Am I entitled to file a lawsuit if I think I have been affected by asbestos?
You can only file a law suit if you have definitely been affected by asbestos, which means seeking medical assistance and getting a diagnosis of mesothelioma as soon as possible. Once your diagnosis has been confirmed by your doctor, you should then seek legal assistance as soon as possible to file your lawsuit for compensation. Your lawyer will need to have details of your diagnosis in order to put together your law suit.
Who will I be suing?
This all depends on your situation and where, when and how you were exposed to asbestos. You may have been exposed by your employer many years ago; your exposure may have been the result of a faulty product that contains asbestos; or you may have been exposed through contact with someone that worked with asbestos. Your lawyer will advise you on the best route to take with your compensation claim.
Can doctors be sued for not diagnosing the disease quickly enough?
Although cases have been filed for medical negligence, this is a tricky area. Because the disease takes so long to properly manifest, it is often at quite a late stage by the time you seek medical assistance and a diagnosis is made. Furthermore, the symptoms of mesothelioma are very non-specific which means that they could be associated with a number of other common diseases. If your doctor is not aware of your connection with asbestos, there is a good chance that he or she will test and treat your for a number of other diseases before testing for mesothelioma. To avoid this happening, you should always make your doctor aware that you have been exposed to asbestos, as this will give him the information he needs to make an informed diagnosis and prescribe early treatment.
What does the compensation cover?
The compensation you receive is to cover a number of things. Firstly, you may have run up enormous medical bills getting tests and treatment for your illness. Secondly, you have every right to be compensated for the pain and suffering you have experienced as well as the mental anguish and grief suffered by yourself and your family. And thirdly, your family has a right to be financially secure after you have gone, and the companies responsible for your terminal illness should be liable to pay for this financial security.
Is my lawsuit guaranteed to be successful?
There are no guarantees, but providing you find a lawyer as soon as possible (within the time limits set by your state) and you are able to help your lawyer put a good case together by providing the necessary information a quickly as possible, then you stand a good chance.
Will a lawyer charge much for his services?
The good news is that most mesothelioma lawyers will not charge any up front fees at all. Even if they have to hire an investigator to do some research to help your case, they normally foot the bill for this. These lawyers work on a contingency fee, which means that the only money they take is from your compensation payout if and when you are successful. No compensation for you means no fee for the lawyer. If you do get compensation, the lawyer does take a cut as his fee – normally around 35%.
What if I have missed the deadline within which I can file a claim?
You must always seek legal advice within the statutes of limitation as according to your state, as this will maximise your chances of a successful lawsuit. However, if for any reason you have missed the deadline, there is no harm in contacting a lawyer anyway to see whether there is anything that can be done. Your lawyer may have an idea of how to get around this, but a missed deadline normally means that your chances of success are slim.
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Posted on Sunday, April 2nd, 2006. Filed under: MesotheliomaYou can leave a response, or trackback from your own site.