A mesothelioma claim, otherwise known as an asbestos claim, is a type of litigation that allows mesothelioma patients and their families to receive compensation for their illness and expenses related to asbestos exposure. There are three different types of mesothelioma claims that a patient can pursue: personal injury claims, wrongful death claims, or trust fund claims.
Types of Mesothelioma Claims Explained
Wrongful death and personal injury claims are the most common mesothelioma claims. Additionally, bankrupt asbestos corporations created trust funds that pay out individuals with asbestos-related illnesses.
A mesothelioma claim can result in payment via a settlement, trial verdict, or payment by an asbestos trust fund. The payout level varies based on the type of claim filed, but some settlements are as large as $1 million.
Personal Injury Lawsuits
When a patient files a lawsuit, this is known as a personal injury claim. During a personal injury claim, a jury decides how much to award a patient for their various losses, such as medical expenses, lost wages, and pain and suffering.
In certain cases, a jury may also award punitive damages to discourage future wrongdoing from the defendant. Most often, mesothelioma lawsuits are settled out of court before a trial takes place.
Wrongful Death Claims
Claims filed by a deceased individual’s estate or loved ones are known as wrongful death claims. This type of lawsuit offers families compensation for their loved one’s death due to mesothelioma. Here, juries may award compensation for funeral costs and other cancer-related expenses.
Trust Fund Claims
Many asbestos companies have set up a trust fund list to set funds aside to compensate those harmed by exposure to the dangerous mineral. This helps patients get much-needed financial compensation and allows the company to avoid further lawsuits.
An experienced mesothelioma law firm, like Shrader Law, can help determine if the company responsible for your or your loved one’s asbestos exposure has a trust fund. If so, it can also help you go about filing a claim.
Why File a Claim
The primary reason most patients file a mesothelioma claim is to receive compensation for their losses. This money can pay for cancer treatments and make up for lost wages for those who are still living and can offer families help with funeral costs and familial support for patients who have passed away from the disease. Because mesothelioma is a preventable cancer, these claims are designed to hold the companies responsible for their dangerous corporate negligence.
Filing a Mesothelioma Claim
Hiring a lawyer who specializes in mesothelioma lawsuits helps to make the claim filing process easier. A knowledgeable attorney can help you to gather evidence and documentation to build a strong case. They can walk you through the process and help answer any questions.
To file a claim, you’ll need:
- Medical records of your diagnosis
- Work History Records proving you or your loved one worked for the company named in the claim
- Financial records outlining the hardships of the illness on your family
- Testimony linking the cause of cancer (asbestos) to the final cancer diagnosis
A mesothelioma attorney can help you determine the best strategy for winning your claim. While the claim process is complex, an experienced lawyer can advocate for your rights and educate you on what those are.
Depending on the state, a statute of limitations may be in place for filing a claim. If you or a loved one are suffering from mesothelioma due to asbestos exposure in the workplace, get in touch with a mesothelioma attorney today, as any delay may hurt your eligibility.
Shrader Law: Helping You File Mesothelioma Claims to Get the Compensation You Deserve
If you’ve developed mesothelioma as a result of working with asbestos, you may be owed compensation for the expenses related to your illness as well as the pain and suffering you’ve endured. Don’t hesitate to reach out to our office with your questions right away.
Contact our experienced team here at Shrader & Associates L.L.P. to learn more about how we can help with your case. Give us a call at (877) 958-7920 or fill out the online contact form to get in touch with a skilled attorney today.