If you or a loved has a mesothelioma diagnosis, filing for a claim allows you to potentially obtain financial compensation. Not only does this relieve the economic burden of paying for various medical expenses associated with the disease, it also grants peace of mind when it comes to financial security. You would file a claim through an asbestos trust fund, your employer, or another entity depending on how you believe you contracted mesothelioma. Although it may seem daunting to go through the claim process, you can lessen the stress by familiarizing yourself with the steps involved and knowing what to expect. Consider working with a mesothelioma attorney who can guide you throughout the whole process and offer caring legal services.
Be aware that mesothelioma claims can be complicated since symptoms of the disease typically appear years after asbestos exposure. The steps involved in filing a claim generally include satisfying the requirements for eligibility, determining the type of claim, preparing evidence, and waiting for the outcome. You are likely eligible to file a mesothelioma claim if you can provide proof linking your diagnosis with asbestos exposure.
The following are what you will need for your claim:
- Proof of diagnosis in the form of medical records
- Work history in the company involved in your claim
- Testimony establishing the relationship between your asbestos exposure and mesothelioma diagnosis
- Financial documents that show how the disease brought on financial hardships
A mesothelioma attorney can help shed light on any concern you may have regarding the filing of your claim. They can also assist with proving a company’s liability. Often, showing asbestos-related medical records is the easy part. It can be more challenging to identify which specific product or which point in time asbestos exposure took place. Your lawyer can lend you a hand with these and more, and use vital information and tools that are critical in building a strong case.
How Long It Takes to File a Claim
The timeframe for your case greatly depends on several key factors, such as your exposure history, your age at the time of diagnosis, the stage of your illness, and available legal options. It could take a minimum of about six months before you complete all the essential documents and information for your claim. Keep in mind that state laws set time limits for filing claims, and the clock usually starts from the date of your diagnosis. Your lawyer may be able to move your case quickly through the process if you are already in poor health or a senior citizen.
Where You File Your Claim
It is possible to file your case in multiple states if your residence, current company, and site of exposure are in different states. Sometimes, it is enough to file the claim in your state. Your choice of court location can have an impact on your case, especially since some legal venues are willing to expedite cases. With others, it may be a year or more before the court hears their case. Your lawyer will be able to give you advice on where you should file your claim reviewing the facts of your case.
For a free legal consultation, call (800) 217-6099
Who Pays for Mesothelioma Claims
Depending on the situation, compensation can come from various sources. Parties that commonly pay for mesothelioma claims include the following:
- Negligent employers, like asbestos product makers, asbestos mine operators, and other companies using or distributing asbestos products
- Asbestos trust funds
- Department of Veterans Affairs
- Insurance companies, including workers’ compensation
Many companies that were responsible for exposing their employees to asbestos created trust funds to ensure they can pay future claims even if they file for bankruptcy. Similarly, the U.S. Department of Veterans Affairs (VA) is prepared to pay for medical and other expenses related to asbestos exposure because it recognizes that veterans possibly contracted mesothelioma during their military service.
The Types of Mesothelioma Claims
You will likely be filing either a personal injury or wrongful death claim. The most apparent difference between the two is that a patient can file a personal injury claim following a mesothelioma diagnosis, while loved ones of a deceased patient can file wrongful death claims. Patients and their loved ones can use the compensation to cover medical expenses, lost income, and other related costs. It is also possible to file other types of claims, such as a Veteran Affairs claim and a trust fund claim, and an attorney can help with evaluating your options.
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You Do Not Have to Worry When You Have Us on Your Side
Even when you know how to file a claim for mesothelioma, the process can still feel intimidating. However, you do not have to go through the legal process alone because Pintas & Mullins Law Firm will be there to listen to you and evaluate your needs. We are prepared to provide you with no-risk legal assistance and determine liability; we will fight for the compensation you deserve.
Reach out to us today at (800) 307-3113, and we will get started on your case as soon as possible.
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