Mesothelioma Asbestos Claims
Asbestos compensation comes in several forms. Compensation is available through VA benefits for veterans or asbestos trust funds.
Compensation amounts are determined by a variety of factors, such as the impact of disease on a person's daily routine. The type of claim filed will also affect the compensation amount.
1. Medical Records
The lawyers will go through the complete medical record of the patient in a mesothelioma lawsuit. These documents will include a patient's test results and diagnosis, which is usually confirmed by lab tests, such as an X-ray, CT scan or MRI. These documents will show the exact location of asbestos within a person's body. For example the lungs or heart.
Mesothelioma patients are often entitled to compensation for their injuries, including loss of income and the need for care. The best mesothelioma attorneys are well-versed in the various types of compensation that are available and can determine whether or not a person is eligible for various kinds of claims.
This could be the possibility of a lawsuit against an asbestos-related company or trust fund claim. Some companies who knew about their asbestos-containing products established a trust fund to pay claims instead of facing lawsuits.
A lawyer will know how to obtain these and will also search for any other relevant documents. Many people with mesothelioma have been exposed to asbestos while in the military. Their lawyers will need to find military documents, pay stubs and records and other employment documents.
People suffering from mesothelioma might want to consider applying for workers' compensation, Social Security disability insurance or veterans' benefits. These benefits can be used to help pay for medical expenses, but they are separate from the amount of compensation that is awarded in a mesothelioma suit.
2. Work History
In order to get fair compensation in mesothelioma cases requires a thorough analysis of the asbestos victim's exposure history. This could include an analysis of the work sites where the victim was exposed, and any products that the person was exposed to in the workplace or at home. It could be a good idea to include the type of asbestos that the victim was exposed to and how much. Mesothelioma patients can often get financial compensation from multiple types of insurance or settlements. These include claims against asbestos companies, trusts set up by the same companies and workers' compensation and special monthly compensation from Department of Veterans Affairs.
The type of claim filed will be determined by the particular circumstances of each individual. In the majority of cases, victims can sue asbestos manufacturers to recover damages for their medical expenses, lost wages, and other losses. The lawyer representing the victim will assist in determining the best compensation for their mesothelioma lawsuit.
Trust fund mesothelioma cases are filed with the asbestos trusts established by
asbestos lawsuit companies that were previously liable in exchange for protection from liability in the future. These funds allow victims to receive compensation for their losses even after the company they were exposed to filed for bankruptcy. The trust fund payouts typically vary from the low six figures to more.
Workers' compensation claims are filed by workers who were injured at work. These claims can be filed by employees who worked on ships or in shipyards, power plants or in any number of other industrial locations. Asbestos might also have been found in the schools' workplaces or churches. Some mesothelioma sufferers have filed lawsuits against cosmetics companies, like Johnson & Johnson and Claire's, for using
asbestos in baby powder or selling the dangerous product.
3. Family History
A mesothelioma asbestos claim is the first step toward suing an at-fault defendant in civil court. It's an official document that identifies the person or business responsible for the asbestos exposure and asks them to pay a dollar amount. A mesothelioma lawyer can assist you determine where to file your claim and ensure that the claim form is done in a timely manner.
In a mesothelioma lawsuit, 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 deter similar behavior.
A mesothelioma lawyer can use your family and work history to determine where and how you were exposed. These factors can help your lawyer build the strongest possible case and identify the companies that should be accountable for their actions.
After exposure to asbestos mesothelioma may develop 20 to 60 years later. State laws known as statutes of limitations impose an expiration date for filing mesothelioma claims with New York statutes requiring legal action to begin within three years of diagnosis or discovery. A family member may file a mesothelioma wrongful death lawsuit on behalf a loved one who passed away.
While a mesothelioma diagnosis can be overwhelming, it's vital to act fast and begin the process. Your mesothelioma lawyer has the resources and expertise to help you get your family the financial compensation they deserve.
The experienced mesothelioma attorneys at Baron & Budd have helped many victims receive fair compensation from asbestos trust funds. We have worked with a variety of large asbestos trusts, including US Thorpe Insulation, Johns Manville, Owens Corning and Eagle-Picher Industries. Contact us to learn more about our mesothelioma litigation assistance.
4. Asbestos Exposure
Asbestos was used widely in insulation and construction throughout the 20th century due to its properties to resist fire. It was also affordable to produce and use. Unfortunately asbestos exposure was not widely known to those working in these occupations.
The highest risk is for workers who have worked with or manufactured asbestos-containing products. Mesothelioma may also affect those who live close to asbestos sites. Secondhand exposure can also cause mesothelioma to loved ones of those who work in high-risk occupations.
Patients diagnosed with mesothelioma should seek compensation from several sources. This could include trust fund and/or civil claims. Lawsuit proceeds will not impact VA compensation, but the individual must disclose settlements with trust funds when seeking VA benefits.
Mesothelioma victims should consider seeking a workers' compensation claim. This can help pay for medical expenses and lost wages. However, victims need legal advice prior to making a workers' comp claim.
A mesothelioma lawyer who is qualified will know what types of compensation are available to asbestos patients and their families. They can review all options available for compensation and determine the most appropriate course of action for each individual case.
State laws are different. Mesothelioma suits are filed in civil courts. The statutes of limitations and other legal issues can be complicated. Instead of going to court most cases are settled via a mesothelioma agreement. Mesothelioma patients often receive substantial settlements in exchange of waiving their right to bring lawsuits against asbestos companies. The mesothelioma lawyers at Weitz & Luxenberg can assist in bringing personal injury or workers' compensation claims, as well as wrongful death claims on behalf of a mesothelioma patient or the family members of mesothelioma patients who have passed away.
5. Doctor's diagnosis
A mesothelioma doctor's diagnosis is the foundation for
asbestos case victims who seek compensation. An experienced lawyer can help
asbestos attorney victims determine whether a doctor's diagnosis makes them qualified for a non-court settlement or trial verdict for compensation.