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Mesothelioma is a rare form of cancer that can be caused by exposure to asbestos. Unfortunately, mesothelioma is often diagnosed too late and the victims are left with limited options for treatment and recovery. For this reason, many have turned to lawsuits in order to seek justice and compensation for their suffering. This article will provide an overview of the different types of lawsuits available for mesothelioma victims and their families.
The main types of lawsuits for mesothelioma victims are product liability, negligence, and wrongful death. Product liability lawsuits are based on the theory that the product was manufactured with a defect that caused the mesothelioma. Negligence lawsuits are filed when a company or individual has failed to take proper care in the production or handling of asbestos, resulting in the victim’s exposure. Finally, wrongful death lawsuits are filed when the victim passes away due to their illness.
Types of Lawsuits for Mesothelioma
Product Liability: Product liability lawsuits are based on the idea that the product was manufactured with a defect that caused the mesothelioma. This can include asbestos-containing products such as insulation, roofing, siding, drywall, gaskets, and other construction materials. The plaintiff in a product liability lawsuit must prove that the product was defective and that the defect caused the mesothelioma.
Negligence: Negligence lawsuits are filed when a company or individual has failed to take proper care in the production or handling of asbestos, resulting in the victim’s exposure. These lawsuits are typically filed against employers, property owners, and manufacturers of asbestos-containing products. The plaintiff must prove that the defendant was negligent in their handling of the asbestos, which caused the victim to be exposed and develop mesothelioma.
Wrongful Death: Wrongful death lawsuits are filed when the victim passes away due to their illness. These are typically filed by the victim’s family members. The plaintiff must prove that the defendant’s negligence resulted in the victim’s death.
Statute of Limitations
It is important to note that there are statutes of limitations for filing lawsuits for mesothelioma victims and their families. The statute of limitations varies from state to state and can range from as little as one year to as much as ten years, depending on the type of lawsuit. It is important to file the lawsuit within the time frame set by the statute of limitations in order for the case to be considered valid.
Damages Available
The damages available to mesothelioma victims and their families can vary greatly depending on the type of lawsuit and the circumstances of the case. The damages can include medical expenses, lost wages, pain and suffering, and even punitive damages. The amount of these damages is determined by the court and can be substantial.
Conclusion
Lawsuits for mesothelioma victims and their families can be a powerful way to seek justice and compensation for the losses suffered due to the illness. There are several types of lawsuits available, each with its own set of requirements and limitations. It is important to understand the statutes of limitations and the types of damages available in order to ensure that the case is filed correctly and that the victim and their family are adequately compensated.
Summary Table:
Type of Lawsuit | Statute of Limitations | Damages Available
————— | ——————— | —————–
Product Liability | Varies by state | Medical expenses, lost wages, pain and suffering, punitive damages
Negligence | Varies by state | Medical expenses, lost wages, pain and suffering, punitive damages
Wrongful Death | Varies by state | Medical expenses, lost wages, pain and suffering, punitive damages
