If I Survive Mesothelioma, Can I Still File a Lawsuit in California?

prognosis - Lawsuit

Cancer is a serious disease. Most types are malignant while some types are curable under certain conditions. The prognosis for cancer patients is getting better, though, but not fast enough for those diagnosed today. There are all kinds of known and unknown reasons people develop cancer. If the reason for your cancer is known — for instance, you worked for years in agriculture using Monsanto’s Roundup weed killer or worked for years in and around asbestos or asbestos-containing products — then you are entitled to file a lawsuit against the at-fault party. This is true even if you survive cancer because cancer itself is an “injury” regardless if you survive or not.

Below, we look at this a bit further for victims of mesothelioma.

What is the survival rate or prognosis of mesothelioma?

For any cancer patient, surviving cancer is hard work. For many types of cancer, however, there is no cure — it’s malignant. That means the best you can hope for is prolonging the quality of your life for as much as possible. That’s true for victims of mesothelioma. Surviving mesothelioma usually means for how long can you live with it; it does not mean being cured of it because mesothelioma is not curable.

According to the American Cancer Society, the survival rate of mesothelioma is usually less than five years while most patients die within the first year. These survival rates are dependent on many factors, like:

  • Your immune system;
  • Current health, including obesity;
  • Stage of cancer;
  • Location (i.e., localized, regional, or distant); and, among other factors,
  • The success of treatment.

No matter how long you survive mesothelioma or what your prognosis is, you can file a mesothelioma lawsuit. But one word of caution” if your doctor thinks your prognosis is really good given the stage of the disease and your overall health, and as such, believes you could survive another ten years, you still have to file your personal injury lawsuit within the required Statute of Limitations.

When should you file your personal injury or product liability claim for mesothelioma?

In California, if you have been injured by a person or product — in this case, if the injury is mesothelioma, then the cause is likely asbestos or an asbestos-related product — you must file your claim within 2 years of th”[ you won’t be able to file after the deadline.

But because most victims of mesothelioma only live for one year after diagnosis, you want to file as soon as possible. There’s the chance that the cancer could take over before the year is up. You want to start the claim before the unthinkable happens so that the claim survives you. If you have any dependents or loved ones who will suffer, then ensuring you are able to recover as much as possible matters to them. It can also give you some peace of mind — though the latter is difficult in an already tragic and difficult circumstance.

When it comes to mesothelioma, there are no words of condolences that can make anyone feel better about his or her situation. All you have is what you can get for your family and any other beneficiaries. Contact an experienced California mesothelioma attorney today to make sure your claim is well-drafted and well-supported.