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What to Expect When Filing a Mesothelioma Lawsuit

If you are diagnosed with mesothelioma resulting from asbestos exposure, you may consider filing a mesothelioma lawsuit against the parties responsible for your asbestos exposure.

Those who suffer from mesothelioma after working with asbestos typically have a very good chance of recovering significant money damages — either from an asbestos victims’ trust fund/insurance company designated to take on liability for the company, or from the company that manufactured the asbestos.

Mesothelioma can take decades to develop after asbestos exposure — typically 10 to 40 years. For this reason, the statute of limitations, which places a strict time limit on how long a person has to file legal action after an event has occurred, begins on the date of your mesothelioma diagnosis.

  • In Pennsylvania, the statute of limitations is two years, so it’s important to act quickly once a diagnosis has been obtained.
  • If a person is filing a wrongful death action on behalf of a victim who has already died, the statute of limitations usually begins on the date of the victim’s death. These lawsuits, while different from typical mesothelioma cases, can also result in significant money damages.

It’s important to be aware that mesothelioma victims are not legally allowed to file or join in class action lawsuits because each victim’s prognosis and medical history is different. For this reason, each mesothelioma case needs to be filed individually.

Most often, mesothelioma cases are settled outside of court, before reaching a jury. The process can move much more quickly — usually settled within a year — if the victim has gathered all of the relevant facts about his or her employment history and medical condition before the case begins. However, in some situations, the case can take at least two years. Fortunately, most states understand that mesothelioma victims have short life expectancies and make an effort to process their lawsuits quickly.

If you have developed mesothelioma resulting from asbestos exposure, it’s important to take action as quickly as possible by meeting with a skilled Philadelphia personal injury attorney.  

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