Filing Mesothelioma Claims

Posted on Wednesday, May 25th, 2016 at 12:29 pm    

This article addresses the topic Filing Mesothelioma Claims. It discusses the different types of claims available to an individual with asbestos-related illnesses or mesothelioma. There are six types of claims available to individuals:

  1. Veteran benefits
  2. Personal injury
  3. Wrongful death claim
  4. Bankruptcy trusts
  5. Litigation
  6. Workers compensation

Veteran benefits was discussed in detail in a previous article and will not be addressed in this article.


Filing Mesothelioma Claims: Personal Injury

A personal injury lawsuit can be filed by an individual diagnosed with mesothelioma or an asbestos-related illness. With asbestos-related illnesses it is hard to determine the exact time and place the individual suffered the asbestos injury. This is due to the long latency period between exposure and surfacing of symptoms. The latency period varies from ten years to thirty years. Courts in some states have made exceptions applying statutes of limitations.


Filing Mesothelioma Claims: Wrongful Death claim

Filing Mesothelioma Claims

Filing Mesothelioma Claims

Sometimes the individual who filed a personal injury claim may die as a result of the asbestos-related illness he or she is suffering from. Death can occur before the court process is completed, thus halting the case. However, family members may resubmit the lawsuit as a Wrongful Death claim. A mesothelioma attorney can explain the rights the family members have as these rights vary in each state and county.


Filing Mesothelioma Claims: Bankruptcy Trusts

Many asbestos manufacturing companies declare bankruptcy for various reasons. In some cases, the courts involved in these bankruptcies order the creation of mesothelioma compensation funds. These funds are known as trust funds. These funds cater for compensation for patients affected by asbestos-related cancer; when they want to claim from an asbestos manufacturing company.


Filing Mesothelioma Claims: Litigation

Asbestos related illnesses are almost always a result of Asbestos Manufacturing Corporation’s negligence in one way or another. In litigation there are different types of damages an individual can claim for:

  • Loss of income
  • Pain and suffering
  • Loss of consortium
  • Medical expenses

It is important that the individual who intends on claiming save all medical and financial information and records relating to their illness. Consulting a mesothelioma attorney can make one aware of their legal options and they can be guided through the claim filing process.


Filing Mesothelioma Claims: Worker’s Compensation

Worker’s compensation laws vary by state and some laws change annually. If you are diagnosed with an asbestos-related illness you may be eligible to file for worker’s compensation to care for medical bills, pain and suffering. Consult a mesothelioma attorney to find out if you are eligible for worker’s compensation.

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