Mesothelioma Asbestos Claims
Asbestos compensation comes in several forms. Compensation is available through VA benefits for veterans, asbestos trust funds and settlements for trial verdicts.
Compensation amounts are determined by many factors, including the impact of illness on a person’s daily routine. Compensation amounts are also influenced by the types of claims that are filed.
1. Medical Records
In a mesothelioma case lawyers will want to look over all of the victim’s medical records. These records will contain a patient’s results from tests as well as diagnosis and lab tests, such as an X ray, CT scan, or MRI. These documents will show the exact location of asbestos in a person’s body. For example the lungs, or the heart.
Mesothelioma patients are usually entitled to compensation for their injuries, including the loss of income and other medical requirements. The best mesothelioma lawyers are knowledgeable about the various types of compensation that are available and can decide whether or not a person is eligible for various types of claims.
You may be able to file a lawsuit or claim against the trust fund if you have a complaint against an asbestos-related company. Some companies who knew about asbestos-related products created trust funds to settle claims, rather than facing lawsuits.
A lawyer will know how to get these and will also look for other documents that are relevant. For example, many people suffering from mesothelioma have been exposed in the military, and their lawyers will need to track down military records and any pay stubs or documents related to employment that they can find.
People suffering from mesothelioma must also look into applying for veterans benefits and workers’ compensation, as well as Social Security disability insurance. These benefits can be used to help pay for medical expenses, but they are separate from the amount of compensation awarded in a mesothelioma lawsuit.
2. Work History
To obtain fair compensation for mesothelioma, it is essential to review the victim’s asbestos exposure history. This can include an examination of the places where the victim was exposed, and any other products the person used in the workplace or at home. It could include the type of asbestos that the victim was exposed to and the amount. Mesothelioma patients can often get financial compensation from multiple types of settlements or insurance. This can include claims against liable asbestos companies, trust funds set up by those same companies, worker’s compensation and special monthly compensation from the Department of Veterans Affairs (DIC).
The kind of claim that is filed will be determined by the unique situation of each individual. Typically, victims can make a claim against asbestos producers to recover damages for their medical expenses, lost wages and other losses. The lawyer for the victim will be able to determine the best compensation for their mesothelioma lawsuit.
Trust fund mesothelioma cases are filed with asbestos trusts that were established by asbestos companies previously liable to protect themselves from liability in the future. These funds allow victims to receive compensation for their losses even after the business that exposed them declared bankruptcy. These trust fund payments usually range from the low six-figures to much more.
Anyone who has been injured at work can file a workers’ compensation claim. These claims are filed by workers who worked on ships, in shipyards, at power plants or in any variety of other industrial workplaces. Additionally, some people might have been exposed to asbestos at work of their churches or schools. Certain mesothelioma patients have filed lawsuits against cosmetics companies, like Johnson & Johnson and Claire’s, for using asbestos in baby powder or selling the harmful product.
3. Family History
A mesothelioma lawsuit is the first step towards suing a defendant in civil court. It’s a legal document that names the business or individual responsible for your asbestos exposure and asks for a specific dollar amount. A mesothelioma attorney can help you decide where to file your claim and ensure that the claim forms are done in a timely manner.
In a mesothelioma-related case, you can claim compensation for medical expenses and lost wages. In some cases, patients with mesothelioma may also seek punitive damages to punish the defendant and discourage similar conduct.
A mesothelioma lawyer can utilize your work and family history to determine where and the extent to which you were exposed. These details can help your lawyer build the strongest possible case and pinpoint companies that must be accountable for their actions.
After exposure to asbestos mesothelioma is a possibility to develop 20-60 years later. State laws called statutes of limitations establish an expiration date for mesothelioma lawsuits, with New York statutes requiring legal action to begin within three years of diagnosis or discovery. Family members can file a wrongful death mesothelioma claim on behalf of a loved one who has passed away.
While a mesothelioma diagnosis can be overwhelming, it’s important to act swiftly and begin the process. Your mesothelioma attorney has the resources and expertise needed to help you get your family the financial compensation they deserve.
The mesothelioma lawyers at Baron & Budd have helped many patients get fair compensation from asbestos trust funds. We have reached settlements with asbestos trusts such as US Thorpe Insulation and Johns Manville. Contact us to learn more about our mesothelioma litigation assistance.
4. Asbestos Exposure
Asbestos was extensively used in insulation and construction for the majority of the 20th century due to its properties to resist fire. It was also inexpensive to manufacture and used. Unfortunately, people working in these professions were not aware about the health risks associated with exposure to asbestos.
The highest risk is for those who have handled or made asbestos-containing products. However, those living near asbestos sites are also at risk of developing mesothelioma. Additionally, the loved ones of people who worked in at-risk trades may be at risk of developing mesothelioma due to secondhand exposure.
Patients diagnosed with mesothelioma should seek compensation from several sources. You can also submit civil claims or trust funds. The proceeds from lawsuits will not affect VA compensation, but individuals must disclose settlements made with trust funds when seeking VA benefits.
Mesothelioma patients should consider making a claim for worker compensation. This will allow them to cover medical expenses and loss of income. However, victims should seek legal advice before making a workers’ comp claim.
A mesothelioma lawyer who is certified knows what types of compensation are available for asbestos patients and their families. They can look over all options for compensation and decide the best course of action for each situation.
State laws differ. Mesothelioma suits are filed in civil courts. Statutes of limitation as well as other legal issues, can be complex. A majority of cases settle through mesothelioma settlements instead of going to trial. Mesothelioma plaintiffs often receive large settlements in exchange for the waiver of their rights to sue asbestos companies that caused their exposure. Our mesothelioma lawyers at Weitz & Luxembourgenberg can assist in filing personal injury, workers compensation or wrongful-death claims on behalf of a mesothelioma victims or the family members of a deceased patient.
5. Doctor’s Diagnosis
A mesothelioma doctor’s diagnosis is the foundation for asbestos patients seeking compensation. A person suffering from asbestos can be assisted by a knowledgeable lawyer to determine if a doctor’s diagnoses qualifies them for a settlement out of court or an appeals verdict to receive compensation.
Lawsuits filed on behalf of mesothelioma victims typically seek to obtain compensation for both economic and non-economic damages. Economic damages include treatment costs and lost wages. Non-economic damages include the pain and suffering that cannot be quantifiable. A successful lawsuit may also award punitive damages, which is a sum of money awarded by the jury to punish asbestos companies for their incompetence.
A successful asbestos case will require an exhaustive investigation and analysis of evidence. Experienced mesothelioma lawyers can help asbestos victims and their families make a convincing case and identify the responsible parties for the exposure.
Despite the knowledge of asbestos’s dangers, many companies involved in the production and sale of asbestos continued to use it. These companies failed to warn their workers or the public about the dangers. The toxic substance has caused thousands of Americans to suffer from its negative effects.
Based on the state, mesothelioma patients or their surviving family members can pursue compensation through a lawsuit. Most lawsuits settle before trial. There are three types of mesothelioma lawsuits which include personal injury lawsuits, wrongful death lawsuits and trust fund lawsuits. The amount of money a plaintiff gets is dependent on the type of claim and various other factors, including their medical history, the extent of exposure to asbestos and the severity of mesothelioma. The average settlement for mesothelioma is $1 million. A jury verdict could award as much as $2.4 million.
