Filing a Mesothelioma Claim: What to Expect

Why You Should File an Asbestos Claim

If you or a family member has been exposed to asbestos as a result of a company and that exposure led to an illness such as mesothelioma, you should file a claim.

There is money sitting in trust funds waiting to be paid out to victims and their families, and there are lawsuits being filed to provide the compensation that you deserve.

Filing an asbestos claim can help provide the money necessary to pay for medical treatment of a disease and it can help alleviate financial stress related to medical bills and other arrangements that might be necessary.

Additionally, if you or a loved one has experienced pain and suffering as a result of asbestos exposure, you deserve compensation.

Fill out the form below to see if you may be eligible for financial compensation due to asbestos exposure.

Types of Mesothelioma Claims to File

There are three main types of mesothelioma or asbestos claims:

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

Each one of these types of claims applies to different circumstances however each claim type can lead to the compensation that is deserved.

The two most common types of claims are personal injury and wrongful death lawsuits while trust fund claims typically occur when a company has declared bankruptcy and as a result has set aside money in an asbestos trust fund.

While there are differences between lawsuits and trust fund claims, both can result in compensation for your mesothelioma or asbestos-related disease.

Claimants can receive thousands of dollars or more from a claim, with some claims-paying more than one million dollars. It is important to find an experienced mesothelioma lawyer who understands asbestos-related claims to ensure that you receive the most amount of compensation possible.

Personal Injury Lawsuit

A personal injury lawsuit is a legal claim against a company that is typically filed by the patient of mesothelioma or an asbestos-related disease.

These claims can help provide compensation for various reasons including:

• Medical expenses
• Lost income
• Pain
• Suffering

Filing a personal injury lawsuit can help provide funding for continued health care and take the burden off of family members and loved ones.

Wrongful Death Lawsuit

Wrongful death claims are made by the estate of the victim of asbestos exposure. This is typically the close family of the person.

These claims can cover a range of expenses related to the death of the person exposed including:

• Funeral costs
• Medical costs
• Cancer-related expenses

Filing an asbestos claim after death can be very helpful following the expensive treatment that most likely took place before the death of the loved one and provide much-needed financial relief to the family.

Trust Fund Claim

Trust fund claims are filed either by the patient or by the patient’s family or estate. Trust fund claims occur when the company involved in the claim has set up an asbestos trust fund, oftentimes after filing chapter 11 bankruptcy, to avoid further lawsuits. The trust fund handles claims on behalf of the company.

It is always important to find an experienced attorney to handle trust fund claims in order to ensure that you receive the compensation you deserve.

How to File an Asbestos Claim

When filing an asbestos claim, it is very important to consult an experienced lawyer that has knowledge of how asbestos claims are handled.

This can ensure that you receive the most compensation available for your claim. There are four main steps for filing an asbestos claim.

Step 1: Understanding Eligibility

The first step is to understand if you are eligible to file a claim. An experienced asbestos lawyer can help claimants understand the specifics of each claim. Common requirements include proof of exposure and a diagnosis of an asbestos-related illness.

Step 2: Gather Documentation

The next step is gathering the required documentation to file your claim. Gathering the necessary documents, such as proof of exposure and work records, is important evidence that can be used in court. Generally, proof of asbestos exposure alone is not enough.

Step 3: File A Claim

The lawyer for the claimant will file the claim based on the state the claimant resides in – however, the filing may be influenced by other factors, such as previous places of residence; location of asbestos exposure; and location of the asbestos company. In some cases, claims may be filed in multiple states.

Step 4: Claim Review

The final step is where lawyers can negotiate to ensure that claimants can receive the maximum compensation possible.

What Do You Need to File an Asbestos Claim?

When filing an asbestos claim, it is important to make sure that you have all of the necessary documentation. This evidence can help prove that you deserve compensation for your asbestos exposure.

Evidence can include:

• Medical records and a diagnosis from a qualified physician.
• Work history with a company mentioned in the claim.
• Testimonies to prove that the reason for your disease was the asbestos exposure from the company’s products.
• Financial records of bills related to the disease.

An attorney that specializes in asbestos claims will be able to inform you which forms may be necessary.

How Long Does a Mesothelioma Claim Take?

Each mesothelioma claim can take a different amount of time depending on the specific factors of the claim as well as how it is settled.

When claims are settled outside of court, they tend to be wrapped up much faster than when they need to be presented in court. The timeline for claims can range from a few months to a year or longer.

Remember that there are statutes of limitations in place in each state, which will limit the amount of time you can wait before filing a claim. As states have different rules, this may affect the number of claims you can make across different states.

Regardless of your situation, if you or a loved one is suffering or has suffered with mesothelioma or an asbestos-related illness, an asbestos claim can help provide financial relief and compensation for the pain and stress it has caused. Find a lawyer that can help you receive the payments you deserve.

Written & Legally Reviewed By

Samuel Meirowitz

Attorney and On-Site Legal Advocate

Samuel Meirowitz is a member of the “Top 100 Trial Lawyers.” Mr. Meirowitz was named a “Rising Star” in 2013 & 2014 by Super Lawyers and then a Super Lawyer every year since 2016. In 2013, Mr. Meirowitz obtained what is believed to be the first multi-million-dollar asbestos verdict seen in more than two decades in a New York federal court. In that highly contentious matter, Mr. Meirowitz was able to convince the jury to hold a boiler manufacturer responsible for 60 percent of the $3.8 million awarded, despite the defendant’s attempt to escape all blame by pointing fingers at the plaintiff’s employer and the U.S. Navy (in which the plaintiff admirably served from 1966-70 during the Vietnam conflict). This verdict was upheld by the United States Court of Appeals for the Second Circuit.

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