A mesothelioma diagnosis is life-changing. Caused by exposure to asbestos, this rare and aggressive cancer often leaves families searching for answers and options. While legal action can provide much-needed financial relief, the success of a mesothelioma lawsuit is by no means guaranteed to be successful based on diagnosis alone. These lawsuits require hard work on the part of skilled, experienced mesothelioma and asbestos legal counsel capable of creating and implementing a strategic legal plan tailored to the complexities of asbestos cancer claims.
Start With Verified Medical and Exposure History
The foundation of any mesothelioma lawsuit is a confirmed pathologic diagnosis of malignant mesothelioma. Ideally, medical reports generated from biopsy procedures will establish a solid diagnosis of pleural or peritoneal mesothelioma.
This is not always the case, however. For example, it is not uncommon for a patient’s treating doctors to equivocate on the nature of a particular cancer, or simply come to the incorrect diagnosis. Additionally, some patients present to doctors late in their cancer’s progression, making it inadvisable to conduct a biopsy without risking the patient’s life. Experienced legal counsel in mesothelioma claims know a mesothelioma when they see one (even if the occasional doctor doesn’t) – they will have established relationships with medical experts who can examine pathology materials or conduct autopsies to firmly establish a mesothelioma diagnosis.
Once a solid mesothelioma diagnosis is confirmed, a client’s exposure history must be quickly established. Lawyers experienced in mesothelioma claims develop an expertise in uncovering and proving asbestos exposure. A mesothelioma client’s employment history is often the starting line. In-depth interviews with the client and co-workers begin, supplemented by a review of union documents, military service records, and a mesothelioma law firm’s library of historic asbestos documents from companies that made, manufactured, sold, and used asbestos products. When the client’s exposure history is determined, the case is ready to be filed and prosecuted.
Understand the Mesothelioma Lawsuit Timeline
Legal action often needs to move quickly due to state filing deadlines known as statutes of limitations. Once a lawsuit is filed, the discovery phase of litigation begins, which allows each party to obtain information and evidence from the opposing party. It is not uncommon for settlements to occur during the discovery phase, given the potential for success in court. If a case does not settle, it will proceed to trial, and if won, the amount awarded could be significant.
Working with a law firm that has experience in asbestos litigation ensures the timeline stays on track from start to finish.
File Claims With Asbestos Settlement Trust Funds
In addition to civil lawsuits, many clients are eligible for compensation through asbestos trust funds, created through federal law. There are many individual asbestos trust funds (contrary to some television advertisements, there is no one, single trust fund that pays mesothelioma patients millions of dollars). Most clients will qualify for only a subset of these trust funds, depending entirely on a particular exposure history which must be proven and documented. Experienced mesothelioma lawyers will establish which trusts a client is likely to qualify for and tailor the case as a whole to maximize recovery from both the civil and bankruptcy trust angles. This can be a delicate exercise.
Strengthen the Case With Expert Testimony
Expert testimony is always a key component of a strong asbestos lawsuit. Occupational medicine and safety specialists can help establish how exposure occurred, while doctors connect the exposure to the mesothelioma diagnosis. These experts give juries and judges the information necessary to understand how the disease developed and why the responsible party should be held accountable.
Maximize Compensation
Mesothelioma cases are often times resolved short of trial. However, mesothelioma attorneys must be willing and prepared to push a case all the way through verdict if the circumstances warrant; open and honest communication with the client is key here, so that the client understands the pros and cons of going to trial against a particular defendant or group of defendants.
Mesothelioma settlements can provide substantial compensation for victims and their families, with payouts reaching into the millions. It is important to note, however, that results like these are by no means guaranteed. If exposure to asbestos products cannot be factually established, and legal liability for this exposure cemented and proven, meaningful compensation will be difficult to achieve.
Because every case is different, having a law firm that understands how to assess value and negotiate strategically is essential to securing the best possible outcome.
Work With a Team That Knows Asbestos Law
Navigating a mesothelioma lawsuit is complex, but you don’t have to face it alone.
The attorneys at the O’Brien Law Firm bring decades of experience handling asbestos cases and understand the urgency and care these claims require. We are experienced and skilled at identifying exposure sources and implementing a prosecution plan that will best compensate our mesothelioma clients, through negotiating civil settlements, pushing cases out to trial, and pursuing trust fund compensation. We manage every step with precision and compassion.
If you or someone you know has been diagnosed with mesothelioma, contact us for a free consultation and to explore your legal options. Our reputable asbestos lawyers are here to help you navigate the legal process, seek justice, and secure the compensation you deserve.