Filing a Mesothelioma / Asbestos Claims

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Every year thousands of people lose their life to Mesothelioma which is a rare and aggressive form of cancer. This disease usually is caused when a person is exposed to asbestos. It is almost always fatal and till date has no cure. The treatment of mesothelioma only focuses on relieving the sufferer’s pain and symptoms and improving their quality of life.

Asbestos material was very widely used between the 1950s and the 1980s in the construction and manufacturing industries. People working in these industries at that time were regularly inhaling the fibres and dust of asbestos which lead to their bodies developing mesothelioma.

After a mesothelioma diagnosis, the sufferers can file a compensation claim against the employer for whom they worked at the time of asbestos exposure. The asbestos claim is a legal action which allows a patient and their family to get compensation for mesothelioma which was caused due to asbestos exposure.

Types of Asbestos Claims

There are three kinds of asbestos claims that a sufferer can file:-

1. Personal Injury Lawsuit
2. Wrongful Death Lawsuit
3. Trust Fund Claims

Many manufacturing companies wrongfully exposed their employees to asbestos even after knowing its toxic nature. Filing a claim may provide you with compensation to cover the cost of the treatment, the lost income and other associated expenses.

Personal Injury Claims

The personal injury claims are filed by people exposed to asbestos and who later were diagnosed with a related illness such as mesothelioma. This claim is filed against the asbestos company which the claimant worked for and is responsible for their exposure. The claim that you file must prove that the company products have caused the illness.

The personal injury claim must include:-

  • The medical document of the diagnosis of mesothelioma
  • A doctor’s written statement linking your illness to asbestos exposure
  • Your work history (if you worked in the company that used asbestos)
  • Product exposure (if you used a product that contained asbestos in it)

After submitting the claim the mesothelioma lawsuit shall begin. The money from the personal injury claim may cover the treatment costs and compensation for the emotional toll that a mesothelioma diagnosis brought.

Wrongful Death Claims

The wrongful death claim is filed by the family members of a victim that passed away from an asbestos-related disease. This claim aims at holding the company manufacturing asbestos-containing products liable for the death of the victim. Mesothelioma compensation helps the family pay the victim’s past medical bills and other related expenses such as funeral costs and also emotional damages. An asbestos attorney can help the family members determine whether they are eligible to file a mesothelioma claim after the victim has passed away.

Trust Fund Claims

A lot of asbestos companies were not able to keep up with the number of lawsuits that were being filed against them; hence they declared bankruptcy and created an asbestos bankruptcy trust which thereon would be paying out the current and future claims. Now they were facing no more asbestos-related lawsuits yet compensating the victims who were exposed to their products. The individuals who were exposed to the company’s asbestos negligence can now file a claim against the trust to receive rightful compensation. Hire an asbestos lawyer who can file a successful bankruptcy trust claim on the victim’s behalf. Once the claim has been filed, the trust fund administrators review the claim and then payout as per the fund’s payment percentage.

Hire an Experienced Asbestos Attorney

If you or someone you know has been diagnosed with mesothelioma due to asbestos exposure then you should file for compensation. As a victim or a victim’s family member, you might not be aware of all the rules and regulations of the claim filing, hence for best results you would need to work with a skilled lawyer to file your asbestos claim. Siler & Ingber can help you through the entire process and their mesothelioma lawyer shall ensure that your fund claim is filed in a correct and timely manner.

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