What You Will Need to File the lawsuit
There is a lot of paperwork involved in filing a mesothelioma lawsuit. The hardest part is that the person filing has to prove that their exposure to the asbestos at a certain location. This is difficult to prove because the mesothelioma can occur twenty to thirty years after being exposed to asbestos. In this time:
- the asbestos may have been removed,
- the records of the removal may have been lost
- the company may no longer exist
- the coworkers may have died
- there may have been more than one company where there had been exposure – making it difficult to narrow down.
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A good lawyer should be able to find:
- the origins of the asbestos exposure,
- others who are suffering
- documents stating when the asbestos was removed
- any other vital information to support the case
For those who file a lawsuit, it’s very important to first prove where the asbestos fibers were inhaled, then to prove the person has mesothelioma.
With the changing law, a person who has just been diagnosed may not be able to file unless they are terminally ill. Currently, there is no statute of limitations for when a suit can be filed, however that could change in the future.
Until the laws change, an attorney can easily file a suit. Often the patients don’t even have to testify. The monetary amount is decided by a jury or in a settlement agreement with the company. This process can take weeks or months depending on the courts.
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