How to File a Mesothelioma Claim

Mesothelioma is a rare but aggressive form of cancer that affects the thin layers of tissue that cover the internal organs. Several factors like family history, radiation therapy to the chest, and living with someone who works with asbestos can increase your risk of developing mesothelioma. However, asbestos exposure is considered its primary and most common cause. In addition, this disease can stay latent for decades, and many patients receive their diagnosis decades after initial exposure.

The signs and symptoms of mesothelioma are quite similar to other lung and chest diseases. Therefore, doctors often misdiagnose it. However, some common symptoms include chest pain, shortness of breath, and persistent coughing. If you notice any of these symptoms, consult your general physician right away.

Different treatment options are available for mesothelioma patients. However, the treatment can cost hundreds and thousands of dollars. If workplace asbestos exposure is proven, victims of asbestos-related mesothelioma qualify for a significant amount of financial compensation. Adequate monetary compensation helps alleviate the financial burdens of the victim resulting from expensive treatment. It also helps to take care of the victim’s family. The financial compensation comes from manufacturers of asbestos-containing products, workplace managers, and employers.

Filing a mesothelioma lawsuit can be challenging for an average American. However, competent lawyers working at a reputable mesothelioma law firm can assist you through this process. These law firms have years of experience in dealing with asbestos-related cases. They can help you determine the type of claim you need to file, the statute of limitations in your state, the type of compensation you may receive, and help you navigate the whole process. In this article, we will discuss how to file a mesothelioma claim.

Types of Mesothelioma Claims

There are different types of mesothelioma claims that you can file, and each one results in a different amount of compensation. Your circumstances can impact the type of mesothelioma claim that you may file. Each case varies, and a competent lawyer can help you file a claim on your behalf. The various types of mesothelioma claims include; 

1.      Wrongful Death Lawsuit

The family members of a mesothelioma victim can file a wrongful death lawsuit after the victim’s death. However, the family members are expected to prove that the victim suffered from mesothelioma due to asbestos exposure. A wrongful death lawsuit helps family members pay for the victim’s funeral and burial expenses.

2.      Trust Fund Claims

Some companies are aware of their involvement in asbestos exposure and have set up trust funds to avoid lawsuits and provide compensation to mesothelioma patients out-of-court. A competent attorney can help you determine if the company responsible for your exposure has a trust fund set up and help you get compensation.

3.      Personal Injury Lawsuit

Personal injury lawsuits help you get compensation from who you believe is responsible for your mesothelioma. These lawsuits are usually settled out-of-court. However, if you receive an unfair amount of financial compensation, you can take your case to trial.

Filing a Mesothelioma Lawsuit

Most mesothelioma lawsuits follow a similar legal process. However, some cases can be slightly different from others. There are various steps involved in a mesothelioma lawsuit, which are as follows;

1.      Filing a Claim

Filing a claim is the first step in the legal process to initiate a mesothelioma lawsuit. After a claim is filed, the alleged person or company can contact your lawyer to offer an out-of-court settlement, or they may challenge your claim in court. There are different mesothelioma claims, and your lawyer can help you file the best possible claim for your situation.

2.      Evaluating the Case

Legal teams often conduct a free case review for mesothelioma victims to help them determine when, where, and how they may have been exposed to asbestos. A case evaluation also helps determine who should be held accountable for the exposure.

3.      Filing a Lawsuit

After case evaluation, you can file the respective mesothelioma lawsuit. Some state courts have a more favorable system regarding mesothelioma lawsuits than others. Your legal team can help you file your case in the best court system available for your case.

4.      Waiting for the Defendant’s Response

Defendants are notified after the court processes the lawsuit. They are given a time of 30 days to respond to the request for compensation.

5.      Discovery Phase

All the evidence that proves your claim is accumulated, and it can include;

• Witness statements

• Employment history

• Medical documents proving mesothelioma diagnosis

• Military service records

• Documents enlisting the asbestos-containing products or equipment the victim worked with

6.      Settlement or Trial?

Settlements involve defendants paying monetary compensation to victims out-of-court. In contrast, the trial is when both the defendant and victim provide collected evidence to the jury, and then the court gives a fair judgment.

The attorney and the defendant’s lawyer may work together to settle at any lawsuit stage. For example, mesothelioma lawsuits that are settled out-of-court can get victims $1 million to $1.4 million in compensation, and cases that go to trial can help win around $2.4 million in compensation. However, there is no guarantee that the victim will win through a trial. Therefore, most lawyers recommend settlements over trials. However, each case is different, and your attorney can help you choose the best way to get the compensation you deserve.

Types of Compensation for Mesothelioma Victims

Mesothelioma victims qualify for different forms of compensation depending on the type of lawsuit they file. This compensation can help cover at-home care, loss of income, end-of-life care, travel expenses for treatment, and other related costs. Based on their work history, some victims may be eligible for more than one form of monetary assistance. The different forms of mesothelioma compensation include;

1.      Mesothelioma Lawsuits

Personal injury and wrongful death mesothelioma lawsuits can help file a case against the manufacturers of asbestos-based products responsible for the disease. In addition, a competent asbestos lawyer increases your chances of receiving compensation and assists you through the claim process.

2.      Asbestos Trust Fund Claims

Bankrupt companies can’t be sued for asbestos-related diseases, so many companies aware of their involvement declare bankruptcy after an increase in legal claims against them. However, the court orders those companies to set aside a certain amount of money as an asbestos trust fund for mesothelioma victims. Around $30 billion are available in asbestos trust fund compensation nationwide.   

3.      Veteran Affairs Benefits Claims

The Department of Veteran Affairs offers specific financial benefits to US military veterans who suffered from asbestos exposure during service. In addition, the VA categorizes mesothelioma as a disability and provides monthly payments to victims. You can also file for a mesothelioma lawsuit while still receiving VA benefits.

The Wrap Up

A mesothelioma diagnosis can be emotionally devastating, and dealing with financial burdens can be challenging. Therefore, it is recommended to take legal action and receive compensation from the responsible person or company by filing a lawsuit. A mesothelioma lawsuit is a step-by-step process that helps you get appropriate compensation to pay for your treatment and other expenses. Hopefully, this article helped you understand how to do so.