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How To File A Mesothelioma Claim in 2019

How To File A Mesothelioma Claim in 2019

Mesothelioma claims

Mesothelioma Claims in 2019

 

Mesothelioma claims may sound complicated at first. If you or a loved one is looking for maximum compensation for asbestos-related injuries, picking the best mesothelioma lawyer is an essential first step.

Your case will undoubtedly have a much better opportunity for success if you hire an experienced mesothelioma lawyer.

The lawyers at GPWLaw MI have extensive knowledge of asbestos products; we know when and where they were sold. We can assist you in identifying which asbestos companies are responsible for your asbestos exposure and resulting mesothelioma or other asbestos-related diseases. A mesothelioma lawyer is not only an expert in litigation but is an expert on mesothelioma trust funds that have been set aside for victims nationwide.

How Do I file a Mesothelioma claim in 2019?

Mesothelioma ClaimsYou can file a mesothelioma claim or mesothelioma lawsuit by hiring a well-educated asbestos lawyer. A mesothelioma lawyer will have the knowledge as well as experience to ensure your mesothelioma lawsuit is filed accordingly and do their absolute best to ensure you receive the maximum amount of compensation possible.

 

    • The First Step: Do your research and find a mesothelioma lawyer that has expertise in filing claims for mesothelioma, asbestos litigation & mesothelioma lawsuits.
    • The Second Step: You will need to give your attorney critical information regarding your asbestos exposure history at work or known second-hand asbestos exposure as well as documents that confirm your diagnosis of mesothelioma from a medical physician.
    • The Third Step: Relax, let your experienced mesothelioma attorney work for you by filing your mesothelioma lawsuit. Your attorney may reach out to you for more information from you regarding your mesothelioma lawsuit. Be open with them and do your best to provide them with as much information as you can.

The living family members of a mesothelioma victim are also able to file a mesothelioma lawsuit. The potential damages covered by mesothelioma lawsuits are medical expenses as well as wages lost. Mesothelioma Statutes of limitations will typically vary by state.

What are the Options to File an Asbestos Claim?

Currently, there are many ways to file an asbestos claim. This can include but is not limited to classic 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).

Here at Goldberg, Persky & White P.C., we are able to pursue claims in the venue that gives our client the best possible chance for maximum recovery. Below is a list of a few possible options on filing a claim.

Litigation

Mesothelioma and other asbestos-related diseases are very frequently the results of a corporation’s negligence or a company’s failure to warn of asbestos hazards. Filing a lawsuit against the company or companies responsible for your asbestos exposure may result in compensation for many types of damages.

What is Covered in A Claim?

Asbestos ClaimA claim for mesothelioma compensation can cover a multitude of different damages. The damages covered can include:

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.

What are the types of Mesothelioma claims?

Mesothelioma claimThere are two types of claims:

  • Mesothelioma Personal Injury Claims: A lawsuit filed by an individual diagnosed with an asbestos-related illness.
  • Mesothelioma Wrongful Death Claims: If the original claimant dies as a result of the disease, family members or loved ones may be able to step in as plaintiffs. If a claim was never submitted, they might have the option to file a wrongful death claim on behalf of their deceased loved one.

Your attorney will be aware of the legal options available and can guide you through the process of filing a mesothelioma lawsuit. After speaking with your attorney, you may determine that a lawsuit offers the best opportunity to obtain a large award for your injuries. Most mesothelioma lawsuits are settled out of court before a trial takes place. This is called mesothelioma litigation, and our attorneys are well experienced when it comes to filing a mesothelioma lawsuit and have done so for over 40 years.

Can I file an Insurance Claim for Mesothelioma?

Medical, Disability, and Life insurance claims for mesothelioma patients are often regarded as the more phlegmatic way to receive compensation within a timely manner. Medical insurance contracts can be cumbersome to understand without a high level of knowledge in how exactly terminal cancers are covered. With that being said, without working with an attorney, it may be difficult to get the full coverage that you are owed.

Life Insurance Coverage

This form of insurance comes into play after a loved one has passed away. In terms of mesothelioma, this form of insurance often comes into play for families before they even begin to think about hiring an attorney. Life insurance is one of the most common forms of policies sold by insurance companies.

