Types of Mesothelioma Claims
There are 3 types of claims that can be filed by mesothelioma patients and family members: Legal Claims, Veterans Affairs Claims, and Social Security Disability Claims.
With knowledge of compensation eligibility, filing process, and qualification requirements, patients and families can pursue one or more compensation options that are available to them.
Asbestos Trust Fund Claims
Many asbestos producers have filed for bankruptcy. Some filed because asbestos use in new applications dropped sharply in the late 1970’s when safety precautions were implemented by organizations like OSHA, leaving the asbestos company’s business model untenable. Others filed for bankruptcy to avoid future lawsuits.
To ensure that these manufacturers could not avoid their liability, the bankruptcy courts forced them to set money aside for future victims in what are known as Asbestos Trust Funds.
It has been estimated that over $30 billion is still available in these trust funds with as much as $16 billion being paid out between 2006 and 2012 alone.
Personal Injury Lawsuits
If a manufacturing company that is responsible for unnecessarily exposing you is still in business, you are entitled to file a lawsuit against them.
It is important to consult with a mesothelioma attorney as soon as possible after your diagnosis to determine how much time you have to file. Your attorney needs time to investigate your exposure history, determine all the viable defendants, and file your claims within your state’s prescribed time limits.
Most mesothelioma personal injury lawsuits reach a settlement before going to trial, which allows patients to focus more on treatment rather than their legal case.
Personal Injury Claims must be filed within the Statute of Limitations (SOL) in your state. Some statutes are as short as a year.
Wrongful Death Lawsuits
If a loved one dies from mesothelioma without having hired a mesothelioma attorney, the family may still be able to hire an attorney to file a wrongful death lawsuit on behalf of the deceased’s estate, as long as the SOL has not expired.
If an estate has not been set up or was not required, your mesothelioma attorney can refer you to an estate planning or elder care attorney who can do that for you.
Mesothelioma Claims Process
Most mesothelioma legal claims are handled with little required of the patient. An experienced attorney can simplify the case process so patients can focus on their health.
Hire a Mesothelioma Law Firm
Hiring a quality mesothelioma firm is the first and most important step in filing a claim. Mesothelioma lawyers work strictly on a contingency basis, meaning they only get paid a percentage of your recovery. Therefore, you never pay anything out of pocket.
Get a Visit from a Lawyer
Patients can hire the best law firms in the country regardless of location because top lawyers are national, which enables them to handle cases regardless of where you live or work. They fly to you and meet with you personally.
Lawyers Determine Exposure History
By thoroughly researching a patient’s exposure history, mesothelioma lawyers determine which companies to file claims against. The most experienced mesothelioma law firms have been researching asbestos products for many years and possess a detailed database of asbestos producers and workplaces.
Usually, the most work a patient is expected to do for their lawsuit is to provide a video deposition. This deposition is a record of their testimony to be used as evidence in the unlikely event their lawsuit goes to trial. Asbestos Trust Fund Claims do not require a deposition.
Most Suits End in Settlement
Lawsuits can seem overwhelming for many reasons, including the potential stress of a drawn-out trial. Fortunately, almost all mesothelioma lawsuits are settled before the trial date.
Importance of a Mesothelioma Lawyer
Having an experienced mesothelioma attorney on your side can make your filing process stress free so that you can focus on your treatment.
The Best Mesothelioma Lawyers Can Help You:
Receive the maximum compensation
This will help you to pay for any expenses associated with your treatment. It will also provide a security blanket for your loved ones in the future.
Have a stress-free experience
In most cases, you will never set foot in a courtroom. This allows you to spend your time focused on healing and combating your disease.
Save time due to their knowledge
Their ability to do all the research for you means they will handle every detail of your claim.