Filing a Mesothelioma Claim

What Are Mesothelioma Claims and Why You Should File One?

Mesothelioma claims are legal or administrative claims filed by people who have been diagnosed with mesothelioma, a cancer caused by asbestos exposure. These claims are designed to hold companies accountable for exposing workers and the public to asbestos. Most mesothelioma claims result in settlements, though some cases go to trial.

Compensation in the form of a settlement, jury verdict and trust fund claims can provide funds for medical costs and loss of income. This can help cover costs like cancer care, travel for treatment and other expenses related to living with mesothelioma. Filing a claim also forces accountability on companies responsible for asbestos exposure. 

Key Facts About Mesothelioma Claims

1. Mesothelioma claim settlements typically range between $1 million and $2 million.
2. More than $30 billion is currently available in asbestos trust funds to compensate victims of asbestos exposure.
3. For personal injury claims, you usually have 1 to 3 years to file, starting from the date you’re diagnosed with mesothelioma. The timeline may differ for wrongful death claims.
4. According to consulting firm KCIC, Americans diagnosed with asbestos-related diseases filed at least 3,800 lawsuits in 2023.

Mesothelioma claims offer compensation specifically for mesothelioma patients. Other asbestos claims help people diagnosed with asbestosis and other asbestos-related cancers. These conditions include lung, laryngeal and ovarian cancers.

Carla Fasolo, who was exposed to asbestos at her father’s place of work, successfully filed a claim after her diagnosis of mesothelioma. She was initially hesitant about seeking financial help through the legal process. But given the expenses she was facing with the diagnosis, she felt it was the best option for her family. Fasolo says taking legal action is a way for survivors and their loved ones to make asbestos companies accountable for asbestos exposure.

Types of Mesothelioma Claims

The most common types of mesothelioma claims are personal injury claims, wrongful death claims and asbestos trust fund claims. Patients and their families can file mesothelioma cancer claims to obtain compensation for their injuries. These claims are also known as asbestos claims, and they are filed because of asbestos exposure.

Payouts from settlements, asbestos trust funds or trial verdicts vary depending on the nature of the claim filed, but some claims are worth more than $1 million. Experienced mesothelioma lawyers have extensive knowledge of building strong cases against the appropriate manufacturers and companies that expose you to asbestos. Their expertise is invaluable in successfully filing and collecting on your mesothelioma-related claims.

Personal Injury Claims

A personal injury lawsuit is a legal claim filed by a person diagnosed with mesothelioma. In this type of legal claim, the patient must prove the cause was asbestos exposure. 

Compensation from a personal injury lawsuit may cover medical expenses, lost income, loss of consortium and pain and suffering. In some cases, juries can also award mesothelioma patients punitive damages. This is monetary damages awarded to discourage future wrongdoing. Most mesothelioma lawsuits are settled out of court before a trial takes place.

Wrongful Death Claims

Wrongful death lawsuits are lawsuits family members can file after a person has died of mesothelioma. In these cases, compensation is awarded for various losses, often including funeral costs and cancer-related expenses. 

The estate representative, usually the spouse or child of the deceased, represents the estate on behalf of the deceased party. They act in the interest of the estate in seeking compensation through a wrongful death claim.

Trust Fund Claims

Many bankrupt companies that provided asbestos-containing products have set up mesothelioma trust funds to compensate future claimants. Bankruptcy laws allow asbestos companies to reorganize and create trust funds to avoid future lawsuits. Pursuing an asbestos trust fund claim can help families recover significant compensation. 

A top mesothelioma law firm can tell you if the company responsible for your injuries has a trust fund. If so, your lawyer should handle the claim filing process. Both patients and families who’ve lost a loved one may file trust fund claims.

Who Is Eligible to File a Mesothelioma Claim?

