How To File A Mesothelioma Claim
How To File A Mesothelioma Claim
How to file a mesothelioma claim may sound complex 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 certainly have a much better opportunity for success if you hire an experienced mesothelioma lawyer.
Experienced GPW mesothelioma attorneys 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 disease. 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.
Options On How To File A Mesothelioma Claim
Currently, there are many ways to file a mesothelioma 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 we are able to pursue claims in the venue that gives our client the best possible chance for a maximum recovery. Below is a list of a few possible options on filing a mesothelioma claim.
Mesothelioma and other asbestos related diseases are very frequently the result 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.
Damages covered by an asbestos claim:
- Medical expenses
- Lost income
- Pain or suffering
- Loss of intimacy
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.
There are two types of mesothelioma lawsuits:
- Personal Injury Claims: A lawsuit filed by an individual diagnosed with an asbestos-related illness.
- 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 may 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 claim. 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.
How to File Mesothelioma Bankruptcy Claims
In the previous couple of years, numerous asbestos production companies have filed bankruptcy for a range of factors. Filing for bankruptcy does not indicate the asbestos businesses have actually 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 an 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
The 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 may 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
The 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.
Deadlines for Mesothelioma Claims
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 exactly where and when the asbestos related injury occurred because an accurate diagnosis of mesothelioma typically comes 20 to 50 years after the initial exposure to asbestos. Filing a mesothelioma claim can be complex at first, a mesothelioma lawyer can make this process very simple.
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 an 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 originally 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. Mesothelioma lawyers are very valuable to those diagnosed with a asbestos related disease. A preferred florida mesothelioma lawyer is also very valuable to anyone diagnosed in florida.