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Friday, February 6, 2009

The Importance of Filing Mesothelioma Cancer Lawsuits

By Heidi Wingrain

If you're dealing with the medical and emotional effects of mesothelioma, or if you've had a family member who died from the disease, it's likely that you're eligible to file a lawsuit. Always remember that you're the innocent victim in these cases, and what has happened is not your fault. Therefore, it's only right that you should file a legal claim for compensation. If you're the victim, you will be able to file a personal injury claim. If you're filing in behalf of a family member, you'll file a wrongful death suit. The way these claims are filed will differ from state to state, so it's wise to hire an attorney who specializes in mesothelioma cases to see to your best interests.

A diagnosis of mesothelioma can be life-shattering. After all, it's a type of lung cancer caused by exposure to asbestos, which usually happens in the workplace. Even if you've developed the condition from close contact with a person who works around asbestos, you may also be eligible to file suit. It's best if you can pinpoint exactly where you had your exposure to asbestos, because that can make your case move along faster. However, you want to talk to a lawyer even if you don't know where you got the disease, because he'll be able to have a private investigation done in order to research your background history and find where the exposure occurred.

It's important that you file your claim in a timely manner after being diagnosed. In most states the time limit will range from 1 to 2 years following diagnosis. However, make sure you know the time limits in the state where you'll be filing your lawsuit, because if you don't act within those limits, you may be unable to ever file a claim. In the case of a wrongful death lawsuit, the time limits will still apply, so make sure that you act quickly while there's still time to pursue the restitution you are entitled to.

You may worry about hiring a lawyer to file your mesothelioma lawsuits because of the expense that will be involved. After all, as a victim of this devastating disease, you are already being faced with lost wages and medical bills, so more bills are probably the last thing you need. You'll find, however, that most lawyers that specialize in mesothelioma cases work on the basis of no win, no fee. That means that if they are unable to win a settlement for you, the work they've done won't cost you anything.

After talking your claim over with your lawyer, you'll be able to get an idea of about how much he thinks he'll be able to get for you in restitution. The evidence that he can gather regarding your case and how severe of a disability the disease has caused you will help determine the amount of settlement you can expect. There have been many mesothelioma lawsuits in the past, and many of them have been settled for amounts in the 6 or even 7 figures. So, as soon as you are diagnosed with mesothelioma, hire a lawyer and start fighting for what is rightfully yours. - 17274

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