Mesothelioma is a latent disease. Therefore, several mesothelioma patients may receive their diagnosis decades after initial exposure. Some mesothelioma patients can file for financial compensation depending on their occupation. Filing for a mesothelioma claim can be complicated for an average joe. However, a mesothelioma lawyer can assist you through the process. A mesothelioma lawyer has experience getting asbestos compensation through litigation like asbestos lawsuits and settlements.
If you, or someone you know, have been diagnosed with mesothelioma and you are considering legal action, your mesothelioma lawyer can help you determine if you are eligible for financial assistance to help cover your medical expenses, lost wages, and emotional struggle. Adequate monetary compensation can help alleviate financial burdens resulting from medical treatment. This compensation also helps to take care of the victim’s family.
Victims of asbestos-related diseases are eligible for a significant amount of financial compensation. The compensation mostly comes from manufacturers of asbestos-containing products. A qualified mesothelioma lawyer can help you file a claim against the liable companies or third-parties.
It is crucial to determine the type of claim you need to file, the proceedings of the whole process, the deadlines, and who may be liable for your compensation. We will discuss the things your lawyer can help you with while fighting a mesothelioma claim.
1. Case Evaluation
Your legal team may conduct a free case review for you to help you determine when, where, and how you may have been exposed to asbestos. A case evaluation also helps determine which manufacturers should be held accountable. Your legal team can consist of qualified professionals like a mesothelioma lawyer, paralegals, nurse, and other support staff.
2. Help File a Mesothelioma Claim
A mesothelioma claim is the first step in the legal process. It initiates the lawsuit. After you file a claim, the person you allege for compensation may contact your lawyer. They may offer an out-of-court settlement, or they may choose to fight the claim by starting a trial lawsuit. There are different types of mesothelioma claims. Your lawyer can help you file the best possible claim for your situation.
Types of Mesothelioma Claims
Your circumstances can affect the type of mesothelioma claim that you may file. The various types of claims result in different forms of compensation. Victims are eligible for both economic and non-economic damages. Economic damages can be calculated, while non-economic harms are more subjective. Your lawyer can file one of the following claims on your behalf;
Personal Injury Lawsuit
This type of claim helps you seek compensation from the company or the person you believe to be the cause of your asbestos exposure. Personal injury claims are mostly settled out-of-court. However, if your lawyer suspects an unfair amount of compensation, then (without hesitation) your case may be taken to trial.
Wrongful Death Lawsuit
If your family member died of mesothelioma, you could file a wrongful death claim. However, this type of lawsuit expects you to prove that your loved one may have been exposed to asbestos and their diagnosis and death resulted from that exposure. This type of claim can help family members pay for the funeral and burial expenses as well as loss of consortium.
Trust Fund Claims
Some companies are well aware of their involvement in asbestos exposure so they set up trust funds. It helps them avoid lawsuits while still providing compensation to those diagnosed with mesothelioma. Some companies may even declare bankruptcy to avoid being sued. Your attorney can help you determine if the company responsible for your exposure has a trust fund set up.
3. Help Receive Mesothelioma Compensation
Mesothelioma lawyers help mesothelioma victims receive adequate financial compensation. This compensation can help cover at-home care, travel expenses for treatment, end-of-life care, loss of income, and other related costs. You can receive $1 million to $1.4 million through settlement within 90 days. However, if the case goes to trial, you may receive more or less money in 1-2 years.
Types of Compensation for Mesothelioma Victims
Mesothelioma victims qualify for different forms of compensation depending on the type of lawsuit they may file. Your diagnosis and work history may make you eligible for monetary assistance from multiple sources. A mesothelioma attorney can help you decide the best form of compensation for your situation.
The two types of mesothelioma lawsuits can help you file cases against manufacturers of asbestos-based products. These lawsuits are
- Personal Injury Lawsuit
- Wrongful Death Lawsuit
Working with a top asbestos lawyer to assist you during the claim process can increase your chances of receiving compensation.
Asbestos Trust Fund Claims
Many companies that knowingly exposed people to asbestos declared bankruptcy after an increase in legal claims against them. Bankrupt companies can’t be sued for asbestos-related diseases. However, these companies were made to give up a certain amount of money to set aside as an asbestos trust fund for mesothelioma victims. Around $30 billion are available in asbestos trust fund compensation.
VA Benefits Claims
The Department of Veteran Affairs offers specific financial and healthcare benefits to US military veterans who suffered from asbestos exposure during service. The VA categorizes mesothelioma as a disability and provides monthly payments to victims. You can file for a mesothelioma lawsuit while receiving VA benefits. However, no legal action is allowed against the US military and government.
The Bottom Line
Mesothelioma is a physically and mentally draining disease. Your diagnosis can leave you confused and frustrated. An experienced attorney can help you deal with several legal issues involving mesothelioma resulting from asbestos exposure. After a free case evaluation, they can help you navigate through the various mesothelioma claim types and the various types of compensation that you may receive. Qualified mesothelioma lawyers can make the legal process easier for you. Hopefully, this article may have equipped you with the knowledge of the various things that your lawyer can help you with. A lawyer should assist you through the process to receive a timely and significant amount of compensation. Your lawyer may also make this difficult journey somewhat easier for you.