As you undergo your treatment for mesothelioma, the prospect of a lawsuit can seem almost insurmountable. However, New York mesothelioma attorney, Gary Falkowitz can give you the help you need by assisting you in understanding how to be successful in your asbestos lawsuit.
What Types of Mesothelioma Lawsuits Are There?
The type of lawsuit you can file will depend on whether you are the patient, which would be a personal injury lawsuit or the loved one of a patient who has passed away which would be a wrongful death lawsuit.
When is A Mesothelioma Personal Injury Lawsuit Filed?
There are specific criteria that must be met to file a mesothelioma personal injury lawsuit. They include:
- The suit is filed after you’ve received your mesothelioma diagnosis.
- The lawsuit is filed against the company most likely to be responsible for your asbestos exposure.
- You can claim specific damages caused by your asbestos exposure.
- You can recover monetary compensation for treatment, lost income, travel, pain and suffering, and any other related costs.
When is a Mesothelioma Wrongful Death Lawsuit Filed?
A mesothelioma wrongful death lawsuit is filed as described below:
- A surviving family member submits the claim after your loved one has died due to mesothelioma
- The lawsuit is filed against the company or companies responsible for the exposure to asbestos that caused the mesothelioma that led to your loved one’s death.
- The surviving family member may be able to recover monetary compensation that is related to funeral expenses, medical bills, lost income potential, loss of consortium, and other associated costs.
What Are Individual, Class Action, and Multidistrict Lawsuits Related to Mesothelioma?
There are three different ways to handle your mesothelioma lawsuit: individually, class action, or multidistrict.
What is an Individual Mesothelioma Lawsuit?
In an individual mesothelioma lawsuit, you would file it against one or more companies that caused your mesothelioma due to asbestos exposure.
Both you and the defendant(s) will file motions and present their evidence to the judge. A resolution will be reached when a settlement is offered and accepted or when the case goes to trial, and the jury reaches their verdict.
What is a Class Action Mesothelioma Lawsuit?
Either you or a group of people files a lawsuit who have similar injuries caused by the same incident. A few hundred to over a million people can file a class-action lawsuit.
In a class-action lawsuit, you will decide whether or not you want to remain a part of a class-action lawsuit or opt-out. Most asbestos lawsuits are filed individually or as part of multidistrict litigation.
What is a Multidistrict Mesothelioma Lawsuit?
A multidistrict lawsuit involves many people filing an individual claim using a process that regularizes multiple similar conditions. This allows the lawsuit to move quickly and enable the court to handle many cases without putting you into a single class.
The leading multidistrict litigation handling the cases of mesothelioma is MDL. 875, In re: Asbestos Products Liability Litigation. This is managed by the Eastern Pennsylvania District of the United States District Court. It is comprised of over 186,000 cases and was formed in 2006.
New York attorney, Gary Falkowitz has the knowledge and experience to provide you with the information you require and advise you on which option is best for you.
A mesothelioma lawsuit may be able to bring you financial support and is less stressful than you realize.
What are the Benefits of Filing a Mesothelioma Lawsuit?
While the prospect of a mesothelioma lawsuit appears stressful, it’s important to remember that the companies that caused your asbestos exposure needs to be held accountable, and filing the actual mesothelioma lawsuit will require very little work by you or your family.
Some of the benefits of filing a mesothelioma lawsuit include:
- Damages and Compensation: One of the main reasons to file a mesothelioma lawsuit is to receive compensation for lost wages, medical expenses, and other changes to your life. Additionally, the money may help you receive more treatment options that may be otherwise unavailable to you due to the high out-of-pocket costs.
- Out of Court Settlements: In successful mesothelioma lawsuits, the majority of them are settled out of court. This allows you to receive your compensation in a much faster manner than if your case went to trial.
- Less Stress: An experienced attorney, such as New York attorney, Gary Falkowitz, will travel to meet you and take on most of the aspects of your case.
How Long Do I Have to File My Mesothelioma Lawsuit?
There is a stature of limitations on mesothelioma cases. This means that you only have a certain amount of time to file your mesothelioma lawsuit. The amount of time you have varies from state to state, where the exposure took place, and several other factors.
Some states only give you one year from the date you were diagnosed with mesothelioma to file your claim, and a lawsuit can take months to investigate to determine who is liable. You should hire New York attorney, Gary Falkowitz as soon as possible to ensure your lawsuit is filed before the statute of limitations expires and you won’t be able to collect the compensation you deserve.