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When Should I File a Mesothelioma Lawsuit?

mesothelioma lawsuitFiling a mesothelioma lawsuit should be a priority for you and your family if you are reading this.  When you receive a mesothelioma diagnosis, it is because you worked with asbestos or because you lived with someone who worked with asbestos. That means you’ve got a good chance of winning a large amount of money in damages in a mesothelioma lawsuit.  Timing is critical. Mesothelioma is a fast-moving disease. Court systems can move slowly. You will need an experienced asbestos lawyer to help you get compensation from the companies that manufactured or installed the asbestos materials you were exposed to.

Best Mesothelioma Lawsuit Timing Improves Chances of Winning

Filing a mesothelioma lawsuit should be done as soon as a mesothelioma diagnosis can be verified.  A mesothelioma diagnosis, verifying the fact that you or a loved one has mesothelioma, is the key piece of evidence of harm from asbestos exposure.  Without it, you might risk wasting your time and possibly your money for unnecessary court fees. Knowing that you have been exposed to asbestos is upsetting but it is not sufficient grounds to file an asbestos lawsuit. A lawyer who tells you otherwise is not telling you the truth.

If you have been exposed to asbestos, but have not been diagnosed with mesothelioma or another asbestos disease, we recommend that you:

  • Monitor your health carefully
  • Tell your doctor that you have been exposed to asbestos
  • Seek medical attention promptly if you feel unwell
  • Be aware that mesothelioma symptoms can seem like flu symptoms
  • Find out more about asbestos-related diseases and their symptoms

A Mesothelioma Lawsuit Requires a Medical Diagnosis

To help you win a mesothelioma lawsuit as quickly as possible, even the best attorney needs solid evidence on your behalf.  A lawsuit cannot be filed without vital information that only you can provide.  Getting this information pulled together ahead of time will help a good mesothelioma lawyer know you have a solid case and enable them to move swiftly on your behalf.

Because mesothelioma symptoms such as fatigue, shortness of breath and coughing can be similar to symptoms of other illnesses such as a flu or bronchitis, it is important to be persistent in seeking a diagnosis. If your doctor is dismissive of you, seek another opinion as soon as possible.  A firm mesothelioma diagnosis that will stand up in court will require lab test results. You need to see a physician who knows what lab tests are needed and will order them for you.

You need to provide several pieces of information to verify that you are suffering from mesothelioma. Be prepared to provide the:

  • Date and place of your diagnosis
  • Name and number of physician who diagnosed you Pathology report, chest X-ray reports, CT-chest reports which your physician can give you

This is the cornerstone you need to start a mesothelioma lawsuit. And if you can’t have these reports a good mesothelioma lawyer can get them with your permission, but that takes extra time. The information below is also necessary but it is information your mesothelioma lawyer can help acquire after you have filed a mesothelioma lawsuit.

Mesothelioma Lawsuit Needs Employment History to Move Forward

If you have received a diagnosis of mesothelioma, it is time to call a lawyer. Mesothelioma is not genetic.  It is not caused by risky behavior like smoking.  You receive a mesothelioma diagnosis because someone else chose to put you and your family at risk by exposing you to asbestos.

In your mesothelioma lawsuit, you need to prove that you developed mesothelioma because you or someone in your family was exposed to asbestos at work or in the military.  Below is work history information that will be needed. If you cannot provide this information, don’t worry.  Part of what a good mesothelioma attorney can do is all of the investigative work needed to find out this information. It is called the “discovery” part of a lawsuit. However it will help your mesothelioma lawsuit proceed more quickly if you can provide:

  • The name of the company or companies you worked for. If any company has been sold to another company, try to find out that name, too.
  • The dates you worked for each company – when you started and when you stopped. Try to find and make copies of tax returns or W2 forms that support those dates.
  • The names of products and materials you handled as part of your job.
  • Your job title and specific job duties and job site locations.

If you do not remember the names of the products or have your old tax returns, your mesothelioma lawyer can put together this information for you.  But even the best mesothelioma lawyers like the best detectives, need clues to work with, so gather up these documents if you can:

  • Marriage, death, birth certificates
  • Health insurance cards, Medicare cards
  • Social Security records (detailed earnings with employer names)
  • Job resumes or job summary/timeline
  • Military: DD214, other documents

Statute of Limitations and Mesothelioma Lawsuit Timing

A statute of limitations sets legal deadlines for filing a lawsuit. Most lawsuits need to be filed within a certain amount of time. Once the period allowed for a statute of limitations passes, your time is up and you no longer have a valid legal claim.

In California time is critical so get the best mesothelioma lawyer you can find, as quickly as you can; you normally have one year to file a mesothelioma lawsuit from the date of your diagnosis. However, unlike in other states you do not need to know at the time you file your mesothelioma lawsuit who is responsible.  This can help you move forward with a mesothelioma lawsuits before the statute of limitations time period ends.

 

 

 

 

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