Personal Injury Versus Wrongful Death: What You Need to Know
Nicole Winch | December 17, 2019
The idea of filing a mesothelioma lawsuit may seem like a daunting task to take on, especially during the difficult times following your diagnosis. Depending on your circumstances, you will either file a personal injury claim or a wrongful death claim.
Both of these mesothelioma lawsuits aim to do one thing — help you receive the most compensation possible as a result of your or your loved one’s asbestos exposure.
So, When Should You File a Mesothelioma Lawsuit?
If you are currently a mesothelioma patient, or a family member to a deceased one, then you can file a lawsuit as soon as you receive a diagnosis or right after the death of your loved one who had mesothelioma. In fact, we at BCBH Law recommend starting your mesothelioma claim immediately. You also can wait, but there are risks to doing so.
If you decide to wait, you should be aware of a law called the statute of limitations. This law limits the amount of time you have to file a personal injury or wrongful death lawsuit.
Mesothelioma statute of limitations usually only let patients or family members file claims within one to three years — depending on the state — so it’s better for you to start this process sooner rather than later.
For more information about the statute of limitations, including how long you have for your specific claim, contact the lawyers at BCBH Law.
What’s Next for Your Mesothelioma Lawsuit?
Now that you’ve decided to file a lawsuit, you might be wondering what your next course of action is. Filing a personal injury or wrongful death case without legal help can get complicated, so you should hire an experienced attorney.
Although you can hire any attorney of your choosing, find a firm that focuses solely on mesothelioma cases. Hiring a national mesothelioma lawyer, such as those at BCBH Law, will be the most beneficial to you because they are already familiar with the entire process from start to finish.
Here is an outline of the two types of mesothelioma lawsuits that you can file. The main difference applies to who can file the lawsuit — and that person’s relationship to the cancer.
Personal Injury Lawsuits
Companies that knowingly exposed people to asbestos should be held liable for their negligence. Personal injury mesothelioma claims are filed so that these companies can pay you for the damage done to your health.
The plaintiff in a personal injury claim is the person directly affected by this disease. If you have mesothelioma, then you would be the plaintiff in a personal injury case. In almost all circumstances, no one else can file on your behalf while you are still living. That fact is the main difference between personal injury lawsuits and wrongful death lawsuits.
An experienced attorney can build your case and, most of the time, successfully settle it outside of court.
A personal injury claim won’t reverse the effects that mesothelioma has had on your body, but it will help you get the compensation you deserve. Any compensation received can help with medical treatments, lost wages and any other financial setbacks caused by your mesothelioma diagnosis. We at BCBH Law have helped many mesothelioma patients receive this compensation and counter the financial burdens associated with their diagnosis.
Wrongful Death Lawsuits
Losing a loved one can be the most painful and stressful time in anyone’s life. But losing someone to mesothelioma caused by a company’s carelessness is even more devastating.
A wrongful death lawsuit is made when someone is killed as a result of another person’s or company’s actions. Immediate family members — and in some states, life partners or anyone who has been affected financially — can file a wrongful death claim, whereas they cannot for personal injury cases.
Similar to a personal injury case, the lawyers a BCBH Law will gather evidence for your case and help you receive the most compensation possible.
What to Do for Your Mesothelioma Claim
At BCBH Law, we understand that a mesothelioma diagnosis can be physically and emotionally draining on you and your family. We also know that filing a personal injury or wrongful death lawsuit might seem overwhelming and not a priority.
Let us do all the work for you and your family. Unload some of the stress you may be facing and let us handle the legal side of your disease. Contact us today for a free case evaluation so you can see how we can help.