The legal remedies available to mesothelioma patients can vary, depending on the source of asbestos exposure and the progression of the condition. In some cases, mesothelioma patients (or families who have lost a loved one to mesothelioma) may have more than one option for pursuing claims and seeking financial recovery.
The lawyers at the Amaro Law Firm are dedicated to providing the highest quality representation and advocacy to mesothelioma patients and their families. Experienced, diligent, and compassionate, our attorneys are ready to help you determine your claim options and protect your rights and interests.
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Types of Mesothelioma Claims
Mesothelioma claims can be:
- Personal Injury Claims, which can specifically take the form of:
- Premises Liability Claims, when buildings or properties contain unabated asbestos – This is more common in older buildings, which can contain asbestos in areas like the insulation, wall/flooring/ceiling materials, and roofing materials.
- Product Liability Claims, when risky or toxic projects contain and expose people to asbestos – The fire- and heat-resistant properties of asbestos have led to its use in various products, such as vehicle parts (like brakes), laboratory equipment, fire-proof blankets and doors, copper wire and various industrial materials and equipment.
- Wrongful Death Claims, when mesothelioma results in death – These claims can be pursued by a surviving spouse, a child, and/or a parent of the decedent. Alternatively, a survival action can be pursued by other relatives and/or the estate of the decedent (if there is no surviving spouse, child, or parent with a wrongful death claim).
- Workers Compensation Claims, when asbestos exposure occurs at work or as a result of work-related activities – Some of the occupations that tend to have the highest risk of on-the-job asbestos exposure include:
- Shipyard workers
- Construction, demolition, and abatement workers
- Power plant workers
- Steel mill workers
- Pipefitters and electricians
- Military troops.
Resolving Mesothelioma Claims
The details surrounding a given mesothelioma claim can impact the options for resolving it. In general, however, there are two primary means of resolving mesothelioma claims:
- Out-of-court resolutions – As the most common way mesothelioma claims are resolved, out-of-court settlements or awards can benefit plaintiffs by providing faster resolutions (than litigation). This is because out-of-court settlements prevent plaintiffs from having to work around the court’s schedule and deal with the possibility of appeals. Resolving mesothelioma claims out of court can involve:
- Accepting a pre-litigation settlement
- Filing a claim with an asbestos/mesothelioma trust fund
- Filing a claim for workers’ compensation and/or veterans’ benefits.
- Trial – When out-of-court options are not a viable means of favorably resolving a mesothelioma claim, taking the case to court can be necessary. While litigation may extend the resolution of these claims, it can provide the opportunity for seeking punitive damages, which may increase the value of (and recoveries for) mesothelioma claims.
When it comes to resolving mesothelioma claims, it is also important to be aware that:
- There are statutes of limitations for mesothelioma claims – The deadline for filing a mesothelioma claim will vary according to the nature of the claim and where (in what state) the claim is being filed. Typically, the clock on this deadline starts running as of the date of diagnosis. Courts have, however, made exceptions for mesothelioma claim filing deadlines in light of the fact that mesothelioma can have latent symptoms (for decades) and that the condition is commonly misdiagnosed.
- Mesothelioma claims can be fast-tracked for resolution – Knowing how deadly and progressive mesothelioma can be, the courts can be open to expediting these claims in an attempt to resolve them before the condition results in death.
- A claim can be refiled as a wrongful death claim is the mesothelioma patient passes away before the claim is resolved – For instance, if a mesothelioma claim starts as a product or premises liability case and a plaintiff passes away from mesothelioma before the claim is resolved, a surviving loved one can refile the claim as a wrongful death case or a survival action.
Mesothelioma Compensation & Financial Recoveries
The amount of compensation available for a mesothelioma claim can vary from case to case, depending on the nature and details of a given claim. In general, however, damages for mesothelioma claims can include compensation for (but not necessarily exclusive to):
- Medical bills, including those associated with surgery, chemotherapy, radiation, hospital stays, palliative care, and hospice care
- Past and future lost wages
- Disability compensation
- Pain and suffering
- Funeral and burial expenses (when mesothelioma has deadly outcomes)
- Punitive damages (in some cases).
While compensation can never negate the impacts of and losses from mesothelioma, financial recoveries from these claims can provide the means for seeking treatment and rebuilding lives.
Prepare your Claim: Contact a Mesothelioma Lawyer at the Amaro Law Firm
A mesothelioma lawyer at the Amaro Law Firm can explain your options for pursuing a claim.
With more than two decades of experience resolving mesothelioma claims, our attorneys have the insight, knowledge, and skills to effectively advocate your rights and help you prepare your claim.
The Amaro Law Firm’s history of superior representation and success in mesothelioma (and other) claims has earned us glowing testimonials from our former clients, as well as 5-star ratings on Google and Facebook.