Cngj Law
Law Blog

Tips for Filing A Mesothelioma Lawsuit

Mesothelioma is a type of cancer typically associated with exposure to asbestos. Because of the high risks involved in this particular material, its use in construction has been highly discouraged over the years. Up to now, however, a complete ban of it in the market has yet to be made official.

A person exposed to asbestos over a long period of time may be afflicted with mesothelioma, but not manifest symptoms until it is too late for diagnosis and treatment. If you or a loved one feels that the cancer was acquired due to wrongful exposure to asbestos, you may want to consider filing a lawsuit for compensation.

Hire a Lawyer

As with any legal matter, the first thing you should do is consult with a professional. Because it is such a niche issue, there are lawyers whose area of practice is focused on mesothelioma lawsuits. This is the lawyer that you should specifically approach for your case.

The main benefit of hiring a lawyer is that they will do all the legwork for you during the case, including representing you in court and negotiating for mesothelioma settlement amounts. Proving liability is especially going to be hard, so you would need someone who can draw up a sound plan and strategy to get the best results.

Compile Evidence

Your lawyer will help you gather all the evidence needed, including work history, medical records, and other proof that will show wrongful exposure to asbestos. You will have to do your part and provide the leads as to where these pieces of evidence can be found, though.

If the exposure was from a long time ago, it’s also possible that compensation will be difficult to seek because the property is long gone, or the company allegedly responsible for the exposure no longer exists.

In that case, your lawyer should be able to give you an objective guide to the next steps you can possibly take.

Establish Causation, Liability, and Impact

Having mesothelioma is undoubtedly unfortunate, but to have a truly strong case for liability, it must be clearly established that there are a correlation and a causation between exposure to asbestos from a particular location to the development of the cancer.

Tracing the timeline from the moment the symptoms first manifested back to the time of possible exposure will be pivotal in proving your case. Mesothelioma, in particular, develops aggressively but very quietly. This is why many cases are left undetected until it is too late for treatment.

If your lawyer can clearly trace the connection between exposure and diagnosis, then you stand to gain a better chance at winning your claim for compensation.

Comments are closed.