Mesothelioma Asbestos Claims
Asbestos compensation comes in several forms. Compensation is available through VA benefits for veterans or asbestos trust funds.
Compensation amounts vary and are determined by a number of factors, including how the illness has affected an individual's life. The type of claim submitted will also impact the compensation amount.
1. Medical Records
In a mesothelioma case lawyers will want to review all of a patient's medical records. These records will contain a victim's test results and diagnosis, which are often confirmed using laboratory tests like an X-ray CT scan or MRI. These documents will indicate the exact location of asbestos within a person's body. For example, the lungs or the heart.
Mesothelioma patients are entitled to compensation, including the loss of income and other care needs. The best mesothelioma attorneys are well-versed in the types of compensation available and will determine whether or an individual is eligible for various types of claims.
This could include the possibility of a lawsuit against an asbestos company or trust fund claims. Some companies that knew about asbestos products created trust funds to pay claims, rather than risk facing lawsuits.
A lawyer can find these documents and also search for other relevant documents. For instance, a lot of patients with mesothelioma were exposed in the military, and their lawyers must track down military records and any pay stubs and other employment paperwork they are able to obtain.
People with mesothelioma should also look into applying for benefits for veterans as well as workers' compensation or Social Security disability insurance. These benefits can be used to help pay for medical expenses but they are different from compensation for mesothelioma cases.
2. Work History
To receive a fair amount of compensation for mesothelioma, it is important to examine the person's asbestos exposure history. This can include an analysis of the workplaces where the victim was exposed, and any products that the person used in the workplace or at home. It could include the type of asbestos that the victim was exposed to and how much. Mesothelioma victims are usually able to get financial compensation through a variety of settlements and insurance. These include claims against asbestos-related companies, trusts established by these companies and workers' compensation and special monthly compensation from Department of Veterans Affairs.
The type of claim that is filed will vary based on the person's unique situation. Typically, victims can make a claim against asbestos manufacturers to get compensation for medical expenses, lost wages, and other losses. The lawyer for the victim will assist in determining what compensation is best for their mesothelioma claim.
Trust fund mesothelioma claims are filed with asbestos trusts established by formerly liable asbestos companies to protect themselves from future liability. These funds allow victims to receive compensation for their losses, even after the company they were exposed to filed for bankruptcy. Typically the trust fund payouts are in the lower six figures or more.
People who have suffered injuries at work may make a workers compensation claim. Employees who work on shipyards, ships power plants, shipyards or any other industrial workplace can file claims. Additionally, some people might have been exposed to asbestos in the workplaces of their schools or churches. In some instances mesothelioma sufferers have brought claims against cosmetics companies like Johnson & Johnson for using asbestos in their baby powder, and Claire's for selling the dangerous product in its beauty products.
3. Family History
A mesothelioma claim is the first step in seeking a judgment against a defendant in civil court. It is a legal document which names the company or person responsible for your asbestos exposure, and requests them to compensate you with a specific amount. A mesothelioma attorney can help you decide how to file your claim and ensure that the claim is completed correctly.
Mesothelioma lawsuits seek compensation for your illness-related expenses, including medical expenses and lost earnings. In certain cases, patients with mesothelioma may also pursue punitive damages to penalize the defendant and deter similar behavior.
An experienced mesothelioma attorney can utilize your family history as well as work records to determine when and where you were exposed to asbestos. These facts will enable your attorney to build the strongest possible case and identify the companies that should be held accountable for their negligence.
It can take 20 to 60 years or more for mesothelioma-related symptoms to develop following asbestos exposure. State laws, also known as statutes of limitations set the time frame for mesothelioma lawsuits, with New York statutes requiring legal action to be initiated within three years of diagnosis or discovery. Family members can file a wrongful-death mesothelioma suit on behalf of a loved one who has passed away.
It is crucial to begin the process as soon as is possible after a mesothelioma is diagnosed. Your mesothelioma attorney will have the resources and experience needed to help you get your family the financial compensation they deserve.
The experienced mesothelioma attorneys at Baron & Budd have helped many patients receive fair compensation from asbestos trust funds. We have negotiated settlements with asbestos trusts like US Thorpe Insulation and Johns Manville. Contact us for more information about our mesothelioma lawsuit assistance.
4. Asbestos Exposure
In the early part of the 20th century asbestos was extensively used in construction and insulation due to its fire resistance properties. It was also affordable to manufacture and used. Unfortunately, people working in these professions were not aware of the health risks associated with asbestos exposure.
The greatest risk is for those who have handled or made asbestos-containing products. However, those living near asbestos sites are also at risk of developing mesothelioma. Exposure to asbestos from the outside can cause mesothelioma in the loved relatives of those working in high-risk jobs.
Patients diagnosed with mesothelioma should seek compensation from several sources. You may also make a claim for civil or trust funds. The proceeds of a lawsuit will not affect VA compensation, but the individual must disclose settlements with trust funds when requesting VA benefits.
Mesothelioma patients should also consider making a claim for workers compensation. This will help cover medical expenses and lost income. Before filing an application for workers' compensation, victims need to consult with a lawyer.
A mesothelioma lawyer who is qualified will know which forms of compensation are available to asbestos patients and their families. They can review all options for compensation and decide the most appropriate course of action for each individual case.
State laws differ. Mesothelioma suits are filed in civil courts. Statutes of limitations and other legal issues, can be complex. A majority of cases settle through mesothelioma lawyers settlements instead of going to trial. Mesothelioma plaintiffs usually receive large settlements in exchange for the waiver of their rights to sue the asbestos companies responsible for their exposure. Weitz & Luxenberg's mesothelioma attorneys can assist in filing personal injury, workers compensation and/or wrongful death claims on behalf of mesothelioma patients or family members of a deceased patient.
5. Doctor's Diagnose
A mesothelioma diagnosis is the basis on which asbestos victims can seek compensation. An asbestos victim is aided by a knowledgeable lawyer to determine if a doctor's diagnoses makes them eligible for an out of court settlement or a trial verdict in order to be compensated.
In most cases, mesothelioma sufferers who are suing for compensation seek compensation for both economic and non-economic losses. Economic damages are ones that are easily accounted for, including costs for treatment and lost wages. Noneconomic damages include suffering and pain, which cannot be quantifiable. In addition, a successful lawsuit may be awarded punitive damages, which are the amount that a jury awards to punish the asbestos company for their negligence.
A successful asbestos case requires a thorough investigation in order to find and analyze evidence. Lawyers who have experience in mesothelioma are able to help asbestos victims and their families, as well as loved ones build strong cases and determine the responsible parties.
Despite being aware of the dangers of asbestos however, a lot of companies involved in its production and sales continued to use it. They also did not inform their workers or the general public about the risks. As a result thousands of Americans have been affected by the toxic chemical's harmful effects.
Based on the state, mesothelioma sufferers or their surviving family members may seek compensation through a lawsuit. Most lawsuits are settled before trial. There are three types of mesothelioma lawsuits which include personal injury lawsuits, wrongful-death suits and trust fund lawsuits. The amount of compensation the plaintiff receives is contingent on their nature of claim, and several other factors such as their medical history, their level of exposure to asbestos and the degree of mesothelioma. The median settlement for mesothelioma is $1 million. However, a jury verdict could be as high as $2.4 million.