What Is a Mesothelioma Personal Injury Claim?

Mesothelioma is a type of rare cancer that develops as a result of exposure to asbestos. It typically affects the lining of the lungs, known as the pleura, causing cell mutations over time that can develop into cancer.

Personal injury cases related to mesothelioma may not be that common compared to other types of personal injury such as car accidents or dog bites, however, these types of lawsuits have been in existence for many decades.

For those affected, the most common treatments include a combination of surgery, chemotherapy, and radiation and organizations like Mesothelioma Hope can provide free resources about top treatments, specialists, and financial assistance. In this article, we will take a closer look at what is involved in filing a mesothelioma personal injury claim.

Who Is At Fault?

 Defendants in mesothelioma personal injury cases can vary, however, it is common for plaintiffs to bring legal action against a former employer. This is particularly true of industries such as shipbuilding, construction, mining and other sectors where workers have been exposed to prolonged asbestos exposure. 

As it can take several decades for a person to display symptoms of mesothelioma, they may be diagnosed long after their exposure to asbestos making it challenging to trace the source of their illness. This can make it difficult to find the party responsible and hold them accountable. 

Is There a Time Limit?

The statute of limitations is a time limit prescribed by each state for bringing legal action in a personal injury case. In most cases, this time period ranges from between one to three years from the date of the injury. Due to the long latency period of mesothelioma, such a short deadline would preclude most potential claimants from taking legal action against the responsible party.

To overcome this challenge, the statute of limitations for a mesothelioma claim is typically between one to six years from the date of diagnosis. This allows affected individuals to seek compensation for the injuries and losses they have suffered as a result of another party’s negligence.

What Evidence Is Needed?

A plaintiff in a personal injury claim will need to gather evidence to support their case. To build a strong case against a defendant, evidence must establish a causal link between the defendant’s negligent actions and the plaintiff’s mesothelioma diagnosis. This can be achieved by gathering the following types of evidence:

• Medical evidence: Evidence which points to the early stages of mesothelioma such as shortness of breath, dizziness or fatigue can help a plaintiff connect their employment or living situation at a particular time to the onset of the disease.  Medical notes from their doctor at that time or results of medical tests such as chest X-rays, or CT scans can make it easier to establish the source of their disease.
• Employment details: Alongside medical evidence, any evidence which proves asbestos exposure occurred as a result of their employment can help strengthen their case. For example, employment contracts or pay stubs.
• Environmental reports: In cases where an individual was exposed to asbestos due to their environment, these reports can help to establish their case.

For more information on bringing a mesothelioma claim, it is advisable to speak to an experienced personal injury lawyer.