4 Steps When Claiming for
Mesothelioma is an aggressive and deadly cancer. It transpires in the thin layer of protective tissue (mesothelium) that covers most organs. It is often only diagnosed at its advanced stage when the treatment is critical due to the late detection of symptoms.
Cause of Mesothelioma
The most certain cause of mesothelioma as of now is asbestos exposure. Asbestos can easily be inhaled and creates blockages in our lungs (bronchioles). It takes a long time for the asbestos fibers to generate cancer cells; therefore, they are diagnosed after decades. However, modern safety protocol prohibits exposure to asbestos, those exposed to the substance in the 1980s are at immense risk of mesothelioma.
Types of Mesothelioma and its Treatment
- Pleural(pleura); Affects the outer layer of the lungs.
- Peritoneal (peritoneum); Affects the lining of the abdomen.
- Pericardial(pericardium); Affects the tissue lining that covers the heart.
- Testicular(tunica vaginalis); Affects the protective layer of the testicles.
Pleural mesothelioma and peritoneal mesothelioma are the most common types. Treatments available for this disease are surgery, chemotherapy, and radiation. However, these treatments can only provide relief to the symptoms to an extent. The patient can only extend a bit of their life expectancy.
Types of Mesothelioma Compensation
- Personal injury lawsuit (compensation claimed by the patient)
- Wrongful death lawsuit (compensation claimed by the family),
- Trust fund claim. (compensation claimed for both patient and family).
Claiming for Mesothelioma Compensation
When you decide to claim the compensation, you must know a few things beforehand. To claim the compensation, a completely legal process is required. To help you with that, finding a lawyer experienced in mesothelioma cases can be a wise decision.
Consult an experienced lawyer
Finding the right attorney for your case is crucial if you're opting for the lawsuit. A Lawyer with a successful history can suggest the best options to get the maximum advantage. If you are a military veteran from the US, you can also look for agents to get help with legal claims. They work for the sole purpose of providing this facility to the veterans who became the victims of mesothelioma while serving the country.
Confirm the eligibility criteria
Make sure you fulfill all the requirements to be eligible for the claim. They will ask for the claimant’s medical history, work history, and other proof to back up your case. Present solid proof of asbestos exposure. This is a big factor that decides whether you are eligible for the claim. Your lawyer will help you determine liability by collecting clear evidence of asbestos exposure, whether it happened at work, other places, or using asbestos products.
File the asbestos claim
Claiming mesothelioma compensation has a time duration limit of 2-3 years (based on your country). Whether you’re claiming after the diagnosis or the death of a mesothelioma patient, file for a claim as soon as possible. However, there is still a chance that you can claim mesothelioma compensation for special circumstances. Now your lawyer will file the mesothelioma compensation claim. The lawyer will probably try to settle things directly with the manufacturers or the company at fault. And if it doesn’t work out, he’ll take legal action. Getting a lawyer to do all the legal work can make things easier and faster.
Settlement agreement/Claim in the courtroom
Here, your lawyer presents the collected evidence and tries to negotiate with the other party. Usually, asbestos manufacturing companies try to settle at this point. In case of clear pieces of evidence, they will try to negotiate, and a lawyer will help you get the maximum compensation.
When you fail to settle with the asbestos manufacturer, the lawyer reaches out to the court. In most cases, both the claimant and the company reach for the settlement for fear of court trials. But, if settlement is not an option, you can fight in the courtroom. In most instances, the claimant's case is strong, and they eventually receive the mesothelioma compensation.
Who is responsible for the compensation?
Undoubtedly, any organization manufacturing asbestos directly or indirectly is responsible for paying the mesothelioma compensation. Also, consider who to reach out to for the claim.
It includes all the organizations that were once involved in asbestos manufacturing. It involves the company collecting raw asbestos, i.e., asbestos mine operators, asbestos product manufacturers, distributors, and who used asbestos products in their products.
Many asbestos-related companies have insurance that covers their lawsuits. If this is the case, the responsibility of paying mesothelioma compensation falls into this category. This means the insurance company will pay for your claim.
Veteran Affairs Department
The department of veteran affairs actively works on mesothelioma compensation. As it dealt with asbestos firsthand, many veterans are diagnosed with mesothelioma. So, if you are a veteran, you can claim mesothelioma compensation from the veteran affairs department.
Asbestos Trust Funds
These trust funds were made exclusively for the mesothelioma compensation: the bankrupt companies set aside money to aid the current and future mesothelioma patients. Therefore, you can claim from the trust funds if the company you worked in is not operating anymore.
Receiving the mesothelioma compensation can take some time, depending on your filed claim. It usually takes three months to a year, and the claim’s worth depends on many factors. Those factors include the loss of wages, hospital and medication costs, traveling costs, the severity of the illness, loss of the capacity to earn, the number of companies involved and if they opened the trust fund, and the funeral expenses. The earlier you file for the claim, the better it will be. And before you file the claim, consult with your lawyer actively and find out the type of claim that is most beneficial for you.
About 3000 people were diagnosed with mesothelioma in the United States and approximately 30,870 Worldwide in 2020. Claiming for mesothelioma compensation can help the patients with their treatment and travel expenses. It also helps you with your finances and cares for your family as you cannot work due to the illness. People should not hesitate to claim compensation as it is your right, and asbestos companies are offering it only because they wronged you.
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