What Are the Legal Rights of Mesothelioma Victims in North Carolina? 2024

When you or a loved one is diagnosed with mesothelioma, it is natural to have lots of difficult questions you cannot answer yourself. One of these questions is likely to be, “What are the legal rights of mesothelioma victims in North Carolina?” The answer depends on how you contracted this disease and the legal options available to you. You may have grounds to seek recovery from another party or through a mesothelioma injury trust.

What Are the Legal Rights of Mesothelioma Victims?

In North Carolina, the victims of mesothelioma have various rights they can exercise in their efforts to ensure accountability for those responsible for their ailment and for recovering compensation for their damages. Mesothelioma is an incurable and terminal form of cancer, one that takes a very long time to develop in a noticeable manner. Once noticeable symptoms have developed, the victim usually does not have very long left to live.

You may wonder whether another party is responsible for your diagnosis, and if so, you may also wonder what you can expect when it comes to the process of holding them accountable. The answer will depend on who is liable and whether you are able to file a personal injury claim against them. The liable party may be a business that is no longer operating, in which case a claim to their mesothelioma injury trust may be your most viable option for legal recourse.

If you can file a personal injury suit against another party for your diagnosis, it can yield substantially greater compensation than you could likely expect from a mesothelioma injury claim. Under the state’s personal injury laws, a plaintiff has the right to claim compensation for all economic damages they suffered because of the defendant’s actions, along with compensation for pain and suffering.

Proving Liability for Mesothelioma

If you believe another party is responsible for you or your loved one’s mesothelioma diagnosis, you must prove exactly when and where you were exposed to asbestos. The only known cause of mesothelioma is asbestos exposure, and due to how long it takes for mesothelioma to be diagnosed in most cases, the victim may have been exposed many years prior to their diagnosis.

An experienced mesothelioma attorney can help you review any documentation and records necessary to prove the source of your condition. Once you have pinpointed the most likely time and place for your asbestos exposure, it will tell you who is liable and where to direct your legal efforts. To make the most of your case, you need to hire an attorney who has proven experience handling these types of cases.

When it comes to the rights of mesothelioma victims, the team at Wallace & Graham, P.A., is committed to helping every one of our clients make clearer sense of their situation and approach their legal proceedings with confidence and peace of mind. We can help you prove the cause of your condition, identifying the party responsible and guiding you through the process of holding them accountable.

Mesothelioma Victim Rights FAQs

Q: What Are the Most Common Forms of Mesothelioma?

A: The most common forms of mesothelioma are pleural mesothelioma, which affects the lungs, and peritoneal mesothelioma, which affects the organs in the abdomen. Mesothelioma can develop when asbestos is ingested or inhaled. Both forms take a long time to develop and are incurable. By the time either form has caused noticeable symptoms, it has likely progressed to a later stage of the disease, and the victim may not have a very long life expectancy.

Q: How Much Compensation Can I Claim for Mesothelioma?

A: The amount of compensation you can claim for mesothelioma will depend on the extent and severity of your damages and how you developed the illness. If you have grounds to file a personal injury suit, it is possible to claim compensation for your medical expenses, lost income, and pain and suffering. Alternatively, you could be eligible to claim compensation through a mesothelioma injury trust. An attorney can estimate your claim’s potential value.

Q: Can I File a Claim if a Loved One Died From Mesothelioma?

A: Yes, you may have grounds to file a claim if a loved one died from mesothelioma. If you are able to prove another party is responsible for causing their fatal illness, it would be grounds for a wrongful death suit. This type of personal injury case replaces the civil claim the victim could have filed if they had survived. The state enforces specific rules pertaining to eligibility to file these cases and the damages available to victims’ families.

Q: What Is a Mesothelioma Injury Trust?

A: A mesothelioma injury trust or asbestos injury trust is a trust fund created by a company known to have produced asbestos products or that was managing operations that entailed an asbestos exposure risk. Due to the long latency period of mesothelioma, many of these companies were required to create trust funds to account for victims of their operations and products that had not yet developed symptoms.

Q: Why Should I Hire a North Carolina Mesothelioma Lawyer?

A: You should hire a mesothelioma lawyer in North Carolina because these cases are challenging in several ways. You may have multiple legal options available to you, or you may have trouble proving liability for your condition. You could also have multiple options for recovery available to you and will need an attorney’s help to make clearer sense of them. Whatever your case entails, you need an experienced North Carolina mesothelioma attorney you trust to guide you through your proceedings.

The compassionate legal team at Wallace & Graham, P.A., understands that you may be confused about your rights as a mesothelioma victim. We have years of experience representing clients in all types of mesothelioma cases and can leverage this experience for you. You have a limited time to file your case after you have been diagnosed, so it is vital that you speak with an experienced attorney as quickly as possible. Contact us today and schedule a free consultation.