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Home » Articles >> How you can lose your legal rights when you get ready to file a mesothelioma lawsuit |
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How you can lose your legal rights when you get ready to file a mesothelioma lawsuit
If you are someone affected indirectly by asbestos, have worked in a high risk industry and diagnosed with mesothelioma, or lost someone related to you to asbestos related illness, it is your right to seek compensation from those responsible for your situation.
This monetary compensation may be used to pay medical bills and make up for lost income. There are two types of mesothelioma lawsuits, a personal injury claim and a wrongful death lawsuit. In a personal injury claim, the mesothelioma patient files a lawsuit for damages that may include medical expenses, loss of income, and pain and suffering. In a wrongful death suit, the survivor of a mesothelioma fatality files a claim. Laws and procedures are different for each type of claim and depend upon the jurisdiction where the case is filed.
You are likely to lose your legal right when you get ready to file a lawsuit if you do not take the following steps:
• In most states, lawsuits and complaints should be filed within three years after having been diagnosed with mesothelioma. Some other states allow one year within which one can file a lawsuit or complaint. If you delay, you may not be able to file a lawsuit at all.
• If you have not filed a lawsuit or complaint within three years of diagnosis, you have to realize you may lose your right to file one at all. You may have exceeded the time limit for doing so.
• The complaint should be against the manufacturers of asbestos products who were aware of the dangers of asbestos yet failed to warn the public or study their products.
• You should be aware of exactly when and where you were exposed to asbestos.
• There should be evidence of your employment at that location. This could be done by obtaining testimonials of co-workers and other friends who had known you at that location.
• There should be detailed employment records.
• There should be detailed work history records.
• There should be detailed medical records. Medical records should include confirmatory tests for mesothelioma, the extent of damage, the prognosis, and the stage your disease is at. These should include: nature of symptoms that you contend are related to your asbestos related condition, the date you first experienced such symptoms and the date of diagnosis, name of the diagnosing physician, description of any pain, incapacity or inability to lead a normal life as a result of your medical condition, biopsy or tissue sample test results, X-rays and CT Scans, etc.
• You must be ready for an EBT which refers to an examination before trial. An EBT is a process whereby a person with malignant mesothelioma is placed under oath and asked a series of questions concerning background, work history, exposure to asbestos products and other health related matters. The deposition can be made at home or hospital. Failing to make this will render you ineligible to fight for your legal rights.
• You should not have accepted any money from anyone as settlement before the trial begins.
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