Mesothelioma Cancer Legal FAQs

Q. I have just been diagnosed with mesothelioma and I want to file a lawsuit and seek compensation, but I have treatment and surgery to deal with. Is it okay to hold off from filing suit for the time being?When receiving a diagnosis of mesothelioma, you and your family are suddenly confronted with many important decisions to make. Of course, you have to work with your medical physicians to make important decisions about your treatment options.Additionally, if you want to pursue compensation, it is advisable to do so as soon as possible, for a number of reasons:1. You are the best source of information about your history of asbestos exposure, and it is important that your testimony is preserved early in your case in the event your health fails and you are unable to testify at a later date.2. In some instances, a person with a diagnosis of mesothelioma can get an “expedited” (fast) trial setting, whereas if you pass away before the trial date in your case, it might face a significant delay.3. The sooner you pursue your case, the sooner you might receive compensation to help with your medical bills and other needs. Even if your trial setting is several months in the future, you might qualify for bankruptcy trust and administration settlement monies relatively early in your case.Q. I am not sure if I want to file a lawsuit. How much time I have to decide?By law, you have a limited amount of time to file a lawsuit for mesothelioma. If you do not file your case within that timeframe, you may be barred by the “statute of limitations” from ever pursuing your claim.In some other states, you only have one year after your mesothelioma diagnosis to file a claim. In a majority of states, the limitations period is two years, and some states allow three or more years. Determining the statute of limitations in your case will depend on a number of factors, including the facts of your individual case and where your case is ultimately filed.Q. My husband recently died of mesothelioma. Now that he has gone, is it too late for me to file a suit?In most states, they allow a lawsuit for the wrongful death of a spouse or family member, even if he or she did not file a lawsuit while alive. There is a limit on the amount of time you have for filing such a suit.If you are interested in pursuing a case, you should secure an attorney as soon as possible. Some states’ laws do not provide for the same types of compensation to the family of the deceased as would have been available to the mesothelioma victim while alive, so it is advisable for a person with a mesothelioma diagnosis to pursue his or her claim as soon as possible after the diagnosis.Q. Many years ago I was diagnosed with asbestosis, filed a lawsuit and received compensation. I have now been diagnosed with mesothelioma. Can I seek compensation for the cancer now?If you were previously diagnosed with asbestosis and have recently been diagnosed with an asbestos-related cancer, such as mesothelioma, there is a chance that you can also be compensated for the cancer. Many states recognize that mesothelioma develops many years after a disease like asbestosis, and that a person has the right to seek compensation for both.http://mesotheliomasearch.org/cancer/FAQ-index-myfaq-yes-id_cat-1.html