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 mesothelioma diagnosis.
In asbestos injury cases, there are two primary types of mesothelioma claims that may be filed. The first is a personal injury claim, which is typically filed by a patient who has received a diagnosis of mesothelioma. The second is a wrongful death claim, which can be filed by a family member in cases involving a loved one who has died from asbestos-related diseases or cancers. Specific rights involving these claims vary depending on the state in which the case is filed.
There are also options for ways to work the claim: through a bankruptcy trust; through litigation; through workers’ compensation; and through veteran’s benefits.
Options for Filing Mesothelioma Claims
There are multiple ways to file a mesothelioma claim. Your attorney can advise you on the best option(s) for your situation.
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 that the asbestos companies have run out of money. Instead, most asbestos companies who declare bankruptcy simply do so in order to reorganize and become more stable. In some cases, the courts involved in these bankruptcies have ordered the creation of mesothelioma compensation funds, also known as trust funds. These funds are intended to provide compensation for patients affected by mesothelioma. A mesothelioma lawyer can help you determine whether the company responsible for your injuries has a trust fund and also help in filing a claim.
Litigation is another option if you have been diagnosed with mesothelioma. Asbestos-related medical problems such as mesothelioma 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 which may be covered by an asbestos claim include:
- Lost income
- Pain or suffering
- Medical expenses
- Loss of love, services and sexual relations from a spouse (known as loss of consortium)
A mesothelioma 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 mesothelioma claim. After speaking with your attorney you may determine that a lawsuit offers the best opportunity to obtain a large award for your injuries.
Other Types of Claims
If you suspect you were exposed to airborne asbestos on the job or while in the military, you may be able to file a claim for workers’ compensation or veteran’s benefits. Your local workers' compensation board or the Veteran’s Administration can provide more information. However, these types of claims can be complex, so it is also wise to speak with a mesothelioma attorney to evaluate your options.
The Veterans Assistance Department at Asbestos.com can help you with filing an asbestos claim. Please call (800) 615-2270 or contact our Veterans Assistance Department for more information.
Resources available at Asbestos.com can only offer basic assistance in understanding the generalities of the mesothelioma litigation process. If you seek legal information, it is always a good idea to speak with a qualified lawyer of your choosing to ensure that you get accurate information regarding any potential claim that you might have.
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