Mesothelioma is an aggressive and rare form of cancer primarily caused by asbestos exposure in the workplace. People diagnosed with mesothelioma often seek compensation from at-fault parties. These lawsuits seek justice for the victims suffering from the harm and damage the asbestos exposure caused.
Although mesothelioma isn’t always caused by asbestos, that is the primary cause of its development. Asbestos is a naturally occurring mineral that has been used in several industries, including construction, manufacturing, and more.
Some workers in these industries had repeated asbestos exposure, which put them at high risk for developing mesothelioma. Secondary exposure to asbestos can also cause sickness if someone is exposed to a friend or family member with asbestos fibers in their clothes.
There is a legal basis for mesothelioma lawsuits because of product liability and negligence laws. A company that knows about the dangers of asbestos but fails to protect or warn its workers is possibly liable for any asbestos-related illness the workers develop.
Types of Mesothelioma Lawsuits
There are several types of lawsuits you can file if you have asbestos-related Mesothelioma. You can speak with a mesothelioma attorney for information on the best lawsuit for your situation. However, your choices generally include:
- A personal injury lawsuit. A personal injury lawsuit is filed by a person diagnosed with mesothelioma after workplace exposure. The person wants compensation for medical expenses, lost wages, pain and suffering, and other damages related to their cancer.
- A wrong death lawsuit. A wrongful death lawsuit is filed by family members of someone who has died from mesothelioma. The family seeks compensation for the loss of their loved one, the pain and suffering of the loved one, and related expenses.
- A class action lawsuit. A mesothelioma class action lawsuit is filed by several people who join together in what’s known as a class. The people in the class were either exposed to asbestos by the same company, the same manufacturer, or the same product. These people join together to seek compensation from the at-fault party or parties.
The Legal Process
Filing a mesothelioma lawsuit can become complicated. Identifying the at-fault party or parties at fault for the asbestos exposure is important. But it’s possible to have several at-fault parties for one case.
It’s also necessary to have solid evidence that supports the claim. Getting this evidence often requires gathering medical records, work history, and proof of where, when, and how the asbestos exposure occurred.
In some cases, a lawsuit involving mesothelioma might not go to court. The at-fault party or parties might decide to offer a settlement. In exchange for staying out of court, the plaintiff is offered a settlement that covers compensation for their pain and suffering.
How Can Asbestos Cause Mesothelioma?
Mesothelioma lawsuits became common as more workers started getting sick from asbestos exposure. Many of these people worked for years, unaware that their jobs were making them sick.
According to the American Cancer Society, asbestos exposure is the main risk factor in the development of mesothelioma. When asbestos fibers are inhaled, the fibers get into the lungs and enter the lining of the lungs and chest wall. These fibers injure the cells, which can result in mesothelioma.
In addition to mesothelioma, asbestos exposure can cause lung cancer and asbestosis. Another form of mesothelioma, known as peritoneal mesothelioma, can develop when asbestos fibers are coughed up but then swallowed. This type of mesothelioma affects the abdomen instead of the lungs.
Asbestos is fire and heat-resistant, which accounts for its use in many products. But now that the link between mesothelioma and asbestos is widely known, asbestos is rarely used in the United States. However, millions of workers and their families have already been exposed.
The chance of developing mesothelioma depends on how long and often a person is exposed to asbestos. If a workplace exposes a person to asbestos on a daily basis, that person is at high risk for developing an asbestos-related illness.
It can take anywhere from 20 to 50 years for mesothelioma to develop after asbestos exposure. That’s one reason why lawsuits involving mesothelioma can become complicated. It’s not easy to trace a person’s exposure because of how much time might have passed. That’s why there are lawyers who specialize in handling mesothelioma and asbestos lawsuits.