Mesothelioma is a deadly form of cancer that most commonly impacts the lining of the lungs. The disease is caused by long-term exposure to asbestos and can affect even those unaware of being exposed at the time. Asbestos was known for its strength and durability, but many countries banned its use once it was declared a health hazard.

It takes roughly 20-50 years for the disease to develop and show symptoms. Unfortunately, the prognosis of mesothelioma is extremely poor and the median survival rate of this disease is 4-21 months only! This is why the news of the diagnosis can be a life-altering event for the patient and their loved ones. It is important to be aware of how the state protects the rights of patients with mesothelioma and their families.

Mesothelioma lawsuits and claims

Many state legislatures pass bills that provide comprehensive guidelines on claiming compensation from their employers or liable companies supplying their consumers with products containing asbestos.

If you or your loved one suffer from mesothelioma, you may be entitled to financial compensation, as per the laws of the state. You should contact an attorney specializing in mesothelioma lawsuits to get the maximum payout you deserve. You can do thorough research over the internet and find someone nearby to guide you through each step and highlight different factors that can affect your payout.

Your location and settlement claim

You may have heard that different states have different jurisdictions regarding mesothelioma claims. The jurisdiction of a state refers to the authority of a court to hear and resolve cases.

One of the most common questions that patients ask attorneys of mesothelioma is how their location affects their mesothelioma settlement claim. After all, every state in the US has different legislation relating to asbestos, which can directly impact the amount of compensation a person receives.

Some states have stricter laws than others when awarding damages to third-party defendants who have been found liable for asbestos-related illnesses (such as mesothelioma). Many states have established statutes of limitations that dictate how long an injured party has to file their lawsuit against the responsible party or parties after their injury occurs.

Where to file a claim

You should consider the state in which:

• You lived
• You worked and were exposed to asbestos
• The companies responsible for your exposure are/were located.

The victim’s location is especially important in cases involving multiple defendants, such as those that arise from a shipyard accident or exposure at work. The victims may file a lawsuit against several parties, including the employer and an insurance company in these situations. If they live in different states, they may be able to file a class-action lawsuit and receive compensation from all of them at once.

However, if they live in different states and choose not to file a class-action lawsuit, each defendant will have their own set of laws governing how much compensation they must pay out. This can lead to drastically different verdicts depending on where their case was tried.

Statute of Limitations

Statutes of limitations are laws that establish the amount of time you can wait before filing a lawsuit for damages. For example, Florida has a statute of limitations for personal injury claims which requires claimants to file their lawsuit within three years from discovering their injury or when they should have known about it. In other words, after three years pass from when an injury occurs, then you must file suit within that time or lose your right to do so forever.

However, there are exceptions to these rules, which allow people more time than three years if they did not know about their injury until later on (such as if they were unaware that their illness was caused by asbestos exposure). Your attorney will guide you better if your case qualifies the statute of limitations or not.

Payout

The number of compensation victims receive for their injuries varies widely depending on where they live. A person living in one state may receive far more compensation than someone living in another state, even though both were exposed to the same level of asbestos fibers.

A recent settlement awarded $6.76 million to an auto mechanic in Florida. An army veteran got $4.3 million in a settlement after being diagnosed with this deadly disease.

On the other hand, in 2017, a woman named Marlena Robaey was awarded $75 million who claimed that she developed mesothelioma due to secondary exposure in the New York state.

The amount of compensation varies from state to state, but it typically covers medical bills, lost wages, and any other expenses related to the disease’s progression. Some states also offer additional compensation for suffering caused by an employer’s negligence, such as pain and suffering awards or punitive damages.

Other factors affecting case value

As you consider how much your potential mesothelioma claim is worth, several other factors affect your case and may impact your settlement, including a reduction in the settlement amount.

• Legal options – settlements, verdicts, and trust funds have different payouts
• Type of diagnosis
• Occupational history
• Marital status, number of dependents
• Lost wages
• Medical expense
• Evidence against the companies you sue
• Type of fiber of asbestos and your exposure

Conclusion

It is always important to understand mesothelioma law and its role in filing a claim. When it comes to asbestos-related medical claims, even a detail like where you live or were exposed to asbestos can greatly impact the amount you get to recover. Experienced mesothelioma lawyers understand this and will work with you to determine your options for recovering financial compensation for your illness. Don’t be afraid to do some research before meeting with a lawyer; otherwise, you could easily find yourself with a much smaller settlement than you expected. The bottom line is that no one can predict what a jury will do about your settlement. The only thing you can do is hope for a positive outcome and the best possible settlement for your condition.