Mesothelioma is an aggressive and deadly cancer caused by exposure to asbestos. The diagnosis of this tumor makes the person or their family eligible to file a mesothelioma claim. The claim aims to hold companies legally liable for asbestos exposure. Mesothelioma claim, also known as an asbestos claim, allows the families and affected persons to demand compensation for the damage caused to their health and life.
The compensation mostly covers medical expenses, loss of work, transportation expenses, the cost of pain and suffering, and funeral costs (in case of death). Anyone within the Statute of Limitations who possesses documents for mesothelioma diagnosis along with medical reports from the consulted cancer center is eligible to file the claim.
There are four types of mesothelioma claims: personal injury, wrongful death, department of veteran affairs claim, and trust fund claims.
As a result of your asbestos claim, you can get compensation by a settlement, a court trial verdict, or the asbestos trust funds. The payments of claims also vary; for instance, an asbestos settlement is often between $1 million to $1.4 million, while an average jury verdict award is $2.4 million. Thousands of victims have received compensation for successfully putting their claim to the responsible companies. You can learn more about the types of mesothelioma claims below.
Types of asbestos claims
A person dealing with mesothelioma or a family whose loved one died of asbestos exposure may not be familiar with their options to file a claim. In reality, patients and their families have various options for seeking compensation.
Here is an overview of the four types of mesothelioma claims open to the plaintiff.
1. Personal injury claim.
The first one is the personal injury claim. The proceeding of your case varies depending on the outcomes of your complaint. Often the offenders contact the victim and offer a settlement amount to drop the case. In the other option, the juries award monetary damages to the patient and their families. The monetary reward considers various costs and expenses borne by the victim and their families before making a judgment.
In some cases, the jury also awarded punitive damages to the wrongdoers. Punitive damages are monetary punishments awarded in addition to the actual damages at the court’s discretion in cases when the defendants particularly behave in a harmful manner. The aim of punitive damages is to stop such occurrences in the future. However, most mesothelioma lawsuits do not reach the courtroom trials and instead settle outside.
2. Wrongful death.
Another claim is made for wrongful death by the family of a victim who died from asbestos exposure. In these cases, the jury also considers other damages such as funeral costs in addition to tumor-related costs when deciding a compensation amount. In some cases, the patient dies before the case is resolved, but the victim’s estate can still pursue the case on their behalf. Following a compensation award, the estate becomes the legal recipient.
3. Department of veteran affairs claims.
When a person gets exposed to asbestos during their service in the military, they are eligible to file for veteran affairs claims for compensation and health benefits from the department of veteran affairs.
4. Trust fund claims.
Many companies have developed asbestos trust funds to compensate those exposed to asbestos. Companies do this to avoid going further into asbestos lawsuits by paying the affected people without controversy.
You need an experienced attorney to help take your case to court or receive compensation from the responsible companies in all these cases.
Here is more about why you should hire an experienced attorney.
Help understand your eligibility for a claim.
Health is the main priority of a person diagnosed with mesothelioma. Therefore, they may not know the difference between claims and their eligibility. The lawyer will help them understand the difference and give them the right legal advice based on their individual circumstances.
Help file the mesothelioma claim.
Filing for a mesothelioma claim can be very complicated. There are often a lot of requirements to fulfill and documents to gather to file a complaint. Therefore, hiring an attorney experienced in such matters might be essential.
Navigate all the information on your behalf.
Mesothelioma has a long latency period. It might be years before symptoms of mesothelioma appear in the affected person. As a result, you may not be able to trace all the companies you worked for or the location where you got exposed to asbestos. Those companies might have changed their names, filed for bankruptcy, or do not exist today. Therefore, a lawyer well-versed in such situations will help you conduct all the investigations to help you build a strong case. They have multiple resources to help them with their investigation.
Receive a specialized service.
A lawyer specialized in mesothelioma cases can offer you specialized service, unlike an attorney dealing with all kinds of personal injury claims. Such lawyers have a network of contacts that help them gather the information long lost under the files or official records. They will also expertly review patients’ medical records, asbestos exposure history, look for the companies who manufactured the products, and win the lawsuit for you.
Receive maximum compensation.
The end goal of the claim is to receive a good amount of compensation for you and your family. A mesothelioma attorney will help you do so. For example, you might be eligible to file claims and receive compensation from various sources, including settlement, court verdict, and asbestos trust funds. But how will you know which track to take to get the maximum payment? A mesothelioma lawyer will help you take the right steps and choose the most appropriate course of action. In most cases, mesothelioma lawyers do not charge any out-of-pocket fee; instead, they receive a small part of the compensation, called a “compensation fee.” It helps the family already dealing with the high medical bills of their loved ones and other financial difficulties.
Having mesothelioma or seeing your loved one suffering from it is very painful. Moreover, the financial burden caused by prolonged and costly medical treatment is also significant. In times of despair, mesothelioma compensation gives the family a ray of hope.
The money can help the family meet their financial needs. It punishes wrongdoers for negligence while shedding off the immense financial burden from a family going through this trauma.