What’s a Mesothelioma Claim?
In humans, mesothelioma is a type of cancer that affects the thin layer of tissues covering various internal organs. A mesothelioma or asbestos claim is a legal action that enables patients and their families to recover compensation for the expenses incurred as a result of this disease.
How to file a mesothelioma claim
The steps to file a mesothelioma claim include:
- Understanding eligibility requirements
- Assembling documentation and awaiting claim review.
- Filing of asbestos claim
1) Understanding eligibility requirements
Depending on the type of claim, the asbestos lawyer helps the claimant understand eligibility requirements. They also provide them with information about the available compensation options for their mesothelioma claim.
Proof of asbestos exposure, an asbestos prognosis, and compliance with the statute of limitations – the time frame for filing a claim that varies by state and by the time of application – are the three basic eligibility requirements for filing asbestos-related claims.
2) Assembling documentation and awaiting claim review.
Once a type of mesothelioma claim is determined, claimants gather the necessary documents with the aid of a lawyer. In general, a mesothelioma claim includes the following documentation.
- A medical prognosis of mesothelioma
- A written statement by your doctor connecting the diagnosis to asbestos exposure
- Work history (in case you worked at a company that used products that contained asbestos)
- Product history (If you used asbestos-containing products)
3) Filing of asbestos claim
A mesothelioma lawyer knows where and how to file a claim. Once the documents are gathered, the attorney submits the claim containing all the required documents. Even if your chances of winning are slim, a lawyer can help you get aid.
However, suppose you’ve caught a rare type of mesothelioma, called Peritoneal Mesothelioma. In that case, you may have an advantage. Click here to learn all about Peritoneal Mesothelioma and get help from an expert who will file a claim on your behalf. Contacting a lawyer will also free you to focus on your treatment and other personal matters, leaving justice to the professionals.
Who pays for the mesothelioma claims?
Four types of organizations/departments pay for the mesothelioma claims. The detail of these organizations is as follow:
- Liable companies include asbestos mine operators, product manufacturers, and distributors. Those companies that use asbestos products also fall under this category.
- Asbestos trust funds are trust funds set up by the liable companies to pay asbestos claims to get protection from future liability.
- Insurance companies: The companies acquire liability insurance that covers lawsuit claims and worker compensation claims.
- Veteran affairs department: If the asbestos exposure happens during military service, the department of veteran affairs considers the illness connected to the service.
Types of a mesothelioma claim
The main areas of concern for mesothelioma patients are their eligibility and how much and when they will receive compensation. Based on your case’s circumstances, only your lawyer can determine which of the three types of mesothelioma claims to file.
1. Personal injury mesothelioma claim
You must prove that asbestos-containing products caused your illness as part of this claim. Once your injury claim has been submitted, you can file a mesothelioma lawsuit. Depending on the circumstances, your lawyer will develop a strong case to reach an out-of-court settlement or a trial judgment. Personal injury claims cover medical treatments cost and other expenses such as emotional exhaustion caused by the diagnosis of mesothelioma.
2. Wrongful death claims
The family of a person who has passed away due to mesothelioma or other asbestos-related diseases can file this type of claim. The wrongful death claim of mesothelioma holds accountable the asbestos-containing product manufacturers for the victim’s death. The lawsuits filed for deceased mesothelioma victims help their families pay off their previous medical bills and the cost of the funeral and other related expenses.
3. Asbestos trust fund claim
Developing mesothelioma by exposure to the asbestos-containing material makes you eligible to file an asbestos trust fund claim. It is difficult for the asbestos companies to cope with so many lawsuits, so they develop asbestos bankruptcy trusts. It saves them from confronting more asbestos-related lawsuits while compensating asbestos victims.
Type-wise breaks down of mesothelioma claim amounts:
According to the type of claim and case context, the number of mesothelioma claims varies. Here is a breakdown of mesothelioma claim amounts based on types of claims:
1. Asbestos trust fund claim
According to the RAND institute of civil justice, mesothelioma victims receive claims from the asbestos trust fund nearly equal to $180,000. However, the trust should have sufficient funds to pay future claims. Therefore, they may only pay the percentage of the actual claim depending on their total funds.
2. Mesothelioma out-of-court settlement
Around 95% of mesothelioma cases are finalized in out-of-court settlements. The out-of-court settlement amount may vary based on your case, and the average settlement amount is around $1 million.
3. Mesothelioma trial verdict
The amount of trial verdict depends on whether the court believes that you are the victim of an asbestos-based product. If the court’s rules are in your favor, you can win millions of dollars; otherwise, you may not get any money at all.
Benefits of filing mesothelioma claims
After asbestos exposure, filing a claim can provide financial support, peace of mind, and the opportunity to exercise their rights. Mesothelioma compensations cover expenses associated with the treatment of the disease that provides financial security to the patient’s family.
Individuals should be encouraged to file a claim even if they feel that the claim filing process is lengthy and complex. As a result, mesothelioma lawyers assist patients and their families throughout each stage of the claims submission process, allowing them to focus on their treatment and their loved ones to recover from their loss.
Conclusion
To ensure your mesothelioma-related lawsuit is filed correctly and promptly, it is important to hire a lawyer. A mesothelioma case is a complex procedure that requires a lot of documentation, which is nearly impossible to manage on your own. Only a professional lawyer can determine which claim to file based on the specific facts of your case.
