To receive compensation for mesothelioma, filing a lawsuit will be the primary step after diagnosis of mesothelioma cases. If you or your family member has been diagnosed with mesothelioma, you could be eligible to receive remuneration for medical expense and, lost wages because of the disease.
This article discusses how to file a claim, as well as the types of claims available and the compensations in detail for mesothelioma cases.
Filing Mesothelioma Claims
Asbestos exposure leads to deadly diseases like mesothelioma and asbestosis. A victim who is affected with mesothelioma will need to submit the following information to file a mesothelioma suit.
- How he or she were exposed to asbestos
- Duration of the exposure
- The effect of exposure and damages caused to health, ability to work and quality of life
If you have to, submit all past experiences of working with asbestos-containing products in your work places. Since the latency period, the duration for the disease to develop after asbestos exposure, is long, victims find it hard to collect the exact information regarding their work exposure.
Your attorney will help you in finding the right information about asbestos exposure and in preparing the complaint document. You can expect some questions from your attorney, such as previous residences, work history and other information that can be useful file potential claims for mesothelioma cases.
Deadlines are so important in a mesothelioma suit; you have to wait for filing a lawsuit and it should not exceed the time limit.
Each state has its own deadlines for filing a mesothelioma suit; this is called statute of limitations.
The timeframe for filing a mesothelioma case also depends on the type of claim; let us take a deeper look at the two types of claims.
Types of Mesothelioma Claims
You can file two types of mesothelioma claims, namely personal injury and wrongful death.
Personal Injury Claims
When a person has been diagnosed with mesothelioma, he or she can file for a personal injury claim.
A victim will be compensated for the following things:
- Medical expenses including diagnosis, current and future treatment
- Lost income or wages as well as anticipated future income
- Physical and mental pain experienced due to the disease
Victims can file for a lawsuit for mesothelioma in any state where he or she lived, worked or served in the military, and they can get personal injury claims.
Wrongful Death Claims
If the victim has passed away due to mesothelioma, a family member can file a wrongful death claim for the deceased one.
The claim will include the following: loss of expected wages or income because of the wrongful death, medical expenses and funeral expenses.
Every state has different claims for family members for wrongful death; talk to your attorney regarding your available options.
If a mesothelioma case gets settled or pass through a jury trial, the compensation will be remunerated by the defendant. If your lawsuit goes to a trial, you can expect a jury award the amount of compensation determined by a jury.
The negligent use of asbestos in products, construction materials and other objects has been admitted by certain companies already. Asbestos trust funds have been established by these companies to compensate victims for asbestos-related claims.
As of now, there are about 60 asbestos trusts in the U.S. Each trust has its own criteria and they compensate individuals who qualify for their criteria. A victim can claim as many trusts as possible provided he or she meets the criteria.
Claims Against Corporations
Many companies cannot be held liable and they do not have an exposure criteria and trusts to compensate the affected people. But when there is a legal suit against them, most of the companies are willing to settle rather than hold a trial. Your attorney may give you advice regarding the settlement or trial if you have a valid claim.
Asbestos was used in naval shipyards, aircrafts, submarines, military installations and vehicles during the period between 1930s and 1970s. This has led military personnel to be exposed to asbestos and thousands of them were affected by mesothelioma.
Veteran's benefits are processed through the U.S Department of Veteran Affairs (VA). Veterans may receive payments for disability; special payments are available for veterans who are bedridden or homebound because of their condition. Veterans who meet the required criteria can also get treatment at VA hospitals.
In cases of death because of service-related illnesses like mesothelioma, spouses of the deceased veterans may be paid monthly through the Dependency and Indemnity Compensation.
Learn more in detail about mesothelioma legal suit choices for veterans from our article
Workers who developed mesothelioma can claim for compensation under The Workers' Compensation Act. Even after retirement, workers still can file a claim since mesothelioma can develop decades after the exposure.
Mesothelioma claims. Retrieved February 10, 2017, from https://www.mesothelioma.com/lawyer/claims/ Mesothelioma Cases: What You Should Know About Mesothelioma Claims