How to File Mesothelioma Compensation Claims

A financial award can assist in covering costs associated with an asbestos disease. This could include the cost of transportation, hiring a home health aide and the cost of alternative therapies.

Anyone diagnosed with an asbestos-related disease, including their surviving relatives, can file an asbestos compensation lawsuit or claim. A lawyer can help determine what claims are available to you and what your options are.

Getting Started

Finding an asbestos litigation lawyer is the first step in filing mesothelioma claims. Your lawyer will examine your case details and any available evidence to determine whether you have a valid claim. He or she will also ensure that you submit your lawsuit within the statute of limitations, since laws vary from state to state.

If you suffer from an asbestos-related disease, it may be possible to obtain compensation from a variety of sources. You could get compensation from liable companies or asbestos trust funds or insurance companies. Additionally, those suffering from mesothelioma are able to file mesothelio claims with the Department of Veterans Affairs to receive an amount of money for exposure and subsequent illness.

An attorney will usually begin by reviewing your medical records and employment history to identify possible asbestos exposure sites. Once a possible site has been determined, the lawyer will then gather any other evidence needed to back up your claim. This could include looking at asbestos-based products from the past, tracking past coworkers, and examining safety regulations for workplaces.

Asbestos attorneys will also help victims, and their families, determine what type of claim they need to make. The victim or their family can choose to file a wrongful-death lawsuit or a personal injury suit. Both of these claims stem from the company's failure to adequately alerting consumers and workers of the dangers of a asbestos-containing product. A lawsuit, however, is riskier and takes longer to resolve than settling.

After your attorney has determined the appropriate claim type, he or she will prepare your claim and gather any additional evidence to submit for review. Based on the asbestos trust you are pursuing, your case may be suitable for an expedited or individual review. A review that is expedited results in a fixed payment and an individual review can result in a larger payout.

After your lawyer has all the required documentation, he will file your lawsuit in the appropriate court. Most asbestos companies will agree to an out-of-court settlement instead of undergoing an expensive and lengthy trial. Some companies will fight the claim and refuse to settle outside of court.

Gathering Evidence

To file a claim for compensation asbestos victims must submit proof of exposure. This usually includes medical records that indicate a diagnosis for an asbestos-related condition like asbestosis, mesothelioma, or asbestosis. Additionally, mesothelioma and other asbestos attorney victims should have detailed employment history documents. These records should include names of employers who exposed the victim to asbestos. The person should have access to all of their medical records so that their mesothelioma or lung cancer doctor can examine them.

A mesothelioma lawyer with experience can assist a client in gathering the necessary evidence for their case. They can also assist in filing for multiple types of insurance that may be in place to help cover financial losses due to an asbestos diagnosis. Some of these insurance policies include workers' compensation, disability benefits, and VA claims.

Mesothelioma patients should know that they are able to bring a lawsuit against asbestos companies that are responsible for their exposure even if the company has gone bankrupt. However, most asbestos patients are better off filing a trust fund claim instead of a lawsuit as it is usually much simpler and faster to receive compensation through this method.

There are several different asbestos trusts that are able to compensate people who have been diagnosed with an asbestos-related illness. Each trust has a schedule that specifies how each type asbestos disease is valued and how much is paid out. Trust funds comprise tens and tens billions of dollars that are set aside to pay the majority of mesothelioma compensation claims.

A lawyer can help explain the most appropriate asbestos trust or lawsuit that is appropriate for each person's situation. They can also provide answers about statutes of limitations and other laws that govern asbestos lawsuits claims. They can also discuss the intangible expenses associated with an asbestos diagnosis such as loss of quality of life and negative impacts on family members. An asbestos lawyer with years of experience can assist victims and their loved ones receive the compensation that they deserve.

Filing the Complaint

asbestos attorney victims and their families need medical proof of asbestos exposure and diagnosis to file an asbestos claim. The mesothelioma legal procedure requires the assistance of specialized lawyers who have access to vast databases of information that identify where and when asbestos patients were exposed to dangerous asbestos-containing products. In some instances, attorneys might have information that establishes the connection between mesothelioma and toxic exposure. This evidence includes needle biopsy results, x-rays, MRIs and CT scans of the abdomen or chest that show signs of mesothelioma.

Asbestos claims must be filed within certain deadlines, also called statutes of limitation which differ by state. An experienced asbestos lawyer can assist victims and their families comprehend the deadlines that are applicable to their particular case.

Attorneys can also assist victims understand the type of compensation they are entitled to. The compensation could be derived from a variety of sources, including the companies who are accountable in an asbestos lawsuit, trust funds established by bankrupt asbestos manufacturers and workers' compensation.

The majority of people diagnosed with asbestos-related illnesses such as mesothelioma have jobs where they were exposed asbestos, for example shipbuilders and construction workers. In addition those who served in the military might be eligible for a mesothelioma-related disability compensation claim through the Department of Veterans Affairs.

Certain asbestos compensation claims are brought to trial, despite the fact that the majority of claims settle. It can make a difference whether you win or lose if your lawyer is well-respected by defendants and insurance companies for his ability to handle cases.

Asbestos lawyers will fight for every penny of compensation the client is entitled to. This could include a fair amount of compensatory damages to cover funeral and medical expenses, as well as punitive damages intended to penalize the defendant for his or her wrongdoing. In certain instances attorneys may seek compensation from several sources, which can increase the odds of winning the case of a victim. They can do this through filing liens with the Department of Veterans Affairs, the Trust Funds, and other sources.

Trial

A person who has been diagnosed with mesothelioma can bring a lawsuit against the companies who exposed them to the disease. Compensation that is awarded in a case that is successful will allow victims to pay medical expenses, make up the loss of wages, and provide relatives who may have to take care of them.

When a mesothelioma suit goes to trial, a jury or judge will decide the amount of money a victim receives. Trial verdicts often are much higher than settlement amounts. A mesothelioma lawyer who is skilled will strive to obtain the most amount of money possible for a client.

Defendant asbestos companies are usually found to be liable for a victim's illness through the legal concept of negligence. The court will decide that the defendants failed to exercise reasonable care in manufacturing, selling and using asbestos-containing products. Mesothelioma lawyers will rely on evidence collected throughout the process, including medical records, witness testimony and asbestos product testing, to support a negligence claim.

Insofar as the statutes of limitations have not expired, anyone diagnosed with asbestos-related illnesses can file a lawsuit in the state where they live or were exposed to asbestos. This deadline can differ by state. It is important to partner with a company who is familiar with the laws of every state.

A lawyer with experience can assist a client as well as their family understand the statute of limitations for every state and ensure that any claims filed are timely. Mesothelioma lawyers can help a client file in multiple states, based on where asbestos-related businesses were located as well as the place where the person was exposed asbestos.

Families of asbestos victims who have died can also file wrongful death lawsuits against the estates of victims as well as trust funds created during asbestos bankruptcy proceedings. These trusts pay compensation to the surviving relatives. The wrongful death award can be paid out in a lump sum or spread over several years. An attorney for mesothelioma can help a victim or their loved ones determine how to make a claim for wrongful death.