Mesothelioma patients and their estates can file a mesothelioma claim assuming they’re eligible and don’t have issues with expired statutes of limitations. To do so, they must provide evidence of asbestos exposure and a mesothelioma diagnosis. Documentation includes employment records, co-worker statements and medical records. Asbestos law firms have investigators researching your work history and other potential exposure sites. 

If you’ve lost a loved one to mesothelioma, you may be eligible to file a wrongful death lawsuit. You must be appointed as the representative of your loved one’s estate.

A mesothelioma attorney can advise you on the types of compensation you may be entitled to receive. Asbestos exposure compensation can come from several sources, including liable companies, asbestos trust funds, insurance companies and the Department of Veterans Affairs. 

How to File a Mesothelioma Claim

Filing a mesothelioma claim is usually easier if you hire a lawyer who specializes in asbestos litigation. A knowledgeable attorney will help you gather documentation of your mesothelioma diagnostic tests and asbestos exposure history to build a strong case. They will walk you through the process and answer any questions you may have.

Documentation You May Need

• Medical records proving the diagnosis
• Work history records showing you or your loved one worked for the company named in the claim
• Testimony required to prove the cause of your asbestos exposure and the resulting cancer diagnosis
• Financial records showing financial hardships the illness has caused your family

An experienced attorney can determine the best strategy to help you receive compensation for your losses. These can include medical bills, travel for treatments, funeral costs and other expenses.

Mesothelioma Claims Process

One of the most important things you can do when filing a mesothelioma claim is speak to an experienced lawyer who can advise you of your rights. They will walk you through the process and answer your questions.

Steps of a Claims Process

1. Consult an Experienced Asbestos Lawyer: A lawyer with a successful track record in mesothelioma cases can draw on their experience to determine the best options for your individual case.
2. Confirm Eligibility: A mesothelioma lawyer will research your exposure history and gather evidence and important information to understand how and why you were diagnosed with an asbestos-related disease. They can help determine which asbestos products you were exposed to and whether you qualify to file a claim.
3. File the Claim: Your attorney will handle every legal step, including filing your claim in the proper jurisdiction.
4. Discovery Period: After your claim is filed, defendants and your attorney will enter the discovery phase of the legal process where both sides conduct research, interviews and depositions to collect evidence and build their cases.
5. Settlements, Trials and Verdicts: Most of these claims are resolved through a mesothelioma settlement. It’s rare for a mesothelioma case to go to trial. Most plaintiffs receive compensation through a settlement rather than a verdict.

The mesothelioma claims process is complex. An experienced attorney can determine the best strategy to help you receive compensation for your losses. These can include medical bills, travel for treatments, funeral costs and other expenses.

There is a strict time limit, known as a statute of limitations, for filing mesothelioma claims after diagnosis. An attorney can help determine the deadline for your case and ensure claims are filed on time before the mesothelioma statute of limitations expires.

Deadlines for Filing a Claim

State laws, called mesothelioma statutes of limitation, limit how long you can wait to file a mesothelioma claim. This time limit ranges from one year to a few years, depending on the state. The clock generally starts ticking at the date of diagnosis for personal injury claims.

You may have the option of filing mesothelioma claims in multiple states, depending on the location of the companies identified as defendants and where your asbestos exposure occurred. Work with a qualified mesothelioma attorney to decide where to file, make sure your claim paperwork is filled out properly and ensure your claim is filed on time.

What Happens If Your Loved One Can’t Participate in the Claims Process?

If your loved one isn’t feeling well enough to initiate a claim, a family member can start the process on their behalf. After their death, the estate can file a wrongful death claim. 

You can contact a mesothelioma lawyer to start the claim filing process. Initiating the claims process allows the mesothelioma law firm to begin gathering evidence.

Your lawyer will conduct research and interviews, locate witnesses and record testimony. Witnesses become even more important to the case if your loved one can’t record testimony on their own behalf. Filing a claim as soon as possible affords time for the investigatory period.

How Long Does It Take to File a Claim?

