Patients diagnosed with pleural mesothelioma or loved ones who died from asbestos-related cancer can file mesothelioma claims. Those filing claims will need documentation from medical professionals that asbestos exposure is the reason for their disease. According to the Occupational Safety and Health Administration (OSHA), asbestos is a known health hazard.
Most victims of asbestos exposure tend to be those who have worked in factories and on construction sites. But asbestos fibers can cling to the clothing of these workers and potentially bring the risk of exposure home to their families. This is secondhand exposure.
What You Should Know About Asbestos and Mesothelioma
Asbestos is a mineral that was a common component in construction materials up until the 1980s, primarily because of its resistance to heat, fire, and sound. This naturally occurring mineral comes from deposits all over the world for use in buildings (including homes), planes, vehicles, aircraft, and construction materials. Many industries counted on the use of this mineral. During the 1960s, evidence emerged that the fibers in this mineral posed a dangerous medical risk. Manufacturers continued to use asbestos despite this evidence.
Asbestos is the primary cause of mesothelioma, which is a rare form of cancer that can form in the linings of the abdomen, heart, lungs, or testicles. Often the disease is not discovered until it has advanced to other parts of the body. It can take as many as 10 to 50 years or more for the signs of mesothelioma to present themselves.
Types of Mesothelioma Claims
There are generally two types of mesothelioma claims: personal injury claims and wrongful death claims.
Personal Injury Claims
This type of claim is for the person who has recently been diagnosed with mesothelioma. The purpose of the lawsuit is compensation for the following:
- Medical expenses that are incurred because of the diagnosis and treatment of the disease
- Lost income both now and in the future
- Pain and suffering that occurs as a result of mesothelioma
Wrongful Death Claims
After someone has passed away because of mesothelioma, family members may be able to file a wrongful death claim. Damages include compensation because of the loss of a loved one, including loss of future income, medical expenses incurred by the ill family member, and funeral expenses.
For a free legal consultation, call (800) 794-0444
The Legal Process for Filing Mesothelioma Claims
As with any lawsuit, the legal process for filing a mesothelioma claim can seem daunting—particularly if you are suffering from the disease and undergoing treatment at the same time, or if you are mourning the loss of a loved one. Working with an attorney to file a mesothelioma claim can help to streamline the legal process and strengthen your case while you focus on healing.
Speaking to an attorney can help you figure out which steps you can take. You will be able to ask questions and discuss concerns regarding your case, and you can discuss things like a potential avenue of exposure and how your diagnosis can impact your case. The key steps in building and filing your mesothelioma are as follows.
Gathering Evidence to Support Your Claim
If you choose to pursue a lawsuit and hire a lawyer, your lawyer will provide guidance in gathering the following evidence to help strengthen your case when you file a mesothelioma claim:
- Documentation that shows your exposure to asbestos
- Medical records regarding the treatment of mesothelioma
- Documentation of expenses incurred as a result of the treatment of mesothelioma
- Employment or military history to help establish where exposure to asbestos occurred
- Witness statements that strengthen your claim of exposure from coworkers, industry experts, and the like
Evaluating Compensation Recovery Options
You might be eligible for recovery from an asbestos trust fund, depending on the evidence available regarding exposure to asbestos. These trust funds are from companies that have admitted liability for damages related to asbestos exposure. If you are determined to be eligible, you might be able to receive compensation relatively quickly.
If you are not eligible, there might be other recovery options available. For example, you might have a case against a company that has not yet admitted its asbestos liability. Your attorney can help determine the actions to take.
Choosing a Location to File a Mesothelioma Claim
An attorney can potentially file a mesothelioma case in a location where the victim lived, worked, or served in the military. An attorney can also help to explain the statute of limitations in the state regarding filing a mesothelioma claim.
Seeking Compensation and the Help of a Mesothelioma Lawyer
Our team of mesothelioma and asbestos claim attorneys believes that those who suffer from pleural mesothelioma or who have lost loved ones because of asbestos-related diseases should receive compensation for treatment and other expenses. When we take on your case, you pay nothing out of pocket while we handle your case; there are no retainers or fees. We get paid if we recover a settlement for you when you file a mesothelioma claim.
We welcome your call to discuss the details about your case. Call Pintas & Mullins Law Firm at (800) 794-0444 for your free case review.