The filing of a mesothelioma claim is usually an attempt to recover damages that are associated with contracting the cancer. In most cases, the person filing the claim is seeking monetary compensation for medical expenses, loss of income, and any pain or suffering that may have occurred after being diagnosed.There are two primary types of mesothelioma claims that can be filed in asbestos injury cases. The first is a personal injury claim, which is filed by the patient diagnosed with mesothelioma. The second is a wrongful death claim, which is filed once a family member has passed away. Specific rights involving these claims largely vary depending on the county and state where the case is filed.
Options for Filing Mesothelioma Claims
Many companies who have manufactured asbestos-containing products have since declared bankruptcy for various reasons. However, this does not mean the companies have run out of money, but rather they have reorganized in order to become more stable. In some cases, mesothelioma compensation funds, also called trust funds, arise from these bankruptcies and are formed to provide compensation for mesothelioma victims. Seeking the advice of a mesothelioma lawyer may be beneficial in receiving compensation from a trust fund.
Another option for mesothelioma victims is litigation. Filing a claim against the company, or companies, responsible for your asbestos exposure may result in compensation.
The following include some of the reasons why a mesothelioma claim may be pursued:
- Lost income
- Pain or suffering
- Medical expenses
- Failure to warn
- Negligence
- Loss of consortium
A mesothelioma lawyer can review additional expenses and causes that could be covered under each claim. It is important to save all medical and financial records relating to your illness for this reason. A mesothelioma lawyer will be aware of the legal options available and can guide you through the process of filing a mesothelioma claim.
Resources available at Asbestos.com can only offer basic assistance in understanding the generalities of the mesothelioma litigation process. If you seek legal information, it is always a good idea to speak with a qualified lawyer of your choosing to ensure that you get accurate information regarding any potential claim that you might have.
[via asbestos]