How Does a Mesothelioma Claim for Compensation Work?June 27, 2017
Following a mesothelioma diagnosis, pursuing a claim for financial recovery can be important to cover medical costs. It can also be central to compensating those whose lives have been forever changed due to unnecessary or preventable asbestos exposure.
When it’s time to move forward with a mesothelioma claim, there may be various options for seeking compensation and justice. These options can vary according to:
- The status or condition of the mesothelioma patient
- The means of asbestos exposure.
At the Amaro Law Firm, our attorneys have extensive experience helping mesothelioma patients and their families identify all available legal remedies and successfully pursue mesothelioma claims. We invite you to contact us to set up a free, no obligations case evaluation and receive helpful advice regarding your options for recovery and justice.
In the meantime, the following presents an overview of the different types of mesothelioma claims and how to move forward with them.
3 Main Types of Mesothelioma Claims
In general, mesothelioma claims can be:
- Personal injury claims – This can be the case when mesothelioma patients were exposed to asbestos via:
- Toxic products, giving rise to product liability claims – Fireproofing materials, roofing and siding materials, and even tiles are just some of the products that can contain asbestos. Long-term exposure to products that release asbestos fibers can result in mesothelioma and be the basis for product liability claims against negligent manufacturers.
- Dangerous or toxic settings, constituting premises liability claims – For instance, unabated asbestos in older apartment buildings can expose residents to harmful asbestos fibers.
- Wrongful death claims – When mesothelioma has deadly outcomes, the spouse, children, and/or parent(s) of the decedent may be able to file a wrongful death claim (against the party responsible for the asbestos exposure). Here, it’s important to note that:
- A mesothelioma claim that starts a product or premises liability claim (when the afflicted individual is still alive) can be resubmitted as a wrongful death claim if the patient succumbs to the condition before the case is resolved.
- If a spouse, child, or parent doesn’t survive a mesothelioma patient, other relatives (and/or the estate of the deceased patient) may be able to pursue a survival action.
- Workers’ compensation claims – On-the-job asbestos exposure that contributes to mesothelioma can be the basis of a worker’s compensation claim. Workers who tend to have the highest risk of work-related asbestos exposure include (and are by no means limited to):
- Shipbuilders, ship repair workers, and ship demolition workers
- Construction workers and roofers
- Power plant workers
- Military troops
With mesothelioma claims, please be aware that:
- The statutes of limitations for these cases can be less rigid (than other types of personal injury claims) – This is largely due to the fact that mesothelioma can be latent or go undiagnosed for years, if not decades, following asbestos exposure. Consequently, the courts have made exceptions for deadlines associated with filing these claims.
- Mesothelioma claims may be expedited – Given that mesothelioma is commonly diagnosed in later, deadlier stages, the courts can be open to fast-tracking these cases (so they can be litigated and resolved before the condition results in death).
How to Start a Mesothelioma Claim
The process of initiating a mesothelioma claim will depend on the exact type of claim a plaintiff has. In general, mesothelioma claims can be started by:
- Filing a claim with a trust fund – Many asbestos manufacturers have set up special trust funds dedicated to compensating mesothelioma patients.
- Filing a personal injury claim – These claims can be resolved via pre-trial settlements or litigation.
- Filing a worker’s compensation claim – Deadlines for filing worker’s compensation claims vary by state. It’s crucial to discuss this option with a lawyer before proceeding with a claim.
- Filing a claim for veterans’ benefits – If asbestos exposure occurred during the course of military service, particularly naval service, troops or veterans who develop mesothelioma may be eligible to pursue these claims.
Since there are clearly various types of mesothelioma claims (and multiple ways to initiate these claims), consulting with a skilled mesothelioma lawyer – like an attorney at the Amaro Law Firm – is strongly advised.
The representation and guidance of an experienced attorney can be pivotal to the strength and success of your mesothelioma claim.
Get Experienced Help with a Mesothelioma Claim: Contact a Mesothelioma Lawyer at the Amaro Law Firm
A mesothelioma lawyer at the Amaro Law Firm is ready to review the facts of your case and explain your options for financial recovery. We represent mesothelioma patients and families from across the U.S.
To set up a free consultation and receive essential advice regarding your potential claim, call (713) 352-7975 or Contact our Firm. We provide virtual consultations and can travel to meet you if you are unable to come to our office.