Filing a mesothelioma claim can help
you obtain money to cover pain and suffering, medical expenses and lost income
resulting from asbestos exposure. In the majority of cases, the individual who
is filing the claim seeks monetary compensation for damages that arise after a
diagnosis of asbestos cancer.
In asbestos injury cases, there are
two primary types of claims that may be filed. The first is a personal injury
claim, which is typically filed by a patient who received the diagnosis. The
second is a wrongful death claim, which can be filed by a family member in
cases involving a loved one who has died from an asbestos-related disease.
Specific rights involving these claims vary depending on the state in which the
case is filed.
There are also options for ways to
work the claim: through a bankruptcy trust; through litigation; through
workers’ compensation; and through veteran’s benefits.
Options for Filing Mesothelioma Claims
There are multiple ways to file a claim. Your attorney can
advise you on the best option(s) for your situation.
Bankruptcy Trusts
In the past few decades, many asbestos manufacturing companies
have since declared bankruptcy for a variety of reasons. Filing for bankruptcy
does not always mean that the asbestos companies have run out of money.
Instead, most asbestos companies who declare bankruptcy simply do so in order
to reorganize and become more stable. In some cases, the courts involved in
these bankruptcies ordered the creation of mesothelioma compensation funds,
also known as trust funds. These funds are intended to provide compensation for
patients affected by an asbestos cancer. A lawyer with a specialty in asbestos diseases can help you determine whether the
company responsible for your injuries has a trust fund and also help in filing
a claim.
Litigation
Litigation is another option. Asbestos-related medical problems
are almost always the result of an asbestos manufacturing corporation's
negligence or a company's failure to warn of asbestos hazards. Filing a claim
against the company, or companies, responsible for your asbestos exposure may
result in compensation for many types of damages.
Damages which may be covered by an asbestos
claim include:
·
Lost income
·
Pain or suffering
·
Medical expenses
·
Loss of love, services and sexual relations from a spouse (known
as loss of consortium)
A lawyer can determine whether additional expenses may be
covered under your claim. It is important to save all medical and financial
records relating to your illness for this reason. Your attorney will be aware
of the legal options available and can guide you through the process of filing
a claim. After speaking with your attorney you may determine that a lawsuit
offers the best opportunity to obtain a large award for your injuries.
Other
Types of Claims
If you suspect you were exposed to airborne asbestos on the job
or while in the military, you may be able to file a claim for workers'
compensation or veteran's benefits. Your local workers' compensation board or
the Veteran’s Administration can provide more information. However, these types
of claims can be complex, so it is also wise to speak with a mesothelioma
attorney to evaluate your options.
Source:http://www.asbestos.com/mesothelioma-lawyer/
No comments:
Post a Comment