A mesothelioma case is an adversarial lawsuit or claim filed in court by a mesothelioma victim. Its purpose is to compensate for the damages suffered from a disease such as cancer or the side effects of asbestos. It helps mesothelioma victims obtain moral damages for their suffering and pain. They have to deal with anxiousness while trying to find a way on how to sleep better to continue their treatment. However, it is unfair for them that their struggle has caused their health more severe due to medicine or medical malpractice.
When coming to the mesothelioma lawsuits, actual damages are also available to compensate for any loss of income. It includes medical bills, expected income, and medications. With a mesothelioma lawsuit, the victim can ask the court for all the compensation they are entitled to. Let’s dig further into the mesothelioma Lawsuits below.
The Causes
Mesothelioma can be fatal. It is caused by exposure to asbestos and can develop into cancer. Asbestos exposure can destroy the mesothelium around vital organs. It can also cause damage to the brain, heart, and reproductive organs.
The Sleep Disorder
A person with mesothelioma often experiences sleep-wake disturbances caused by mesothelioma treatment and tumor growth. Some patients experience sleep disturbances because of their sleeping partner or the treatment schedule. Noise, temperature, pain, and anxiety are all factors that can affect sleep during a hospital stay. Chronic sleep disorders can lead to irritability, depression, anxiety, and difficulty concentrating. Thus, a person with sleep disorders may find it challenging to continue mesothelioma treatment during their hospitalization.
The Potential Risks
More than 5,000 products can be made with asbestos. Asbestos can be added to specific products, such as car brakes or other building materials. People who work in construction, factories and shipyards, railroads, and automobile manufacturing are most affected.
The Legal Personality Compliance
The only people who can file a mesothelioma lawsuit are those directly affected by the toxic products. Besides, people who have a close relationship with the affected workers, such as family members, may also file the case. The lawsuit may continue if the plaintiff dies.
The Time Limit
Because of counterclaims by both sides, the case can drag on for a long time. In this case, shortening a mesothelioma case is possible if both parties reach an amicable settlement. It is a requirement of the court. If either party fails to reach an amicable agreement, resolution may take longer. Besides, ensure to file the lawsuit within the dispute period of two years from the date of diagnosis. Otherwise, it is forever barred.
The Location
One more important thing to remember is the location to file the lawsuit. You can file a mesothelioma claim wherever the factory site or employer’s headquarters are located. However, you can also file the claim anywhere your attorney can.