagnosed with mesothelioma to seek compensation from the company or companies responsible for exposing them to asbestos.
Asbestos-related personal injury lawsuits hold specific companies responsible for an individual’s exposure to that company’s asbestos-containing products.
These cases allow a living individual to receive compensation that can cover:
- Living expenses
- Lost wages
- Medical expenses
- Pain and suffering
- Medical Treatments
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Mesothelioma Wrongful Death Lawsuit
Family members, or anyone who has been court-appointed as the representative of a victim’s estate, may file a wrongful death lawsuit on behalf of someone who has been killed as a result of mesothelioma.
These cases allow families to receive compensation for:
- Funeral expenses
- Loss of consortium
- Lost income potential
- Medical bills
- The loss of their loved one
- Pain and suffering
If a person passes away before their personal injury claim is completed, their family may carry it forward as a wrongful death lawsuit.
Mesothelioma Class-Action Lawsuit
Mesothelioma class-action lawsuits are no longer heard at the federal level and are, in general, almost nonexistent today.
Class-action lawsuits include many people who have similar cases and are filing them as a single case against a company that exposed them to asbestos.
Steps for Filing a Mesothelioma Lawsuit
The team at Sokolove Law can help you make sense of the complex legal framework surrounding mesothelioma claims. We can also help you take advantage of different state laws and statutes of limitations (time limits for filing a claim which vary state-by-state) so you can receive the compensation you may deserve.
Manufacturers of asbestos-containing products should be held accountable for their negligence, and mesothelioma cancer lawsuits are just one way that victims can help hold them responsible.
Let us help you choose the best course of action and guide you step-by-step.
1. Get a Free Legal Case Review
Call Sokolove Law at (855) 854-2504 or fill out a quick form to get your free case review. During this step, one of our mesothelioma case managers will review your unique situation and determine if your claim is eligible.
2. Review and Research Work and Medical History
If we think you have an eligible claim, we’ll come to meet with you either at your home or in another place of your choosing — wherever it is easiest for you.
You’ll tell us about your asbestos exposure as best as you can remember, and we will figure out what is needed to build a successful mesothelioma claim. There is no cost for this meeting.
3. Determine Best Route to Compensation
With a better idea of your work history and other sources of possible exposure, we’ll start to consider the available options.
There are a few different ways to seek compensation, and we’ll help you select the best fit for your situation to maximize the money you may receive. We will identify all possible defendants and asbestos trust funds to pursue and guide you through the process.
4. File Lawsuit
With a plan in place, we will file the complaint on your behalf in the state that gives you the best chance of securing an asbestos settlement.
The statutes of limitations vary state to state, so it is important to file as soon as possible after a mesothelioma diagnosis. If you do not file in time, all your rights to recover compensation could be gone forever.
5. Discovery Phase
Companies will rarely admit fault, so after a claim has been filed, lawyers on both sides will begin requesting records and other documentation to prove their case.
Sokolove Law will likely already have most of the documents necessary to prove your case. But, we are always discovering new defendants through client information, and we use the discovery stage to develop cases against these new defendants or products.
6. Results and Appeal
If both sides can agree on a compensation amount before going to trial, it is called a settlement. This is the most common outcome. Rarely, cases are heard before a jury, which delivers a verdict.
Cases will only go to trial in rare instances. A trial can be taxing on you and your family and is very expensive. Even worse, if you lose the trial, you get nothing.
In some cases, successful verdicts will be appealed by the defendant that wants to reduce or overturn the asbestos lawsuit settlement, or they can be reconsidered by the court. Appeals take time, are expensive, and are often a tactic utilized by defendants to get you to accept less.
A successful appeal from the defendants can reverse a decision by an earlier court that sided with you. On the other hand, an appeal by your legal team could give you the compensation you deserve.
Mesothelioma Lawsuit FAQ
People who are considering filing a mesothelioma lawsuit have a lot of serious questions. Some of the most common questions we receive are outlined below.
How much time do I have to file a lawsuit?
The statute of limitations, which determines how long you have to file a lawsuit, varies from state to state, with some as short as 1 year.
The state you live in may not be the state in which you file your complaint, so it is important to contact a credible law firm right away to figure out how much time you have.
Further, statutes of limitations depend on a variety of factors, so the best — and only — way to know how long you have to file is by working with a law firm like Sokolove Law.
How much does a mesothelioma lawsuit cost?
