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Asbestos & Mesothelioma: Know Your Legal Rights

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Did you know? One of the leading causes of mesothelioma is asbestos exposure. A claim made by reputable medical journals states that asbestos exposure leads to ninety percent of mesothelioma cases.

When you contract the illness, you’re in for a painful journey physically and financially. However, the silver lining in your predicament is you get an opportunity to hold your asbestos-related company responsible. 

When you use the law and seek justice, you can get the financial compensation that is rightfully yours. The legal system backs you up through a series of routes that you can take.

These are settlements, trials, trust funds, and lawsuits. But, before you can launch a case, you need to know how the legal system operates in these circumstances. To help you understand, here is what you need to know: 

What Are The Types Of Mesothelioma Claims?

The purpose of your filing is to get compensated for the financial losses you incurred during your treatment. A mesothelioma claim has four options. These are negotiated settlements, trials, trust funds, and lawsuits. Each of these options gets you financial compensation differently. A good mesothelioma lawyer will help you pick the most suitable choice. 

You cannot file a case on your own since the chances of you making a blunder are high. So contact a mesothelioma attorney and sort through the options you have. Here’s an overview of what’s in store for you:

Negotiated Settlements 

Some companies want to settle the legal case right away. They have a fixed amount in mind since they want to speed up the process after studying your claim. These values may be higher than you expect or even lower than the anticipated value. 

In both cases, your lawyer will suggest a suitable decision. You want to ensure the money you get offered is enough to cover your costs and look after your family. The amount you can win through a settlement has an approximate value of one million, but it can go higher. 

Trial By Verdict

When you go to trial, you need to appear in court. There’s a jury appointed to your case who will listen to both sides of the argument. After your case concludes, they will relay their decision about the claim. If the jury votes in your favor, you can receive up to five million. But, trials are slightly complex. 

The defendant that is the company you’re suing can file for an appeal and request to deduct the amount you get. If the court grants the defendant their wishes, you may face some loss in your winnings. 

Trust Fund Claims

Many asbestos companies have trust funds. These companies may be going through bankruptcy, so settle all their legal affairs by setting money aside. When you file a trust fund claim, the company reviews your case. 

According to what you submit, they assign it a value. So the compensation you receive is a carefully calculated value. The company wouldn’t want to give all its funds simultaneously to one client. They wouldn’t want you to be underpaid. 


When you go for a lawsuit, you get to file under two headings: Personal injury lawsuits and wrongful death claims. Lawsuits are complex. You’re using a company for what they did. That’s why investigating the purpose behind the claim is essential. Here’s what you need to know about both:

Personal Injury Lawsuits

When filing for a personal injury lawsuit, the jury considers several factors. They will pay attention to the losses you incurred, medical bills, and the suffering you endured. You also have a chance of winning punitive damages. This is the court’s way of punishing the defendant, which is the company you’re using, for their recklessness. 

Wrongful Death Claims

Wrongful death claims are lawsuits on behalf of a loved one who passed away from mesothelioma. The jury may award the family or your compensation for every loss, including funeral costs. They may also factor in the price of treating cancer and add that to the list of compensations.

How to File a Claim?

The process of filing a claim is much more straightforward when you have a lawyer by your side. Lawyers specializing in asbestos claims know the system inside and out. They can guide you on the documents you need to submit, such as your diagnosis, exposure history, and medical bills. These aids you in building a solid case that can withstand any challenge defendants may throw your way. While the entire process is extensive, here’s an overview:

  • Find A Good Lawyer. You can’t work without an attorney. Let the internet and referrals be your guide in locating a good mesothelioma lawyer. 
  • Collect Relevant Evidence. Your lawyer will guide you on what you need for your claim. These include your medical, employment, testimonies from your exposure, and financial records. If there is more paperwork required, your lawyer will inform you. A case stands on facts and figures. As long as you have the figures, you have a case. 
  • Draft A Case. Your lawyer will first check if your case falls under the statute of limitations. If you’ve crossed your given time, your claim is ineligible for filing. After the lawyer drafts your case, they will walk you through your options. You’re looking to get compensated, not risk losing the case. So follow your lawyer’s advice and submit a claim.

Wrap Up

A mesothelioma diagnosis is hard to hear. The process of getting treatment can become stressful. One of the biggest grievances anyone with cancer has is the cost. However, when it comes to mesothelioma, you’re not alone. The law backs you up through different options. It allows you to settle, sue, submit a claim or go to trial. You get the opportunity to receive proper financial compensation.

But, before you can start the legal proceedings, you need a competent lawyer by your side. The legal system is complex. If you wish to navigate through it properly, you need all the help you can get. From there, it’s a matter of you filing a claim and getting your dues. 

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