Filing a Mesothelioma Claim

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Filing a mesothelioma claim can help you obtain money to cover pain and suffering, medical expenses and lost income resulting from asbestos exposure. In the majority of cases, the individual who is filing the claim seeks monetary compensation for damages that arise after a diagnosis of an asbestos-related cancer.

Personal Injury Claim

A lawsuit filed by an individual diagnosed with an asbestos-related illness. Unlike common personal injury cases where the clock starts ticking at the specific moment of injury, it’s difficult to determine exactly when and where the asbestos injury occurred because an accurate diagnosis can take at least 20 years after exposure. Because of this long latency period, courts in some states have made exceptions applying statutes of limitations.

Wrongful Death Claim

Sometimes, the well-being of the person who initially filed a personal injury claim worsens over time. They can ask the court for an expedited case process; however, if that original claimant dies as a result of the disease, the case comes to a halt. But family members have the option of resubmitting the lawsuit as a wrongful death claim. An attorney who specializes in mesothelioma cases can explain the rights, which vary from state and county, in these types of lawsuits.

Options for Filing a Claim

There are multiple ways to file a claim. Your attorney can advise you on the best option(s) for your situation.

Bankruptcy Trusts

In the past few decades, many asbestos manufacturing companies have since declared bankruptcy for a variety of reasons. Filing for bankruptcy does not always mean the asbestos companies have run out of money. Instead, most asbestos companies that declare bankruptcy simply do it to reorganize and become more stable. In some cases, the courts involved in these bankruptcies ordered the creation of mesothelioma compensation funds, also known as trust funds.

These funds are intended to provide compensation for patients affected by an asbestos-related cancer. A lawyer with a specialty in asbestos diseases can help you determine whether the company responsible for your injuries has a trust fund and also help in filing a claim.

Litigation

Litigation is another option. Asbestos-related medical problems are almost always the result of an asbestos manufacturing corporation’s negligence or a company’s failure to warn of asbestos hazards. Filing a claim against the company or companies responsible for your asbestos exposure may result in compensation for many types of damages.

Damages covered by an asbestos claim:

Lost income

Pain or suffering

Medical expenses

Loss of love and sexual relations with spouse (known as loss of consortium)

A lawyer can determine whether additional expenses may be covered under your claim. It is important to save all medical and financial records relating to your illness for this reason. Your attorney will be aware of the legal options available and can guide you through the process of filing a claim. After speaking with your attorney, you may determine that a lawsuit offers the best opportunity to obtain a large award for your injuries.

Workers’ Compensation

Workers’ compensation laws can vary by state. Some of those laws change from year to year. If you have been diagnosed with an asbestos-related illness, you may be able to file for workers’ compensation to cover medical bills, pain and suffering.

But eligibility and compensation are two different things. Your state’s workers’ compensation board can provide more information, and you should also speak with an experienced asbestos and mesothelioma lawyer.

If your illness was caused by asbestos exposure on the job, you may have the opportunity to file a personal injury lawsuit and receive fair compensation for injuries. Attorneys usually don’t file a claim against your employer, unless the employer is an asbestos company. Instead, attorneys typically file lawsuits against the manufacturers of asbestos products. These manufacturers are generally held liable.

Veterans Benefits

The men and women who served in the U.S. Armed Forces have a higher risk of developing mesothelioma because of the dependence on asbestos in vessels, barracks and pipe coverings, among other military parts, tools and machinery. Those who served in the U.S. Navy, especially the ones who worked in shipbuilding during World War II, are most at risk.

Veterans have a right to file a claim with the U.S. Department of Veterans Affairs seeking compensation for any injuries or illnesses developed while serving their country. They can seek disability compensation, VA health care, and dependency and indemnity compensation.

A Lawyer Is Important

Choosing the right attorney is an important first step. Your case will have a better chance of proceeding more efficiently — and with the best chance for compensation — if you work with an experienced asbestos and mesothelioma attorney. When you decide to file a claim, your attorney will prepare and submit the required legal documents to begin the lawsuit process.

A mesothelioma attorney is knowledgeable about trusts set aside for asbestos victims and can help you file a claim. Additionally, a mesothelioma attorney is familiar with asbestos manufacturers and can help you determine which ones are responsible for your suffering.

AUTHOR: Tim Povtak

Filing a Mesothelioma Claim

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