A mesothelioma lawsuit is an adversarial complaint or case filed in court by any victim of mesothelioma in order for him to recover whatever damages he or she may have incurred as a result of a sickness, such as cancer, that may have developed due to the side effects of asbestos. It helps any victim of mesothelioma in recovering moral damages, as a result of his suffering and pains. Also, actual damages in reparation for whatever income he may have lost. This includes hospital bills, medicines and expected earnings.
The victim, through a mesothelioma lawsuit, may also ask the court to grant him any relief owed to him as the court may deem proper.
What is mesothelioma?
Mesothelioma is a kind of sickness fatal to humans. It is a result of an exposure to asbestos and may develop into cancer. The mesothelium surrounding the vital organs of the body is destroyed due to such exposure. It also affects the brain, heart and reproductive organs.
Who may be at risk?
There are more than 5000 products that can be manufactured from asbestos. Asbestos is a kind of mineral that is added to a certain product such as vehicle brakes and other building materials. People mostly affected are those people working in construction industry, factories, shipyard, railroad and automotive.
Legal personality of the compliant
Persons who have the legal right to file a mesothelioma lawsuit are those who are directly affected by these toxic products and those who came in close contact with the affected employees such as family members. If the complainant is dead, his or her legal heirs may continue the case.
Duration of mesothelioma lawsuit
The case may drag for quite some time due to adversarial counter allegations by either party. The mesothelioma lawsuit may also be shortened if the lawyers on both parties agree on an amicable settlement, which the court will mandatorily require. If either party does not agree to an amicable settlement, then it may take a longer period towards settlement. Claims must be filed within two years within contestability period from the diagnosis of the disease, otherwise, the claims will forever be barred.
A mesothelioma lawsuit may be filed where the factory's main office is situated, in the place of employer's residence or where the lawyer may choose to file the mesothelioma lawsuit.
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