KCIC Consulting states that in 2024, about 90% of all asbestos claims were for lung cancer or mesothelioma. 

If you have been diagnosed with mesothelioma, you likely wonder if you can sue someone for adverse effects. And the good news is most people exposed to asbestos at work, environmentally, or even secondhand may sue for damages. People who have been diagnosed with mesothelioma and some family members may be able to file a mesothelioma lawsuit in the US.

Mesothelioma lawyers from Wallace and Graham recommend filing a claim as soon as they are diagnosed, as the average time to file a mesothelioma lawsuit is two years after the discovery of the disease, but the exact period varies by state.

Before you rush in, know the eligibility criteria and steps involved; knowing them will prepare you well to negotiate this difficult arena.

Understanding Mesothelioma and Its Causes

Mesothelioma is another name for mesothelioma cancer, which attacks primarily the thin lining around the lungs, the heart, or the abdomen. This deadly disease is mostly induced by prolonged asbestos exposure, a material used in construction and shipbuilding industries.

Asbestos fibers would have entered the lungs and gotten trapped in the human body for several years, thereby creating an inflammatory reaction and causing cellular damage. Generally, symptoms manifest slowly after an exposure to asbestos fibers; often, this develops after very many years, being almost impossible to diagnose early. There could be shortness of breath, chest pain, or abdominal swelling.

Keeping in view these risks is vital if you have been in shipbuilding, construction, and the like. If you know what causes the disease and its symptoms, you will be better able to do your part with regard to health or see a doctor on time.

Eligibility Criteria for Filing a Mesothelioma Lawsuit

If you should have been diagnosed with asbestos-related mesothelioma, then filing a lawsuit may be an option.

First of all, the diagnosis has to be established as a result of asbestos exposure by occupational, environmental, or secondary means.

Additionally, you have to prove that this was an asbestos exposure within a particular timeframe and at a certain site often associated with certain industries or products.

Make sure to verify that the statute of limitations has not expired, as it varies among different states.

Medical records and evidence of asbestos exposure should be enough evidence to support your claim and win the case.

Types of Mesothelioma Lawsuits

While pursuing a mesothelioma lawsuit, it is helpful to be aware of the types available.

There are two types of lawsuits: 

• Personal injury 

• Wrongful death 

A sick mesothelioma victim has a personal injury lawsuit against defendants that caused asbestos exposure. Usually, damages sought by an injured party include all medical expenses, lost wages and physical pain and emotional suffering.

If a loved one has passed away from mesothelioma, a wrongful death suit should be filed to recover damages for loss of companionship, funeral expenses, and other damages.

The Legal Process of Filing a Lawsuit

Once you get to know which mesothelioma lawsuit to pursue, the legal process becomes very important to effectively go along with.

Collect everything relating to your medical records, history of employment, and any evidence to link your exposure to asbestos.

Meet with an attorney who is very well experienced in mesothelioma cases - the insight of attorneys will be mighty helpful to you in understanding the inconsistencies of legalities.

Your attorney would bring suit before the court, making sure all documents are rendered conformable to legal refractions. 

Once the lawsuit is filed, the defendant will respond, and the discovery period will begin, during which both parties exchange information. 

Stay in touch with your lawyer to be updated about your options and check on your obligations as the case proceeds.

Key Steps to Take When Pursuing Compensation

The mesothelioma compensation factor can sometimes appear very daunting, but trying to break it down into mild stages makes each little step easy to accomplish.

You must first gather all records and documentation concerning all of your medical history. These should cover the diagnosis and treatment.

Identify who you feel is responsible for your exposure, whether employers or manufacturers.

Find yourself an attorney who specializes in mesothelioma cases who will guide you through this legal maze.

Once you have obtained legal counsel, your attorney will inform you whether it is best to proceed with a lawsuit or simply attempt to settle.

Be prepared for an emotional ride during the processing of your case. While it may take some time to receive any compensation, you are on the right path.