Mesothelioma Asbestos Claims
Asbestos compensation comes in several forms. Compensation is available through VA benefits for veterans or asbestos trust funds.
Compensation amounts are based on a variety of factors and are determined by a number of factors, such as how the illness has affected an individual's life. Compensation amounts are also affected by the type of claim that are filed.
1. Medical Records
In a mesothelioma lawsuit lawyers will want to review all of a victim's medical records. These records will contain a patient's test results and diagnosis, which is usually confirmed with lab tests such as an X-ray, CT scan or MRI. These documents will reveal the exact location of asbestos within a person's body. For example the lungs or heart.
Mesothelioma patients are entitled to compensation, including the loss of income and other care requirements. The most experienced mesothelioma lawyers have a thorough understanding of the various forms of compensation that are available and can tell whether someone is entitled to certain kinds of claims.
You may be able to make a claim or lawsuit against an trust fund if have a complaint against an asbestos-related company. Some companies that knew about asbestos products created trust funds to pay out claims, rather than risk facing lawsuits.
A lawyer will know how to obtain these and will also look for other relevant documentation. For example, many people with mesothelioma were exposed in the military, and their lawyers will need to find military records as well as any pay stubs and other employment paperwork they can find.
People with mesothelioma may also want to consider applying for workers' compensation, Social Security disability insurance or veterans' benefits. These benefits can assist with medical expenses, but they are separate from the compensation that is awarded in a mesothelioma lawsuit.
2. Work History
To receive a fair amount of compensation for mesothelioma, it is important to examine the person's asbestos exposure history. This could include a examination of workplaces to which the individual was exposed as well as any products that the victim used at home or at the work environment. It can be a good idea to include the type of asbestos that the victim was exposed to and how much. Mesothelioma victims are usually able to get financial compensation through multiple types of insurance and settlements. These can include claims against asbestos-related companies, trust funds that were set up by those same companies, worker's compensation and special monthly compensation from the Department of Veterans Affairs (DIC).
The type of claim that is filed will vary based on the individual's particular situation. Typically victims are able to make a claim against asbestos manufacturers to claim compensation for their medical expenses, lost wages and other losses. The lawyer for the victim will assist in determining the appropriate amount of compensation for their mesothelioma lawsuit.
Trust mesothelioma lawsuits filed at the asbestos trusts set up by former asbestos companies to safeguard them from future liability. These funds permit victims to get compensation for their losses, even after the company they were exposed to declared bankruptcy. Typically the amount of trust fund payments are in the low six figures or more.
Workers' compensation cases are filed by people who were injured at work. Workers who work on ships, shipyards power plants, ships or any other industrial place of work are able to file claims. Asbestos might also have been found in the schools' workplaces or churches. In some cases mesothelioma patients have also brought claims against cosmetics companies like Johnson & Johnson for using asbestos in their baby powder as well as Claire's for selling the dangerous product in its beauty products.
3. Family History
A mesothelioma asbestos lawsuit is the first step towards suing an at-fault defendant in civil court. It is a legal document that names the company or person responsible for your asbestos exposure and asks them to compensate you with a specific amount. A mesothelioma lawyer can help you decide where to file your claim and ensure that the claim paperwork is completed properly.
Mesothelioma lawsuits seek compensation for your medical expenses, which include medical costs and lost earnings. In some cases, patients with mesothelioma may also seek punitive damages in order to punish the defendant and deter similar conduct.
A mesothelioma lawyer can utilize your family and work information to determine the source of exposure and the extent to which you were exposed. These details will allow your lawyer to construct the strongest case possible and identify the companies that must be held accountable for their actions.
It could take between 20 and 60 years or more for mesothelioma symptoms to develop after asbestos exposure. State laws called statutes of limitations impose an expiration date for mesothelioma lawsuits, with New York statutes requiring legal action to be initiated within three years after diagnosis or discovery. A family member may start a mesothelioma-related wrongful death lawsuit on behalf a loved one who passed away.
It is crucial to begin the process as soon as is possible after a mesothelioma is diagnosed. The mesothelioma lawyer you choose will have the resources and expertise to help you get your family the financial compensation they deserve.
Baron & Budd's experienced mesothelioma lawyers have assisted many victims receive fair compensation from the asbestos trust fund. We have reached settlements with asbestos trusts such as US Thorpe Insulation and Johns Manville. Contact us today to learn more about how we can help you with your mesothelioma lawsuit.
4. Asbestos Exposure
Through the majority of the 20th Century asbestos was widely employed in the construction and insulation industry due to its fire resistance properties. It was also cheap to manufacture and use. Unfortunately, asbestos exposure was not widely known to those working in these trades.
Workers who work with or produce asbestos products are at the most risk of developing mesothelioma. Mesothelioma can also be a problem for people who live close to asbestos sites. Secondhand exposure can also cause mesothelioma in loved ones of those who work in high-risk jobs.
Individuals diagnosed with mesothelioma should seek compensation from multiple sources. This may include trust fund and/or civil claims. The proceeds of civil lawsuits won't affect VA compensation. However, applicants must disclose settlements from trust funds when applying for VA benefits.
Mesothelioma victims should consider making an insurance claim for workers' compensation. This can help pay for the cost of medical treatment and lost income. However, victims need legal advice prior to filing a workers' compensation claim.
A mesothelioma lawyer who is qualified will know what types of compensation are available to asbestos patients and their family members. They can review compensation options and determine the best option for each case.
Mesothelioma lawsuits are filed in civil court and state laws can differ. The statutes of limitation and other legal issues can be complicated. Instead of going to court the majority of cases are settled with mesothelioma agreements. Mesothelioma patients often receive substantial settlements in exchange of waiving their right to bring lawsuits against asbestos companies. The mesothelioma lawyers of Weitz & Luxenberg can assist with filing personal injury or workers' compensation claims, as well as wrongful death claims on behalf of a mesothelioma victim or the family members of a deceased mesothelioma patient.
5. Doctor's Diagnosis
A mesothelioma diagnosis from a doctor is the foundation for asbestos patients seeking compensation. A knowledgeable lawyer can assist asbestos victims determine whether the diagnosis of a doctor is qualified for a non-court settlement or trial verdict to receive compensation.
In most cases, mesothelioma patients who sue for compensation seek to recover both economic and noneconomic losses. Economic damages are a result of treatment costs and lost wages. Noneconomic damages are those that result from the pain and suffering that are not quantifiable. A successful lawsuit could also award punitive damages which is a sum of money awarded by the jury to penalize an asbestos-related company for its inattention.
A successful asbestos case requires a thorough investigation to find and analyze evidence. Experienced mesothelioma lawyers can help asbestos victims and their families create a strong case and determine who is responsible for the exposure.
Despite knowing the dangers of asbestos, many companies involved with its production and sale continued to use asbestos. These companies failed to warn their workers or the public about the dangers. The toxic substance has caused thousands of Americans to suffer from its harmful effects.
Based on the state, mesothelioma victims or their family members who survived them can pursue compensation through a lawsuit. The majority of lawsuits settle before trial. The mesothelioma lawsuits that are available include a personal injury claim, wrongful death lawsuit and trust fund claims. The amount of money a plaintiff gets is dependent on the type of claim and various other factors such as their medical history, the extent of exposure to asbestos and the severity of mesothelioma. The average settlement for mesothelioma is $1 million. A jury verdict could award as much as $2.4 million.