What are mesothelioma claims and how do I know if I might have a case? Mesothelioma claims are a type of legal claim that allow for patients who have sustained an injury from asbestos exposure. This allows not only patients but also their families to obtain compensation for illnesses related to asbestos exposure. The three main mesothelioma claims are personal injury claims, wrongful death claims and trust fund claims. The most common of the three being personal injury and wrongful death claims. However, many asbestos companies went bankrupt and created mesothelioma trust funds which are often available to provide compensation for victims of mesothelioma. Generally mesothelioma claims result in compensation through a settlement and paid for through an asbestos trust fund or trial verdict.
When the person who was directly affected by the exposure files a mesothelioma claim, it is a personal injury claim. Through this personal injury claim juries can award monetary damages that will cover medical bills, lost income from the exposure and pain and suffering as well. However the vast majority of mesothelioma lawsuits are settled out of court before the claims ever make it to trial. A wrongful death mesothelioma claim is a lawsuit that is filed by the estate of the deceased. This generally is filed by a family member. In these cases juries award compensation for various forms of losses such as funeral costs.
In order to file a mesothelioma claim, you need to find an experienced mesothelioma lawyer to help you through the legal process. This includes gathering information regarding your mesothelioma diagnosis to help you build a case. Generally you will need medical records to prove that you were diagnosed with mesothelioma. In addition you will need to prove that you or a loved one worked for a company that has been named in the claim. It is also important to include financial records showing the financial hardships that you or a loved one have been faced with as a result of a mesothelioma diagnosis. Once you have found an asbestos lawyer, the lawyer will then research your exposure history and gather evidence to build a strong case. The attorney will try and determine which asbestos products you were exposed to. This is essential to determining whether you qualify to file a claim. Once your attorney has confirmed your eligibility, they will then file the claim. The next step is the discovery phase where your attorney will gather any relevant information to support your claim. As mentioned above most mesothelioma cases never make it to trial and are generally settled out of court.
To determine whether you have a mesothelioma case you need to first have a medical diagnosis along with the medical records to prove the diagnosis. Then you will need to see if the company that you worked for is named in the claim. If so, reach out to an experienced personal injury lawyer to find out if you have a strong case.