Filing a mesothelioma claim may take a few weeks to a few months. It depends on the complexity of the case and the investigation process. The law firm must gather medical records, employment history and proof of asbestos exposure. After this, they prepare and file the claim.

The courts have options to speed up the legal process for plaintiffs with terminal cancer. In some cases, there are dockets called rocket dockets with expedited hearings that fast-track the legal process. Your attorney will work quickly to secure compensation for you and your family. 

Insurance Claims and Other Financial Support Options

Other types of claims may provide compensation in addition to filing a lawsuit. Claims filed for health insurance, VA benefits and workers’ comp may offer financial relief.  

• Insurance Claims: Health insurance, disability insurance and life insurance can provide funds to afford the cost of cancer. Private insurance, Medicare and Medicaid serve as the most immediate financial resource. Social Security Disability Insurance provides monthly compensation to those who qualify.
• Veterans Benefits: The VA offers disability compensation and survivor benefits. Examples include disability compensation, VA health care and special monthly compensation. 
• Workers’ Compensation: Most workers’ comp systems are not designed to compensate for occupational cancer adequately. Filing for workers’ comp usually means giving up your right to file a lawsuit. Consult an asbestos attorney about the option that will best serve your needs.

Working with an experienced claims agent or lawyer can help ensure you receive all the health insurance benefits available. An experienced VA-accredited claims agent can help you file for VA benefits.

VA Claims or VA Disability Claims

Some veterans were exposed to asbestos during active-duty service. The Department of Veterans Affairs recognizes mesothelioma as a potentially service-connected illness. This makes patients and family members eligible for disability compensation and survivor benefits.

Our VA-accredited claims agent can help veterans with mesothelioma understand their options and file a claim. VA-accredited team members at The Mesothelioma Center are available to help veterans seven days a week.

Common Challenges in Filing Mesothelioma Claims

Without proper support, it is challenging for asbestos victims to file mesothelioma claims. Knowing what jurisdiction to file in is one of the first challenges. Asbestos litigation laws vary throughout the country. You may have grounds to file in a different state than the one you currently live in.

Mesothelioma usually develops decades after asbestos exposure begins. It can be difficult to identify all the locations and asbestos products you encountered. Asbestos law firms have investigators who help collect employment history and medical records. They can locate witnesses to provide testimonies. 

Experienced asbestos law firms have attorneys to help you navigate the legal process. They will gather evidence and work with the courts and defendants to ensure you get proper compensation.

Common Questions About Mesothelioma Claims

How long does it take to resolve a mesothelioma claim?

There are a lot of methods put in place because the courts realize you’re very sick. To try to speed up the process, there are dockets called rocket dockets, which are expedited hearings to try to speed the situation along.

Answered By: Joe Lahav, Esq. – Lawyer and Legal Advisor

How much does an asbestos claim pay out?

It’s difficult to determine the amount of compensation that any individual plaintiff or mesothelioma patient may be entitled to from the outset of their case. We do know, based on the track record of a firm like Weitz & Luxenberg, that these cases have substantial value.

Answered By: Peter Tambini, Mesothelioma Attorney – Weitz & Luxenberg Law Firm

Is it possible for more than one company to be held legally responsible?

Yes, it’s quite common for multiple companies to be responsible. Asbestos workers encountered different types of asbestos products from different manufacturers. Juries are tasked with appropriately allocating responsibility to all liable defendants.

Can I still file a mesothelioma claim if the company responsible is no longer in business?

In many cases, you can still file a mesothelioma claim even if the responsible company is no longer viable. Many asbestos companies created trust funds to compensate victims. Mesothelioma lawyers can help you file a claim with an asbestos trust fund.

Do I have to travel to file a mesothelioma claim?

You often won’t have to travel to proceed with a mesothelioma claim. The best asbestos law firms have offices throughout the country. They can file your claim in the right jurisdiction even if you don’t live nearby.

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