Mesothelioma Claims Process: How To File A Claim
Mesothelioma is a cancer that is caused by exposure to asbestos, a material that was commonly used in construction and other industries. If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation. Here is what you need to know about the mesothelioma claims process.
What Is Mesothelioma?
Mesothelioma is a rare and aggressive cancer that affects the lining of the lungs, heart, or abdomen. It is caused by exposure to asbestos, a mineral that was used in many products until the 1980s. When asbestos fibers are inhaled or ingested, they can become lodged in the body and cause damage over time.
Who Is at Risk for Mesothelioma?
People who have worked in industries that use asbestos, such as construction, shipbuilding, and manufacturing, are at the highest risk for mesothelioma. However, anyone who has been exposed to asbestos fibers, including family members of those who worked with asbestos, may be at risk.
How to File a Mesothelioma Claim
Gather Your Medical and Work History
Before you can file a mesothelioma claim, you will need to gather your medical and work history. This will include a diagnosis from your doctor and information about your work history, including when and where you were exposed to asbestos.
Choose a Mesothelioma Lawyer
It is important to choose a lawyer who specializes in mesothelioma cases. They will have the expertise and experience necessary to help you navigate the legal process and get the compensation you deserve.
File Your Claim
Your lawyer will help you file your claim with the appropriate court or trust fund. The claim will detail your diagnosis, work history, and the damages you are seeking.
Settlement or Trial
Once your claim is filed, you may be offered a settlement or your case may go to trial. Your lawyer will advise you on the best course of action based on your individual circumstances.
Receive Compensation
If your claim is successful, you will receive compensation for your damages, including medical expenses, lost wages, and pain and suffering.
How Long Does the Mesothelioma Claims Process Take?
The mesothelioma claims process can take anywhere from a few months to a few years. The length of time will depend on a variety of factors, including the complexity of your case, the court's schedule, and whether your case goes to trial.
Does Filing a Mesothelioma Claim Cost Money?
Most mesothelioma lawyers work on a contingency basis, which means they do not get paid unless you receive compensation. This can help ease the financial burden of filing a claim.
FAQ
What Is the Statute of Limitations for Filing a Mesothelioma Claim?
The statute of limitations for filing a mesothelioma claim varies by state. It is important to consult with a mesothelioma lawyer as soon as possible to determine your legal options.
What Damages Can I Recover in a Mesothelioma Claim?
You may be able to recover damages for medical expenses, lost wages, pain and suffering, and other expenses related to your diagnosis and treatment.
Can Family Members File a Mesothelioma Claim?
Yes, family members of those who have been diagnosed with mesothelioma may be able to file a claim if they were also exposed to asbestos.
What Happens If I Die Before My Mesothelioma Claim Is Resolved?
If you die before your mesothelioma claim is resolved, your family members may be able to continue the claim on your behalf.
Will I Have to Go to Court?
It is possible that your mesothelioma claim will go to court, but many cases are settled out of court.
How Do I Choose a Mesothelioma Lawyer?
Choose a lawyer who specializes in mesothelioma cases and has experience getting compensation for their clients. Look for reviews and ask for referrals from other mesothelioma patients and their families.
What Is a Trust Fund?
Many companies that used asbestos have set up trust funds to compensate mesothelioma patients and their families. Your lawyer can help you determine if there is a trust fund that may apply to your case.
Can I File a Mesothelioma Claim If I Was Exposed to Asbestos Outside of Work?
Yes, you may be able to file a claim if you were exposed to asbestos outside of work, such as in your home or community.
Pros
Filing a mesothelioma claim can help you get compensation for your damages and hold companies accountable for their use of asbestos.
Tips
Choose a mesothelioma lawyer who specializes in these cases and has experience getting compensation for their clients. Keep detailed records of your medical and work history to help your lawyer build your case.
Summary
The mesothelioma claims process can be complex, but with the help of an experienced mesothelioma lawyer, you can get the compensation you deserve. Gather your medical and work history, choose a lawyer who specializes in mesothelioma cases, file your claim, and work with your lawyer to get the best possible outcome.
