Mesothelioma is cancer caused by inhaling or ingesting asbestos fibers. The disease develops in the lining of the lungs, heart, or abdomen. It has many symptoms and often includes chest pain and shortness of breath. However, what’s more concerning is that it is a lethal disease. Patients have a life expectancy of only 1 to 2 years after diagnosis.
If a person suffers from mesothelioma, they can file a lawsuit against the companies responsible for their disease. Filing a case enables patients and their families to secure reasonable compensation for their future and fight back against the companies involved in criminal negligence.
However, before you contact a reputed mesothelioma law firm to file a lawsuit, you must consider a few things. It is common for anyone filing a mesothelioma claim to have doubts. It is best to clear ambiguity before taking drastic steps. If you too have concerns and queries, we have answered a few frequently asked questions below. These answers may help you make the right decision and better prepare before filing the claim.
- Who is eligible to file a mesothelioma or asbestos lawsuit?
Well, you are eligible to file an asbestos lawsuit if you can provide all the relevant documentation related to your diagnosis. This evidence may include medical reports and any treatment information.
Similarly, you must document the history of asbestos exposure that caused the disease in the first place. This type of documentation may include relevant employment records, detailed descriptions, or even testimony related to asbestos exposure.
If you have lost a loved one to this disease, you may be eligible to file a wrongful death lawsuit. In this case, you would serve as your loved one’s estate representative and will need to produce evidence.
1. What is the statute of limitations on mesothelioma or asbestos lawsuits?
In wrongful death or personal injury lawsuits, the plaintiff must file the claim soon after the injury is discovered or takes place. Remember, statutes of limitations set a time frame or limit that is usually two years from the date of injury. So, before you attempt to file a mesothelioma lawsuit, speak with an attorney to ensure you are filing the case within the statute of limitations.
2. What are the reasons to file an asbestos exposure or mesothelioma lawsuit?
Patients suffering from this disease seek legal action because the compensation received from such a lawsuit reduces the financial burden or hardships for them and their families. Mesothelioma lawsuits can provide you with money for lost wages or medical expenses while providing a better financial future for your family.
It is essential to hire a professional and experienced mesothelioma attorney because such lawyers can significantly help you decide whether to pursue a claim. They also guide you through the legalities and formalities involved in such cases.
3. Can you get disability or worker’s compensation benefits?
Patients suffering from mesothelioma can easily apply for expedited social security disability benefits. Many attorneys offer free assistance in expediting this process. Similarly, you may also be eligible to receive workers’ compensation benefits.
While every state’s laws differ, your state workers’ compensation board can help you get more information about this. Your mesothelioma attorney may assist you in considering different options to min-max your compensation money.
4. Can I file a mesothelioma lawsuit with any other type of claim?
Maybe. Sometimes, if you file particular claims, you might be able to sue the asbestos product’s manufacturer responsible for your chronic illness. Some of these claims may include veteran or disability benefits. We recommend contacting your mesothelioma lawyer for professional insights to get further information on this.
5. What is the asbestos trust fund?
Several asbestos-product-related companies previously sought protection through bankruptcy when victims started filing multiple lawsuits against them. To provide these companies with bankruptcy protection, the government asked these companies to set up different trust funds to compensate future and present victims of asbestos exposure.
That is why these asbestos trust funds are also called asbestos bankruptcy trusts. You may be able to secure sufficient funds for treatment and end-of-life care via these trusts. These trust funds are helpful when you cannot substantiate your claim against your previous employer and seek compensation.
6. Can you sue the military for asbestos exposure?
Mesothelioma lawsuits are typically filed against all companies that produce products that could be harmful. Or employers who knowingly endanger their employees. Thus, you usually do not sue the military.
However, no matter if you file a lawsuit or not, you can be eligible for benefits through the Department of Veterans Affairs. Your lawyer is the right person who can guide you to understand the VA benefit options.
7. What factors should I look for in a mesothelioma lawyer?
While you don’t need to hire a lawyer, it is better that you do. Lawyers have experience in handling mesothelioma lawsuits. They are experts in asbestos-related claims. Their teams are well-trained to track down the cause of your asbestos exposure and can find the responsible companies.
So, find a lawyer you feel comfortable with. Take their free initial consultation and find the one that best fits you.
Conclusion
Mesothelioma lawsuits assist victims and their loved ones pursue financial compensation from manufacturers responsible for your asbestos exposure and chronic illness. Usually, a mesothelioma lawsuit is settled out of court for almost $1 million. Therefore, you must prepare for a case with a clear understanding. Never hesitate to hire a professional who can answer your queries and provide you with the best solution for a favorable verdict/settlement.
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