There are several ways that you could recover compensation for mesothelioma-related damages:
- Asbestos trust fund claims
- Workers’ compensation
- U.S. Department of Veterans Affairs (VA) claims
- Social Security benefits
- Personal injury lawsuits
- Wrongful death lawsuits
Most states have a statute of limitations for personal injury or wrongful death lawsuits. That is why you should not delay if you are interested in pursuing compensation.
Why You Are Encouraged to Seek Mesothelioma Compensation
The Mayo Clinic describes mesothelioma as a form of cancer that usually affects the tissue around the lungs. As with all cancers, the sooner that mesothelioma is detected, the more effective the treatment. Sadly, many people with the disease do not show signs and symptoms of the cancer until it has advanced beyond the lung area and into other organs.
Treatment and lifecare for mesothelioma patients can easily bankrupt you and your loved ones. Health insurance, Medicaid, and Medicare usually do not cover all related costs. If your employer or another party contributed to your asbestos exposure, you deserve to hold them accountable. You might also prevent other people from suffering from mesothelioma.
Asbestos Exposure and Mesothelioma
Nearly eight out of 10 people with mesothelioma were exposed to asbestos, according to the American Cancer Society. Asbestos is a generic term for mineral fibers that were extensively used—and in some cases, are still being used—for their strength and flexibility in construction, automobile manufacturing, and some consumer products.
People who work in high-risk jobs for asbestos exposure, such as construction, should follow safe work practices to reduce their exposure risk. Employers may be held liable for workers who develop mesothelioma if, for example, personal protective equipment was not provided at the job site.
For a free legal consultation, call (800) 794-0444
How to File a Claim for Mesothelioma Compensation
Although you could file a claim on your own, a law firm will evaluate your case at no cost or obligation. Most injury lawyers are not paid until and unless you receive compensation. This allows you to enjoy legal protection and representation without financial pressure.
A mesothelioma lawyer will ask you for permission to act on your behalf. This allows your attorney to gather required information, which may include:
- Medical records confirming your mesothelioma diagnosis, including any past and ongoing treatment.
- Documentation of your work history and details of asbestos exposure.
- Proof of damages, including economic and noneconomic losses.
- Any communication from your employer, the insurance company, Social Security, VA, or other entity regarding asbestos exposure and/or compensation.
Remember, a lawyer may be able to help you pursue compensation whether it is your first attempt or if you need help with a denied claim.
Compensation from Insurance or a Verdict
Many mesothelioma compensation cases are settled out of court. If the other party will not negotiate in good faith, your best chance for compensation may be in court.
Asbestos Trust Funds
Some asbestos companies established an asbestos trust fund to provide compensation for plaintiffs. Compensation from these funds is typically based on the severity of your illness.
Typically, workers’ compensation benefits are inadequate for the complexities and high costs associated with a mesothelioma claim. Depending on where you live, your employer may not provide this type of insurance.
If your mesothelioma is service-connected, you may receive free treatment within the VA health care system. However, these benefits may be restricted according to your status when you left the service, your income, and whether you have other health insurance.
Social Security Benefits
Low-income mesothelioma patients could be eligible for Social Security income. They may also qualify for disability benefits. However, these benefits may not be enough alone.
Personal Injury Lawsuits
If you have been turned down for compensation from the above parties or if you have a particularly complex case, it may be in your best interest to take legal action. A mesothelioma lawyer can help you take your case to trial.
Wrongful Death Lawsuits
Wrongful death lawsuits are filed by the parents, spouse, or children of someone who died from mesothelioma related to asbestos exposure. A mesothelioma lawyer can help you should you decide to file a wrongful death lawsuit.
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Deadlines to File a Lawsuit
Each state has its own statute of limitations. If you miss this legal deadline, your complaint could be dismissed. That is why you are encouraged to find out about potential compensation as soon as possible to protect your rights.
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Free Case Evaluation
If you or a loved one was diagnosed with mesothelioma and you want to learn more about potential compensation, call Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation about the details of your case with a member of our firm.