When a person is diagnosed with mesothelioma, they may be able to seek a personal injury claim. Such personal injury claims may be like others, however, it may take up more time, energy and money to resolve. This article will discuss how to pursue a mesothelioma claim.
Generally, to pursue a mesothelioma lawsuit starts with filing a claim. This claim states that something caused cancer to that person so much so they require compensation. Unlike other personal injury claims, a mesothelioma claim requires that there be a direct link between the cancer and asbestos. Further, proof is needed that the asbestos was inhaled or the person came into contact with it causing mesothelioma cancer. If the defendant company no longer exists, the plaintiff may be able to receive compensation from an existing asbestos trust. In a traditional lawsuit, medical documents and an expert witness will be required to prove that the cancer exists. In addition, there must be proof that the cancer exists because of asbestos fibers lodged in the victim’s lungs.
Asbestos Bankruptcy Trusts
When the defendant companies accused no longer exist, the plaintiff may be able to receive compensation by way of an existing asbestos trust. Currently there are more than 50 different companies that have created asbestos bankruptcy trusts. These trusts have funding of over $30 billion, with the sole purpose of helping those affected by mesothelioma cancer. The companies that have funded these trusts include businesses that benefited from products and materials using asbestos. When a victim is able to prove that asbestos caused cancerous damage, they may get compensation from these trusts. When the victim successfully proves the claim, they have access to hundreds of thousands of dollars in damages. However, such success is only possible when working with a mesothelioma lawyer who can provide the relevant representation in court.
Contact the Vinson Law Office, today, for a free initial consultation on your mesothelioma case.