Mesothelioma Claim

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.

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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
Litigation
Workers’ Compensation
Veterans Benefits

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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.

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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.

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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.