Mesothelioma Settlement After Death: What To Expect – People exposed to asbestos are at higher risk of developing mesothelioma later in life and suffer devastating consequences including death. Unfortunately, most mesothelioma diagnoses are a direct result of careless occupational exposure to asbestos such as poor quality equipment or used exposure. Victims and their families are usually entitled to financial compensation from companies that used asbestos or asbestos-containing products through several legal options. If you are planning to file a claim for yourself or a loved one, it is important to first understand the average mesothelioma case timeline and how long it will take for a mesothelioma claim to pay.
After a patient receives a mesothelioma diagnosis, there is little time to file an asbestos lawsuit. The statute of limitations determines the amount of time a victim or their family has to file an asbestos lawsuit. The exact time frame varies by state. The process takes time and it is important to act immediately and meet with a lawyer and explain your experience. Each stage of the process takes a certain amount of time to complete, ranging from a few weeks during the “start-up” to a year for “testing”. However, the most important thing is to have a skilled and experienced lawyer who can not only provide you with the right legal advice but can also connect you with the most experienced doctors in the field.
Mesothelioma Settlement After Death: What To Expect
Mesothelioma litigation does not have to be complicated. If you are well prepared, you can face the situation and ensure a good outcome. There are several steps each patient must take before receiving benefits, including:
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When you or a family member decides to file a claim, it’s time to find the right representatives. Finding an experienced mesothelioma attorney to represent you and navigate your case is important and will greatly influence your compensation decision. They will be the main voice of the case, collect all relevant documents and even investigate the companies responsible for the asbestos exposure.
Once you’ve found a representative, it’s time to sit down and gather all the available information. Your attorney will assess the situation based on your health history, length of exposure, and medical diagnosis. They will advise you on the best way to proceed with your case as there are different types of claims to consider.
After you have discussed the available options with your attorney and decided what type of claim to file, it is time to start gathering all the relevant documents. This includes your diagnosis of mesothelioma and proof that you were exposed at work. A lawyer can help you secure this information.
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Once you have all the relevant documents, it’s time to file the claim. The legal venue, or where the claim is filed, is also very relevant, as a lawsuit can be filed in one of several states based on a number of factors. Your attorney will determine the most appropriate place to file your case.
The defendant, or company responsible for your exposure to asbestos, will receive a copy of the complaint and will have their own legal counsel. They will have the opportunity to refute your complaint by gathering all the information they have about you, your work and health records. Typically, companies will deny any responsibility and claim that asbestos exposure occurred elsewhere. This is a standard legal approach and your lawyer will be prepared for it.
This is also known as the discovery phase. Your attorney will begin gathering all available evidence from the asbestos companies, and the defendant’s attorneys will also request information from you. They may ask about your illness or other relevant information about the case, and you may even be asked to make a statement. A report is sworn testimony out of court that can be used at trial.
Mesothelioma & Asbestos Claims Payout Timelines
Cases only go to court if no settlement agreement is reached, but this rarely happens. Usually, the defendant does not want an adverse conviction on their record, so the defendant’s attorney will make an offer. Both sides talk until an agreement is reached. In the unlikely event that the case goes to court, you may be required to testify about your illness and work history. A judge or jury will make the final decision or verdict.
It may take some time to receive payment. There is always the possibility that the defendant can appeal. This only happens if another court is asked to verify the legality of the case, however, there is only a short window, from 30 to 160 days to appeal. On average, patients receive benefits from three months to one year. However, it may take some time in some cases.
Let’s take a look and see how much your case will cost. You have legal rights and may be entitled to compensation.
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If you think a family member or close friend may have been exposed to asbestos at work or at home, the first step to take is to start an interview with an attorney. There are many options so it is important that your attorney has experience with mesothelioma and asbestos cases specifically to ensure that you receive the right treatment. If you think our expertise could help, you can learn more about our legal options and fill out a free case evaluation form. Mesothelioma is a cancer that affects the thin membranes that protect some of the body’s most important organs, including the lungs, stomach and heart. Treatment for this disease may include surgery, chemotherapy, radiation therapy, and immunotherapy.
Doctors use staging to indicate how far cancer has spread throughout the body because it helps cancer teams share information about cases and make important treatment decisions for their patients. What are the four stages of mesothelioma?
The stage of mesothelioma describes how far it has spread (metastasized) from where it first appeared in the protective lining of the lungs, stomach or heart. Generally, the further the mesothelioma has spread, the later doctors develop the disease.
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It is important to note that mesothelioma is the only type of mesothelioma that uses a cancer staging system. Other types such as peritonitis and pericardial neoplasms are less common than pleural neoplasms and therefore more difficult to stage accurately.
Mesothelioma staging helps oncologists determine the best treatment plan based on how far the disease has spread from the pleura, the protective lining of the lungs. Early-stage mesothelioma, where the disease has spread less, includes stages 1 and 2, while advanced stages include stages 3 and 4.
The growth of a stage 1 pleural tumor is limited to one area of the chest where the tumor forms in the pleura of the lungs. The pleural lining is the thin membrane that lines the lungs, chest, and diaphragm and separates the abdomen from the chest cavity.
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In stage 1, the tumor may also spread from the outer lining of the lung (closer to the chest wall) to the inner lining (closer to the lung itself).
Patients diagnosed with stage 1 mesothelioma have the most favorable prognosis compared to advanced stages of the disease. Stage 1 tumors respond better to curative treatment — such as surgery, chemotherapy, or radiation — because the tumor is confined to the lining of one lung and is easier for doctors to remove.
As in stage 1, most of the tumor growth in stage 2 still occurs in the lining of the lungs. However, at this point, cancer cells can spread to the patient’s chest walls, diaphragm, nearby lymph nodes, or the lungs themselves.
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Patients diagnosed with stage 2 pleurisy have a similar prognosis to patients with stage 1. Stage 2 patients are still eligible for curative treatment that can prolong life expectancy.
Invasion of at least one – or all – of the following: lung, diaphragm, surrounding lymph nodes and the protective lining of the heart.
The prognosis of patients diagnosed with stage 3 mesothelioma is closely related to age and general health. Those who are healthy and can tolerate surgery may be eligible for treatment that can extend life expectancy beyond normal. Surgery is usually not an option for stage 3 pleural mesothelioma.
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The tumor has spread far beyond the lining of the lungs. At this stage, cancer cells and secondary tumors may exist in larger areas of the chest wall, diaphragm, lining of the heart, and lymph nodes located away from the lining of the lungs.
Patients diagnosed with stage 4 mesothelioma may have an average of less than 12 months. Stage 4 patients may not be eligible for standard treatment options such as surgery. However, patients have other options. Palliative treatments reduce the pain caused by the disease and have shown benefits in some cases.
Patients can also talk to their doctors about new treatments that researchers are testing in clinical trials. Some experimental treatments currently in clinical trials may become standard treatments and may lead to cures in the future.
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Doctors use imaging tests and biopsies to visually confirm how far mesothelioma has spread. The results of the analysis help them decide which treatments are right for your needs and which will have the most positive effect on your prognosis.
Each type of scan gives them visual information about growth and spread
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