There are no up-front costs to file a mesothelioma lawsuit with Sokolove Law. We work on a contingency basis, meaning we will only accept payment if we are able to help you receive compensation. You may be responsible for expenses.
My family member has died from mesothelioma. Can I file on their behalf?
Yes, a claim may still be filed — this is known as a wrongful death lawsuit. Wrongful death lawsuits can be filed by the estate of someone whose life was needlessly taken by asbestos exposure.
However, to file on behalf of the estate, a court would need to name you the estate’s representative. When you work with Sokolove Law, your lawyer can assist you with that.
Given my health condition, will I need to travel?
Sokolove Law will represent you in court, following your instructions as we have agreed upon. We will travel to meet you as needed, though we try to minimize disruptions for mesothelioma patients and their loved ones.
Your testimony is a crucial part of the case, and, typically, we can record any statements you need to make in the comfort of your home or at a treatment center.
How do I know if I’m eligible to file a mesothelioma lawsuit?
People are eligible to file a mesothelioma lawsuit if they have a confirmed mesothelioma diagnosis and an asbestos-exposure history that identifies a viable defendant.
Mesothelioma victims may help prove their eligibility with:
- Medical records
- Employment records
- Documentation of all expenses related to the cancer
- Identification of coworkers or other witnesses
Since you may have been exposed to asbestos decades ago, determining exactly when, where, and how your exposure took place can seem overwhelming — but Sokolove Law can help. We’ll help you gather the necessary medical and work histories and be sure to explain all the documents you will be signing to allow us to further investigate your claim.
After I file a mesothelioma lawsuit, how long will the process take?
Some mesothelioma claims will reach an outcome in a few months. The timeline will depend on many factors, including the type of lawsuit you file and whether you are able to reach a settlement or have to go to trial.
It is difficult to predict the duration, but being backed by a mesothelioma law firm like Sokolove Law is important because some defense teams will try to drag this process out to delay compensation.
If your health is poor, or if your cancer is late-stage, a mesothelioma lawsuit may be expedited by the courts.
The company responsible for my exposure is no longer around. Can I still file?
Some of the companies responsible for exposing people to asbestos have filed for bankruptcy due to the large number of claims against them.
To ensure that there would be money for future claimants, the courts ordered some of these bankrupt companies to establish asbestos trust funds. These bankruptcy trusts are designed to facilitate payments for valid claims quickly.
So, you will not be allowed to file a lawsuit, but you can file a proof of claim with their trust if they have one.
To qualify for asbestos trust fund compensation, a person must prove their diagnosis and that they had exposure to a product covered by the trust. This is often done through employment records or affidavit.
Different asbestos trust funds require varying criteria. The paralegals at Sokolove Law can help you gather the information needed and see if you qualify.
Can I file an asbestos claim if I’m not sure when or how I was exposed?
It is understandably difficult for mesothelioma patients to pinpoint the cause of an illness that comes from exposure decades in the past, and often the disease was caused by multiple exposures to multiple products.
We maintain a massive database with detailed information about companies and workplaces that have a known asbestos exposure history. Often, even if you do not know you were exposed, we can get you compensation based upon where you worked and when.
We’ll be able to help you determine and support your claim with reliable data that has taken us years to assemble.
Mesothelioma Lawsuit Settlements
Trials can be difficult and expensive. If an agreement on an amount of compensation can be reached beforehand, it is known as a settlement.
Sokolove Law has successfully negotiated many settlements, which allow patients in poor health to avoid the courtroom and receive compensation faster.
Nearly all cases are resolved through settlements because when a defendant knows your attorney is prepared to try your case, they settle — especially if your attorney has had success against the defendant in the past.
If no settlement can be reached, the case goes to trial. The case will then be heard before a jury, who will deliver a verdict.
Sokolove Law is dedicated to helping victims of asbestos exposure get the information and resources they deserve. We serve on the front lines of this battle and have helped clients prove their story and receive compensation.
Why You Need a Mesothelioma Firm
Each day, families are blindsided by a mesothelioma diagnosis. Sokolove Law can help you receive the compensation you may be owed with little stress.
We will help file your lawsuit properly and build a strong case that shows your illness was caused by asbestos. By filing, you are making a choice to secure crucial resources for your family and to hold manufacturers of asbestos-containing products accountable.
If you have received a mesothelioma diagnosis, you have a limited time to file a claim. Start the process today with a free case review.