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Litigation for mesothelioma justice is a common way for victims of asbestos-related disease to secure the compensation they deserve. By suing or holding a company accountable in the eyes of the law, you are a.) setting a precedent to prevent future harm; and b.) making monetary justice available to other asbestos victims. Additionally, it can be an outlet for personal grievances and losses. Litigation isn’t always necessary to access funds that have been set aside for victims of asbestos-related disease.
“Litigation” refers to a formal legal proceeding in which defendants and plaintiffs try to negotiate a settlement to fairly compensate the plaintiff for their asbestos-related disease. If the two parties are unable to reach an agreement, the case will go to the court and a jury will decide a fair settlement. In a majority of mesothelioma cases, the defendant is a negligent company (or employer) that knowingly exposed the plaintiff to asbestos.
In the context of mesothelioma, most cases are “personal injury” cases, meaning that plaintiffs are searching for compensation for being wronged, injured, or damaged by the defendant. Other times, mesothelioma cases are filed as “wrongful death” cases, in which the claim is filed on behalf of a loved one that passed away due to an asbestos-related disease. Regardless of the type of claim, the defendant and plaintiff negotiate fair settlements. The type of claim doesn’t affect the outcome of the settlement.
The statute of limitations in Pennsylvania prevents people from filing a lawsuit (or any kind of mesothelioma claim) beyond two years after diagnosis. This means that you, a loved one, or a family member can file for your mesothelioma claim, so long as they do so within the two-year timeframe after diagnosis.
Litigations will require a.) proof of an asbestos-related disease; b.) proof of the company’s negligence, along with documented years of employment, consumer habits, or other proxies for asbestos exposure; and c.) an experienced mesothelioma attorney. Mesothelioma attorneys help with streamlining the process of both preparing and engaging in the litigation. Additionally, experienced attorneys will know how to negotiate best on your behalf—they know how to navigate claims in a way that’s most beneficial for you.
Most times, formal litigations—like a court hearing or negotiations with companies—are not necessary to access mesothelioma funds or for mesothelioma justice. More often, mesothelioma attorneys will help you navigate the claim process, in which you can access trust funds that are reserved for victims of asbestos-related diseases. Most times, accessing trust funds only requires documentation of an asbestos-related disease and something that qualifies that disease as being related to a certain company’s negligence. Most litigations—especially ones that resulted in company bankruptcy—already happened in ways that facilitated ease of access to trust funds.
Our website is filled with information on filing asbestos-related claims. Call us today at (800) 505-6000 or fill out our simple contact form for more information. You can also download our free eBook filled with information on asbestos trust funds right through our website. We help asbestos-related disease victims and their families in Pennsylvania.
Sources:
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTMhttps://www.rand.org/content/dam/rand/pubs/technical_reports/2010/RAND_TR872.pdf