Diagnosed With Mesothelioma? Legal Recourse Is Available
Common Questions, Answered By An Attorney
Receiving a mesothelioma diagnosis can have a devastating impact on your life and the lives of those you love. In the wake of such news, you may feel overcome by anxiety and a sense of hopelessness. Your future might seem full of uncertainty, yet you might not even know which questions to ask.
At Robichaux Law Firm, LLC in Louisiana, personal injury and mesothelioma attorneys are dedicated to helping those who’ve found themselves exactly where you are. Legal recourse is available to you, and we are here to answer all of your questions.
This article is designed to provide you with an overview of some of the most common questions asked by those who have mesothelioma.
How Much Time Do I Have To File A Mesothelioma Lawsuit?
Unlike many other types of injuries and illnesses, mesothelioma can take decades to surface within the body. Exposure to asbestos that occurred 20 years ago might just now be developing into mesothelioma. This means that although you may have technically been “injured” long ago by the presence of asbestos, you may have just become aware of it.
It is for this reason that mesothelioma lawsuits involve the “discovery of harm” rule when it comes to the statute of limitations, that is, the amount of time you have to file a case.
In Louisiana, the statute of limitations for a mesothelioma case involving a recent diagnosis is one year from the date of the diagnosis, or the date that you discovered that you were harmed.
The statute of limitations for a wrongful death mesothelioma case is also one year, which means that the family members of the person who passed away have one year from the date of death to file a wrongful death claim.
What If I Don’t Know Where My Asbestos Exposure Came From?
This question brings to light the importance of hiring an experienced personal injury attorney who knows how to properly investigate mesothelioma cases.
If you aren’t able to identify where or how you were exposed to asbestos, you’re not alone. Many victims of mesothelioma are unsure of the source of asbestos, especially since it can take decades for mesothelioma to develop.
When taking on a mesothelioma case, the personal injury attorneys at Robichaux Law Firm, LLC will launch an investigation on your behalf, and recruit a suite of experts who can help shorten the list of possible defendants. Every avenue will be explored on your behalf, so that you can file the strongest mesothelioma case possible.
I Might Have Been Exposed To Asbestos While In The US Military, And Was Just Diagnosed With Mesothelioma; What Do I Do?
If you were a member of the US Air Force, Army, Coast Guard, Marine Corps, or Navy before the late 1970s and you have been diagnosed with mesothelioma, you may very well have been exposed to asbestos during your service. In fact, many mesothelioma cases have been traced to Navy or military shipyard exposures.
The good news is that there are several avenues of support and financial compensation available to veterans with mesothelioma, including the pursuit of a legal claim for compensation above and beyond what’s provided by the U.S. Department of Veterans Affairs.
To learn more about this and protect your rights, seek advice from personal injury attorneys who have specific experience handling veterans mesothelioma cases.
What If The Company Responsible For My Exposure To Asbestos Has Gone Bankrupt? Can I Still Sue?
If the liable party is no longer in business or has gone bankrupt, you will be unable to file a lawsuit and collect against them for your damages. However, this doesn’t mean you will be unable to obtain compensation, because there are asbestos trust funds which have been designed for this exact purpose: to compensate the victims of mesothelioma when the would-be defendant is bankrupt.
Will I Have To Testify At Trial If I File A Mesothelioma Lawsuit?
The overwhelming majority of mesothelioma lawsuits get settled before going to trial. This means that in all likelihood, you won’t have to testify at trial, and you might not even have to see the inside of a courtroom. This is especially true if you have an experienced mesothelioma attorney representing your interests and handling negotiations.
What If I Can’t Afford To Hire An Attorney?
Many mesothelioma attorneys will agree to represent you without any payment upfront. If your claim is successful, then you will pay your attorney a percentage of the amount of compensation you receive. In other words, if you don’t get paid, then neither will your attorney.
What Makes For A Successful Mesothelioma Claim?
In every mesothelioma case, it is necessary to provide proof of exposure to asbestos. This is something that a well-trained personal injury attorney who specializes in these cases can help you accomplish.
Some pieces of evidence which could prove helpful include:
- The medical records and bills associated with your mesothelioma diagnosis and treatment
- Filings made by other victims of asbestos exposure who list the same defendant(s) as you
- Documents, video footage, or any other form of evidence demonstrating that the defendant was aware of the asbestos and neglected to act accordingly
How Much Money Can I Recover From A Mesothelioma Claim?
While no specific amount of money can be guaranteed from the start of a case, there are many damages that can be recovered. These will depend on the circumstances of the case, and whether it is a personal injury claim or wrongful death claim. These damages include but aren’t limited to the following:
- Lost wages
- Medical bills
- Funeral expenses
- Pain and suffering
- Loss of consortium
Mesothelioma Attorneys In Louisiana
To get a better idea of what you could be eligible to receive, contact a seasoned mesothelioma attorney who can review the facts and circumstances of your case, including the severity of your illness, the location and extent of asbestos exposure, and the liable parties.
Ready to go after what you deserve?
At Robichaux Law Firm, LLC, we are ready and eager to help you every step of the way. We have two offices: one in New Orleans, Louisiana, and one in Chalmette, Louisiana.
Call today for a free consultation: (504) 332-8188.