claims provide financial help for patients
and families who are facing the high costs of medical bills and caregiving expenses, as well as other life-changing losses due to the devastating asbestos cancer
Asbestos exposure is the only known cause of mesothelioma
, a cancer
that develops in the tissue lining the lungs and other organs. Most mesothelioma patients
were exposed to asbestos
on the job or during their time in the military. Some family members may have faced secondhand exposure
through asbestos fibers
carried home on uniforms, skin or hair.
The companies that produced asbestos products understood the health risks but failed to warn workers and consumers.
Years later, people are still being diagnosed with mesothelioma
and other life-threatening asbestos diseases, which can have a latency period of 15 to 60 years.
In order to pursue a mesothelioma
claim, you must be able to show which company
(s) is responsible for your asbestos exposure. To do this, an experienced mesothelioma lawyer will
track down blueprints of the factory or shipyard where you worked, for example, to show where and what type
of asbestos materials were used. The attorney will
also research records showing which companies
supplied asbestos materials to the jobsite. In addition, your legal team may talk to former co-workers about what they remember regarding the asbestos materials that were used.
All of this evidence will
help prove which company
should be held liable for the harm you and your family are now suffering.
Options for Filing a Claim
For mesothelioma patients
and their families, there are several options for filing claims for compensation or benefits
to cover all of the expenses associated with this devastating disease. A top-rated asbestos
attorney can explain your options and help you explore:
Personal injury claims
Mesothelioma patients can pursue personal injury claims
against the company
(s) responsible for their exposure
. These claims
seek payment for past and future medical expenses, lost wages, diminished earning capacity, and pain and suffering. Oftentimes, these personal injury lawsuits are settled out of court because the companies
responsible want to avoid the risk and expense of going to trial
. However, you should choose an attorney who has extensive trial experience in case your best option is to see your claim
through to a verdict.
Wrongful death claims
If you have lost a loved one to mesothelioma
or another asbestos
-related disease, you may be entitled to file a wrongful death claim
. These claims
can help families recover compensation for funeral and burial expenses, the patient
’s medical expenses, the value of lost support and services, the value of lost wages and benefits
, etc. Although no amount of money can help ease the pain
of losing a loved one, a wrongful death claim
can help ease the financial burdens families face.
Asbestos bankruptcy fund claims
Because some asbestos companies
have gone out of business or filed for bankruptcy, money has been set aside in special trust funds to compensate patients
and their families. Pursuing money in a trust fund claim
is different from filing a lawsuit, but you still need an experienced mesothelioma
attorney to help you navigate the process.
Veterans’ benefits claims
Asbestos products were commonly used in the Navy and other branches of the service. Veterans who have been diagnosed with mesothelioma
are eligible for monthly VA benefits
Social Security Disability claims
Patients who are diagnosed with mesothelioma
before retirement age may qualify for Social Security Disability Insurance (SSDI) benefits
Workers’ compensation claims
For people who were exposed to asbestos
on the job and had to leave work due to their mesothelioma
diagnosis, workers’ compensation benefits
may be available to help cover the costs related to the occupational illnesses.
If you want to learn more about mesothelioma
claims and the compensation you may be entitled to receive, contact us now to discuss your situation with a qualified mesothelioma lawyer
Mesothelioma Insurance Claims
When a person is diagnosed with mesothelioma
, health insurance is typically the first option to help cover the costs of treatment. However, there may be other types
of insurance coverage you can tap into to manage expenses while your legal claims are pending.
Medical insurance claims
Medical insurance coverage can vary widely depending on the carrier and the type
of policy. Most patients
will have a co-pay and a potentially high deductible to meet when relying on health insurance to cover the costs of mesothelioma
treatment. In addition, the insurance plan may only cover visits to certain doctors
. When you choose a lawyer
to handle your mesothelioma
claim, ask about how he or she can help manage the burden of dealing with the health insurance company
Disability insurance claims
Patients may be able to file a disability insurance claim through their employer, or they may be able to tap into Social Security Disability Insurance.
Supplemental insurance claims
Some patients may have supplemental insurance in addition to their primary health insurance. An attorney can help you review your insurance policies to determine all possible options for covering your health care expenses while your legal claim is pending.
