Filing a Mesothelioma Claim - Mesothelioma claims provide financial help for patients and families who are facing the high costs of medical bills and caregiving expenses, as well as other life-changing losses due to the devastating asbestos cancer.
Asbestos exposure has been proven to be deadly to individuals who live or work around the material. A person seeking a mesothelioma claim will usually seek a claim with a trust which has been set up for these issues, or they may sue a specific company which was responsible. Lawsuits vary depending on many factors, such as the statute of limitations on mesothelioma cases. Learn more in this comprehensive guide.
Some people who develop mesothelioma due to asbestos exposure may be able to claim compensation. Your legal entitlements will depend on the state or territory in which you were exposed to asbestos. In some cases, the exposure may have occurred overseas.
Mesothelioma takes a long time to develop, so you may have been exposed to asbestos some 40 years ago. You might think it was a minor exposure, or you may not remember any exposure. Talking to your friends and family can help to recall places where you may have been exposed to asbestos.
An expert lawyer will also talk you through your life history and help you find out where the exposure took place. They will explain what compensation you may be able to claim and help make the process easy for you to understand.
Generally, a person diagnosed with mesothelioma has two different types of legal entitlements:
a claim through the court, known as a “common law claim”
a claim under a government compensation scheme, known as a “statutory claim”.
How to Prove Asbestos Exposure for a Mesothelioma Claim
To prove asbestos exposure for a mesothelioma legal claim, an attorney will need evidence of your exposure to asbestos products. Mesothelioma attorneys will also need medical documentation, such as test results and pathology reports, to build your case. A qualified mesothelioma attorney can gather all necessary documentation for your claim.
What is a Mesothelioma Claim?
A mesothelioma claim is a legal action someone with mesothelioma takes to receive compensation. Mesothelioma is a rare cancer most often caused by asbestos exposure in the workplace.
Because many workers had no idea of the risks of working with or around asbestos, they are now entitled to make claims for compensation if they get sick later.
What Type of Claims Can You File for Mesothelioma?
There are many type of claims available for mesothelioma patients and family members. The type of claim or claims you are eligible to file depends on several factors: exposure site, duration of exposure, level of negligence, amount of suffering, and whether the person exposed to asbestos is still alive.
It’s important to remember that you may be eligible to file more than one type of claim. For example, a veteran exposed to asbestos from changing gaskets in a boiler room may be eligible for a VA claim. The same veteran could also file a claim against the company that manufactured the gaskets containing asbestos. The type of mesothelioma claim varies with the individual circumstances of every case.
Types of claims available include:
- Personal Injury Claims
- Wrongful Death Claims
- VA Claims
- Asbestos Trust Fund Claims
What’s the Difference Between a Mesothelioma Claim and a Mesothelioma Lawsuit?
A mesothelioma claim is a step that initiates the legal process, basically starting a lawsuit. Once you file a claim, the person you allege blame and compensation from can either contact your lawyer and offer an out-of-court settlement, agree to pay the amount requested, or fight the claim by filing a counterclaim and starting a trial lawsuit.
Do You Have to File a Lawsuit? Sometimes, but not always. With most VA claims and trust fund claims you never file a lawsuit, just paperwork. Your attorney can help you negotiate the most compensation from your claim.
Do I Need a Lawyer to File an Asbestos Claim?
While it is possible to file an asbestos claim on your own, you will be fighting yourself out of a hole the entire time. Regardless of which type of claim or claims you file for, mesothelioma cases are complex and you should hire an experienced attorney.
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