What Should You Know About Mesothelioma Claims?
Mesothelioma is a severe illness caused by asbestos exposure. It usually affects people who have been working for long periods in environments that contained this substance. If you have been diagnosed with this disease, you can file a claim against the company at fault. Find out more here.
What Are My Legal Rights?Asbestos had been used extensively in different industrial fields prior to the 70's when the state started to regulate its use. Exposure could have occurred in various ways; most people were exposed on the job by working in plants where this carcinogenic mineral was present. Others were exposed by using products that were manufactured using asbestos. Finally, some victims were subject to what is known as secondary exposure. This meant they got into contact with the carcinogen by living with someone who was bringing it into their home, through items like clothes or the work equipment.
Regardless of the exposure circumstances, you have the right to file a claim against the company that caused your disease. Most of these companies are, or most likely were, large manufacturers that negligently exposed workers to asbestos although they were aware of the huge health risks it posed.
Due to the impressive number of claims that have been brought against these businesses, many of them filed for bankruptcy because they were no longer able to provide compensation for victims. Consequently, the asbestos funds have been created, as part of the bankruptcy agreement.
If it's no longer possible to bring your claim against the company who exposed you to asbestos, because it's no longer active, you can submit your request with these trusts and get compensated. The amount of money you'll get depends on a series of factors including your medical expenses, the lost income and the number of dependents in your family.
What Evidence Can Support My Case?To file a mesothelioma claim, you'll need medical and exposure evidence. You'll have to start by gathering your medical records, and the first and most important one is your diagnosis. This should be signed and released by a certified practitioner. Other documents like your examination results will also be useful.
As for the second type of evidence, if your ex-employer caused the exposure, you'll need to work closely with your lawyer and gather employment-related documents that prove your exposure.
How Long Will the Legal Process Take?This depends on the number of claims the trusts have to process in the period when you are filing. Given the fact that mesothelioma is a life-threatening condition, you could benefit from an expedited procedure. If your claim is brought before a court, as a lawsuit, you might also be given priority. Your lawyer will try to move your case forward as quickly as possible and help you reach a favorable resolution.
All in all, it usually takes somewhere around several months before the procedure concludes and you can start receiving your compensation.
How Much Money Can I Recover?Your lawyer will be able to tell you the approximate amount of money you can expect by analyzing your claim's circumstances. However, he or she can't guarantee that this is what you'll get once your case is closed because multiple factors influence the settlement offer. This is why you should work with an experienced mesothelioma lawyer who can make the most out of your claim during the negotiation phase.
If I Pass Away, Can My Family Receive the Compensation?If the asbestos victim passes away after the claim has already been brought, the family members can continue the legal procedure and benefit from the compensation. If the claim had already reached a closure and the victim started to recover money, this amount can go to the family after the claimant passes away.
Finally, it's also possible to file a mesothelioma claim after a beloved one passes away. This would be a case of wrongful death. The procedure is more complicated given that the person in question is no longer alive. Therefore, it's important to hire a legal expert who's knowledgeable in this field in order to have a successful claim.