Life insurance claims
Many people have life insurance policies to provide for family members in the event of their death. Money from a life insurance claim
can help family members afford lingering medical bills and other financial burdens after a tragic loss.
Deadlines for Mesothelioma Claims
Each state has a deadline, or statute of limitations, for filing a mesothelioma claim
. These time limits, which vary from state to state, are based on either the date of the patient’s diagnosis or the date of death.
Location Personal Injury Statute of Limitations Wrongful Death Statute of Limitations
Common Questions About Mesothelioma Claims
If you or a family member has been diagnosed with mesothelioma
, you likely have many questions about the asbestos claims
process. Here are some of the answers to the most frequently asked questions:
Why do I need a mesothelioma lawyer to file a claim?
Asbestos litigation is a complex area of law. The best mesothelioma
lawyers have extensive experience
and the resources needed to handle these types
. Your lawyer will
need to thoroughly research and document your history of asbestos
exposure to determine what product(s) led to your mesothelioma
and what company
(s) should be held liable. Your mesothelioma
also need to gather comprehensive evidence of the damages you have suffered as a result of your illness, including past and future medical expenses, lost wages, pain and suffering, and other intangible losses.
Armed with the evidence needed for a strong case, your attorney will
aggressively negotiate for a full settlement offer ─ and be prepared to take your claim
if the defendant(s) refuse to offer a fair payout.
Can family members file claims on behalf of mesothelioma patients?
Many caregivers are concerned about whether their loved ones have the strength to go through the legal process of filing a mesothelioma claim
. They want to do everything they can to take the burden off the patient
, and that’s totally understandable. An experienced mesothelioma claims lawyer will
handle all the legwork in the claim
without putting added pressure on the patient
or the family. This includes travelling to meet with the patient
and family in person.
If a patient
dies before their mesothelioma claim
is resolved, a family member may be eligible to carry on with the claim
on their behalf. If a mesothelioma patient
dies before a personal injury claim
can be filed, family members may be able to file a wrongful death claim
Who actually pays the compensation if I win?
If you secure compensation through a personal injury or wrongful death claim
against a company
), the compensation will
come from the at-fault party’s insurance carrier. If you are pursuing an asbestos
bankruptcy fund claim
, the payment would come out of the money set aside in the trust for asbestos
victims and their families.
How can a lawyer prove asbestos exposure when it happened so long ago?
Lawyers who devote their practice to asbestos claims
have spent significant time documenting where
these dangerous materials were used. Your legal team will
work to track down blueprints of your old workplace and descriptions of the asbestos
materials used, as well as conduct interviews with former co-workers or service members. An experienced asbestos lawyer will
know what evidence is needed to craft an airtight case.
How much money can I expect to win?
The amount of compensation you are owed will
depend on the economic losses suffered (such as medical expenses and lost wages) and non-economic losses (such as pain and suffering, etc.) Your asbestos lawyer will
meticulously document all the damages in your claim to ensure you are demanding the maximum compensation you deserve.
I was exposed to asbestos, but I have not been diagnosed with an asbestos-related disease. What options do I have?
If you have not been diagnosed with an asbestos disease, then you cannot pursue a claim for compensation because you have not suffered any damages due to your asbestos exposure. However, you should talk to your doctor
about your history of exposure
and monitor your health
It may also be helpful to write down anything you remember about your history of exposure
, such as when and where it happened and what asbestos products you worked with.
How long does an asbestos lawsuit take?
The legal process of recovering compensation through a mesothelioma
lawsuit can be time consuming. However, some states have laws that require cases involving patients
with life-threatening diseases to be expedited. In most claims, a skilled mesothelioma
argue to resolve an asbestos claim within one year.
Can I file for punitive damages in a wrongful death claim?
Punitive damages may be awarded as a means of punishing the at-fault party for egregious behavior and deterring others from doing the same. Punitive damages are only awarded in extreme cases, and your attorney can advise you on what to expect based on the specific circumstances of your claim.
Can I file a wrongful death claim even if my spouse didn’t start a personal injury claim before he/she died?
Yes, you can file a wrongful death claim
as long as the statute of limitations has not passed.