subject: What to do when you are diagnosed with mesothelioma [print this page] When you are a victim of someone else's negligence or wrongdoing, it is essential to take a legal step. This is the basic tenet of mesothelioma lawsuits. If continuous exposure to asbestos results in mesothelioma, you need to know the right approach to the case. Only then, you would be able to get the right compensation for the injury.
Knowledge of the Ohio laws pertaining to the problem is necessary; therefore, it is imperative to get in touch with a mesothelioma attorney practicing in the state immediately. Before you consult an attorney, here is a brief guide to the basics.
What is a mesothelioma lawsuit? Mesothelioma is a deadly type of cancer that may affect when you have continuous exposure to asbestos fibers. This may happen in case of workers employed at manufacturing industries like construction, automotive, etc.
If you can prove at a court of law that your employer or company management was aware of the deadly effects of asbestos exposure and yet did nothing to prevent it, you have a case. This is within the domain of the Ohio injury laws.
Who can file this type of lawsuit? Any individual who has been diagnosed with the disease is eligible to file a lawsuit. However, according to Ohio laws, you cannot file a charge on grounds of asbestos exposure.
In case of the occurrence of a death, the family members of the victim may also file a lawsuit claiming compensation. A family member, in close contact with the one exposed to asbestos, may also take the step if he/she is diagnosed with the disease.
What compensation can you claim? There are no hard and fast rules about what comes within the compensation claim. Usually, it covers the medical costs and the amount necessary for the financial security of the family. Your mesothelioma attorney is the best guide to chalk out a fair and adequate' compensation.
How do you file a claim? Once you appoint a competent Ohio mesothelioma attorney, he/she can take charge of the legal aspect. The initial stage is to identify the site where the exposure occurred and collect evidence to prove this.
Your attorney may be able to reach a settlement with the company to get you a proper compensation. Any way you can also go through some Lawyers directory online to find out an expert in the same. Avoiding litigation saves your time and money. It is also good for the defendant as it saves their reputation. However, if there is no way to reach a settlement, the case goes to trial.
Is there a limit to when you can file? Yes. As per Ohio mesothelioma related laws, the statute of limitations limits the period for filing of the case to 2 years from the day of diagnosis of the disease. In certain circumstances, you may be able to file a case after the statute expires but the chances of getting a good compensation slims.
What to do when you are diagnosed with mesothelioma
By: Roy Smith
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