Asbestos is a deadly mineral that when inhaled or ingested can cause numerous diseases, including mesothelioma. Mesothelioma is the most aggressive disease caused by asbestos exposure that usually attacks the inner lining of the abdomen or lungs. There is no known cure for mesothelioma at this time, and many of the estimated 2,500 to 4,000 patients diagnosed with this disease every year are given less than a year to live. If you or a loved one has been diagnosed with mesothelioma in Crystal River or Inverness, you should strongly consider filing a lawsuit.
People diagnosed with mesothelioma as a result of asbestos exposure are often entitled to recover monetary damages for their losses. You may be forced to deal with the reality that you only have a short time left to live or that you will require extensive and costly medical treatment if you have any chance of surviving this terrible disease. While the thought of pursuing a claim through the Florida court system may seem overwhelming, the Citrus County Injury Attorneys at Whittel & Melton can guide you through every step of the process so that you know exactly what to expect.
While every case is unique, the steps involved in filing a mesothelioma claim generally include the following:
1. Obtain Initial Details. You can start this process by contacting Whittel & Melton to review your potential case. By providing us with preliminary information, we can help you decide the possible value of your case.
2. File a Legal Complaint. After the proper research has been conducted, the next step in the process is to file a legal complaint against the company, employers or any other parties responsible for the asbestos exposure.
3. Gather Critical Evidence. At this point, the attorneys involved will gather any evidence needed to try the case. These cases require a detailed investigation in order to reveal when and where you or your loved one was exposed to asbestos. Due to the fact that symptoms of mesothelioma can take anywhere from 15-50 years to surface, it can take a good amount of time and research to gather evidence pertinent to the success of your case. At this phase, evidence of the responsible party’s guilt must be collected, organized and presented on your behalf.
4. Negotiations and Settlements. Many personal injury and wrongful death lawsuits are settled prior to trial. Both sides may wish to settle a case outside of court as opposed to continuing on to trial. Despite whether your case is settled through negotiation or litigation, you can feel confident that the Citrus County Injury Attorneys at Whittel & Melton pursued every angle to maximize your financial recovery.
5. Trial. If a settlement cannot be reached, then the case will continue on to trial. Both sides will present the evidence they have obtained throughout the process and a jury will determine the outcome of the case.
In regards to filing a mesothelioma lawsuit in Florida, as a victim, you can file a personal injury claim, or if your loved one has passed away from this terminal disease, you can file a wrongful death claim. Florida law awards victims the right to seek compensation for certain types of economic and non-economic losses, such as:
Pain and Suffering
Mental Grief and Anguish
Lost Earning Capacity
Loss of Enjoyment of Life
Financial Security for Family Members
It is important to understand that the state of Florida passed the Asbestos and Silica Compensation Fairness Act in 2005 in order to limit the number of asbestos and silica-related lawsuits. Under this Act, victims must have experienced health problems caused directly by asbestos or silica before they can file suit. Furthermore, victims must live in Florida or have been exposed to asbestos in Florida to file an injury or wrongful death suit in the state. The Citrus County Injury Attorneys at Whittel & Melton can best explain how this Act applies to you and your case.
If you or a family member has suffered from mesothelioma or another asbestos-related disease, please contact the Citrus County Injury Attorneys at Whittel & Melton online or call 352-726-0078 for a complimentary consultation.