Insurance Regarding Medical Coverage

Medical insurance is required under federal law ever since the “Obamacare” policies enacted by our last presidential administration. However, when it comes to medical coverage for terminal illnesses such as asbestos-related diseases like mesothelioma, random and unexpected expenses may arise which can lead to families having to dip into their savings. This is not acceptable and working with an asbestos attorney can help adjust this dilemma in your favor.

Coverage for Disability

This form of insurance coverage is also common like medical, but only applies in specific and unique circumstances when it comes to cancer treatment. Disability kicks in when an individual is physically incapable of working due to injuries or other medical-related issues that prevent them from working for their income. It is meant to cover the inability to work due to injury. Its main goal is loss aversion. In regards to mesothelioma, typically these forms of claims are filed for those who are above the federal social security age requirement to receive disability. Give us a call and we will work with you.

How to File Mesothelioma Bankruptcy Claims

Numerous asbestos production companies have filed bankruptcy for a range of factors. Filing for bankruptcy does not indicate the asbestos businesses have run out of money.  Many of the asbestos companies that file for bankruptcy just re-organize to limit their liabilities to asbestos victims. In many cases, the courts associated with these corporate bankruptcies ordered the development of asbestos trust funds, likewise referred to as mesothelioma trust funds.

These funds are meant to provide compensation for people impacted by asbestos-related cancer. A mesothelioma lawyer can assist you in figuring out which asbestos companies are responsible for your injuries and help you file a claim.

How to File Mesothelioma Workers Compensation Claim

How to File Workers Compensation ClaimThe laws for workers’ compensation vary from state to state. Some worker’s compensation laws change every year as well. If you were recently diagnosed with an asbestos-related illness such as mesothelioma, you might be able to file for workers’ compensation to your cover medical bills and wage loss.

Eligibility and compensation are separate things under the law. The workers’ compensation board in your particular state can provide more information on the matter. An experienced mesothelioma lawyer can assist you in filing all appropriate claims.

While filing for workers’ compensation may be a viable option, a lawsuit often provides much larger compensation. Before pursuing any workers’ compensation, one should speak with an experienced mesothelioma lawyer to determine if a traditional lawsuit is a better route for your specific case.

Most attorneys don’t file a claim against your former or current employer because workers compensation is generally an employees exclusive remedy against their employer. Instead, attorneys typically file lawsuits against the manufacturers of asbestos-containing products that were used at the victim’s place of work. These product manufacturers are generally held liable for the damages.

How to File Mesothelioma Veterans Benefits Claim

How to File Veterans Benefits ClaimThe brave men and woman who served in the U.S. armed forces have a much higher risk of developing mesothelioma and other lung diseases due to the dependence on asbestos in vessels, barracks, tools and machinery, and other such sources. Men and woman who served in the U.S. Navy, especially those who worked in shipyards are at the highest risk.

Besides claims against responsible asbestos product manufacturers, armed forces veterans can file claims with the VA when seeking compensation for any injuries or illnesses resulting from their military service. Veterans can seek disability compensation, VA health care, and dependency as well as indemnity compensation.

What are the deadlines for a Mesothelioma claim?

Unlike the common personal injury claims where the clock starts ticking at the specific moment of the victim’s injury, it’s difficult to determine precisely where and when the asbestos-related injury occurred because accurate diagnosis of mesothelioma typically comes 20 to 50 years after the initial exposure to asbestos. Check out our article here on mesothelioma statute of limitations for more information.

Due to this long latency period, some courts have made exceptions applying statutes of limitations.

“Statutes of limitations” refer to the time period a victim has to file a claim for their illness. For victims of asbestos exposure, this time period usually begins once a person is diagnosed with asbestos-related cancer such as mesothelioma.

A qualified mesothelioma attorney can ensure your claim is filed before the statute of limitation expires.

You may also be able to file a lawsuit in multiple states. Doing this depends on the location of the organizations identified as defendants and where the asbestos exposure initially occurred. An attorney who specializes in these cases can further explain your rights, which vary by state and jurisdiction, in this particular field of law.



73 Comments

  • Nick Romano
    Reply April 23, 2019 at 8:07 am

    Great article

  • Andy
    Reply April 23, 2019 at 11:04 am

    Thanks

  • Caroline K
    Reply April 23, 2019 at 12:09 pm

    Great article!

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