Asbestos and Mesothelioma Claims

To receive compensation, filing a mesothelioma claim is the first step for victims of asbestos. Various types of claims can be filed, depending on your case situation. It includes worker’s compensation, asbestos trust funds, personal injury lawsuit, wrongful death lawsuit and veteran’s benefits. Each state as its own statutes of limitations.
With the help of experienced attorneys, your case will proceed more efficiently and have a good chance of receiving compensation. The right lawyers provide free legal advice and can handle the entire lawsuit process from the beginning till end.

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Know the Options for Filing a Claim

To file a mesothelioma claim, various ways including asbestos trust funds claim, disability claims and VA claims for military veterans.

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Litigation

Companies responsible for asbestos exposure may result in compensation for various types of damages. It covers medical expenses, lost wages, pain and sufferings, physical and emotional trauma.
It is required to keep all your medical and financial documents with you. This helps your lawyer to examine all additional expenses to be covered under your claim.

Types of Mesothelioma Lawsuits

  • 1

    Personal Injury Claims

    Individuals who were exposed to asbestos and later developed mesothelioma, may be entitled to receive compensation through personal injury lawsuit.

  • 2

    Wrongful Death Claims

    If the victim who has originally filed a claim passed away, then a wrongful death claim can be filed by the mesothelioma victim’s family member on his behalf.
    The legal action need to be taken within the state statutes of limitation.

  • 2

    Statutes of Limitation

    It is the time period in which you have to file a claim set by the state courts. Every state has its unique statutes of limitation.

How Claims Are Paid?

Bankruptcy Trust Funds

Most of the asbestos companies confessed that they unknowingly hide the truth of using asbestos in their workplaces from the workers. To compensate workers, these companies establish asbestos trust funds which are managed by trustees.
Currently, there are more than 60 asbestos trust funds in the United States. A skilled lawyer can help you determine if the negligent party has a trust fund or not and help you file a claim.

Worker’s Compensation

If you are suffering from asbestos-related disease, you may be eligible to file for worker’s compensation to cover the damages caused. The statute of limitations for this compensation varies as per each state. An experienced mesothelioma attorney can provide you more information and help file a lawsuit against the manufacturers of asbestos products.

Veterans Benefits

Many veterans of the U.S Armed Forces have a risk of developing mesothelioma because of the use of asbestos in shipyards, military machine tools and parts. The people who were exposed to asbestos while serving their military career are likely to qualify the benefits through the Department of Veterans Affairs (VA).
Filing a claim through VA is a different procedure than filing a claim against negligent company or asbestos trust funds. Veterans can seek disability compensation, dependency and indemnity compensation.

Establishing the history of your Asbestos Exposure

To file an asbestos claim, just showing an asbestos exposure alone is not sufficient. For winning the case, you need to prove that you are suffering from asbestos related disease.
But you can’t file an asbestos claim against your employer, it must be verified that you have been exposed to asbestos by a particular defendant at particular location. In some cases, victims do not know the name of the manufacturer of the asbestos product used at your job site. You don’t need to worry, our experienced asbestos attorneys have wide database that can help you recognise your particular details of asbestos exposure.

Mesothelioma Claims Deadlines

It is difficult to determine the specific time for an asbestos calamity because it may take around 10 to 50 years after the first exposure to develop an asbestos related disease. Due to this long diagnosis period, courts have introduced Statutes of Limitations in each state.
Statute of Limitations is the time frame in which a person has to file a claim. It varies from state to state and once the person is diagnosed with an asbestos related disease this time frame actually starts.

How An Asbestos Attorney Can Help You In Filing A Claim?

An asbestos attorney can help victims fill out the required forms in a proper manner. They gather all the related official papers necessary to prove your mesothelioma claim. This includes your medical history like when, where and how long the asbestos exposure happened. Your attorney needs to fill the form with accurate details completely. Otherwise, the chances of rejection will be there.
A bankruptcy trust administrator will examine your submitted claim and review all the documents attached to it. They will determine the amount of compensation payable to you. It is the job of your lawyer to ensure that the bankruptcy trust administrator place your claim in order and help resolve any disagreements or issues that may arise over the amount of settlement owed.
Plaintiffs need to be very cautious while selecting attorneys; they should be acquainted with the laws relating to mesothelioma claims.

Are you a mesothelioma victim?

It’s time to file a claim and seek financial compensation. Contact us for free case evaluation and to explore your legal options.