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Mesothelioma Claims Time Limits, Claim Types and Compensation.
Mesothelioma Claims – Do you wish or desire to seek compensation for asbestos-related injuries, 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.
Mesothelioma claims are a way for mesothelioma patients and their loved ones to get financial compensation to cover expenses, medical bills and other fees associated with an asbestos-related diagnosis. The two primary types of mesothelioma claims are personal injury claims and wrongful death claims.
Experienced mesothelioma lawyers are familiar with asbestos manufacturers and can help you determine which ones are responsible for your illness. A qualified attorney is also knowledgeable about mesothelioma trust funds set aside for asbestos victims and can help you file a claim.
Types of Mesothelioma Claims
Asbestos exposure is the only known cause of malignant mesothelioma, also leading to asbestosis and other asbestos cancers. As a result, patients and their surviving family members file asbestos claims to gain compensation for expenses, pain and suffering and much more.
There are two types of asbestos and mesothelioma claims that can be filed. Which type of claim you file depends on whether you were diagnosed with mesothelioma, or if you are filing on behalf of a loved one that has passed away from the cancer.
♦ Personal Injury Claims
A personal injury claim can be filed by someone who has recently been diagnosed with mesothelioma. With personal injury claims, the person directly affected by the disease is claiming that compensation is needed for reasons such as:
- Medical expenses incurred during mesothelioma diagnosis and treatment, including future treatment
- Lost wages or other income, including expected future income
- Pain and suffering experienced because of an asbestos-related disease
Personal injury claims can typically be filed wherever the patient resided, worked or served in the military.
♦ Wrongful Death Claims
A wrongful death claim is filed by the mesothelioma victim’s family after their loved one has passed away. In this case, the family members sue to receive compensation related to the loss of their beloved. This can include:
- Loss of expected income due to the untimely death
- Medical costs incurred during mesothelioma treatment administered before the deceased’s passing
- Funeral expenses
The specific claims available to family members may vary from state to state. To fully understand your legal options, it’s best to discuss with an asbestos attorney.
Who Can File Death Mesothelioma Claims?
Certain criteria must be met and the death itself needs to be the result of negligence or a wrongful act to file a wrongful death suit.
The ability to seek compensation for the death of an individual has evolved over time. In the past when a person was murdered or died at the hands of someone else’s negligence or wrongful act, you could not sue for damages. It was actually cheaer for the guilty party financially if the victim died as a result of the injuries, rather than having to pay for lifetime medical bills, lost wages, and pain and suffering compensation.
Seeing this problem with old law, governments established the right for people to sue for compensation as a result of a wrongful death. But the people who could bring the suit forward had to be close enough to the deceased that it made sense. An acquaintance or long lost cousin could not come forward and claim they deserved compensation for the death of a person they barely knew.
Legally speaking, you need to be eligible to file your suit. This is called “standing.” Below are some examples of the types of relationships that may permit a wrongful death suit.
- Husbands, wives, children (including adopted or step), mothers and fathers, sisters or brothers
- Grandparents are also included
- People who are financially dependent on the deceased (This varies by states. In California you need to be at least half financially dependent)
Asbestos companies knew long ago that the substance could lead to death and sickness. Exposing their employees or customers to asbestos can qualify as negligence or a wrongful act.
If you are an immediate family member or financially dependent on a person who has died from asbestos, you should talk with an experienced attorney about filing a wrongful death suit.
How You Can File a Mesothelioma Claim?
It is best to hire an experienced mesothelioma attorney to help you file a claim. They have the experience and expertise to make sure your claim is properly filed and that you get the most compensation possible.
- Step 1: Find an attorney that specializes in mesothelioma claims and asbestos litigation.
- Step 2: Provide important information to your attorney about your history of asbestos exposure and medical documentation confirming your mesothelioma diagnosis.
- Step 3: Sit back and wait while your attorney works to process your claim. You might be asked to provide additional information or documentation.
Once your claim is fully processed, your attorney will inform you of the outcome and make sure any compensation you are awarded is paid in full.
N/B: There are multiple ways to file a mesothelioma claim, including traditional lawsuits, asbestos trust fund claims and Social Security disability claims. Military veterans exposed to asbestos during service may be eligible to file disability and health care claims with the U.S. Department of Veterans Affairs (VA).
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