If you or a close family member recently received a mesothelioma diagnosis, you may be wondering what action you should take to get compensated. There is only one way for mesothelioma patients to receive compensation: filing a claim. A mesothelioma claim can be made by Mesothelioma patients, their family members, or attorneys representing the patients.
Types of mesothelioma claims
If you or your loved one developed mesothelioma as a result of being exposed to asbestos, you can claim compensation. There are several types of mesothelioma claims that mesothelioma patients or their family members can file. Eligibility for a mesothelioma settlement depends on factors such as level of negligence, duration of exposure, exposure site, level of suffering, and whether the person exposed to asbestos is alive. Types of mesothelioma claims include:
- Personal injury
- Wrongful death
- Asbestos Trust Funds claims
- VA claims
Personal injury
Victims who developed mesothelioma as a result of asbestos exposure are eligible for compensation through a personal injury lawsuit. Normally, a personal injury lawsuit is filed by mesothelioma patients, but family members can continue to pursue or initiate a personal injury claim if the mesothelioma patient passes away.
Wrongful death
A surviving family member of a victim who died because of mesothelioma can file a wrongful death claim. People who can initiate wrongful death mesothelioma lawsuits against those responsible for asbestos exposure include legal trustees, spouses, children, adopted children, executors specified in a will, legal heirs, and other dependents. A wrongful death claim can seek damages for various reasons, including lost companionship, lost consortium, loss of financial support, mental anguish, and suffering.
VA claims
You could file a VA claim if you were exposed to asbestos while serving in the military and later diagnosed with mesothelioma. A VA claim is not a lawsuit but rather a financial benefit for veterans with a disability. Note that mesothelioma is recognized as a disability by the United States government.
Asbestos Trust Funds claims
Asbestos Trust Funds are available from companies that used to manufacture products containing asbestos, exposed employees to asbestos, or mined asbestos. While you don’t need a lawyer to file an asbestos trust fund claim, it is advisable to hire a mesothelioma attorney. An experienced mesothelioma lawyer is familiar with how each trust fund works and can help to maximize your compensation.
Do I need a lawyer to file a mesothelioma claim?
While you can file a mesothelioma claim on your own, it is advisable to use an experienced mesothelioma attorney to represent you. Otherwise, you will be trying to fight yourself out of a hole the whole time. Laws are complex around the United States, and filing a mesothelioma claim is a specialized area. It is important to consult a lawyer or a law firm experienced in this area as they often have a lot of knowledge on how and where asbestos was used. It also allows you to concentrate on your health and spend time on other important things.
Endnote
Mesothelioma is a hostile cancer that requires expensive treatments, caregiving, and travel costs that aren’t covered by health insurance. If you have been diagnosed with this terrible cancer, you and your family deserve every financial resource available. Talk to a lawyer to see if you are eligible for a mesothelioma claim.
