How to File a Mesothelioma Claim?
Have you received a mesothelioma diagnosis, likely caused by exposure to asbestos? Then, you could be eligible to receive financial compensation through a mesothelioma claim paid by the manufacturers of asbestos-containing products.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for injured victims needing to pursue a claim to recover damages for developing mesothelioma. We ensure our clients can pay the high cost of mesothelioma treatments by holding those responsible for causing cancer accountable.
Why Patients File Mesothelioma Claims
Obtaining compensation through mesothelioma claims can help victims cover the high medical expenses in treating mesothelioma cancer. In addition, the compensation obtained through a successful suit offers family members financial support in the years ahead.
Filing mesothelioma claims is the surest way to hold the companies in the asbestos industry accountable for the harm they cause and ensuring that the family receives the financial compensation they deserve. Many of these claims are paid through an asbestos trust fund, a manufacturer, or an employer, depending on how the victim developed mesothelioma.
Tens of thousands of mesothelioma victims have secured compensation through out-of-court settlements and jury awards. Most asbestos claims are filed by individuals suffering from malignant mesothelioma after prolonged asbestos exposure in their workplace.
In addition, surviving family members file wrongful death lawsuits when their loved one has died from mesothelioma caused by the negligence of others.
Mesothelioma: A Dreadful Disease Caused by a Generation of Industry
As aggressive cancer, mesothelioma is a dreadful disease that causes significant damage to the pleural mesothelium (lining inside the lungs) or peritoneal mesothelium (abdomen). Nearly every case is caused by prolonged exposure to asbestos, a carcinogenic mineral fiber naturally occurring in soil and rocks.
For decades, doctors, attorneys, and the federal government have known about the harmful effects of asbestos exposure on human health. In many cases, asbestos companies have long known that asbestos exposure has led to asbestos-related illnesses.
In recent years, many high-profile cases have been publicized, creating a pathway for other victims to seek the compensation they deserve for their injury caused by the negligence of others. In addition, many of these cases have been resolved in mesothelioma settlements to provide compensation to cover medical expenses, lost wages, future lost earnings, funeral costs, pain, and suffering.
Most common cases involving an asbestos-related illness have occurred in the workplace. Many employees who acquired mesothelioma have a long asbestos exposure history working in an occupation that uses the toxic fibers to create products or worked in buildings lined with asbestos for fire protection.
Because asbestos exposure is usually preventable, nearly every case of asbestos cancer and disease creates legitimate grounds to file a mesothelioma lawsuit to hold asbestos product manufacturers accountable for negligence.
Occupations Commonly Putting Workers at Risk for Asbestos Exposure
The highest rate of asbestos-related disease (ARD) occurs in workers who handle asbestos products.
Most involve employees in specific industries that include:
- Petroleum refineries
- Shipyards involving shipbuilding or repair
- Chemical industries
- Electric power and light
- Vessel operators and seamen
- The construction industry
In addition to the above industries, other occupations have a high rate of ARDs caused by exposure to asbestos. These occupations include electricians, mechanical engineers, steamfitters, pipefitters, plumbers, and teachers who have worked in an aging school facility.
Using Mesothelioma Claims to Pursue Compensation
Our mesothelioma lawyers specialize in victim injuries to ensure they receive the financial compensation they deserve from the companies responsible for the asbestos exposure. We help our clients file a mesothelioma claim for monetary recovery paid by the company or an asbestos trust fund.
The compensation you can receive through personal injury claims include:
- All expenses associated with hiring caretakers or at home help
- Emotional therapy and psychological counseling
- Physical therapies and surgical rehabilitation
- Financial security due to lost wages
- Daily living expenses
- Prescription medications
- Alternative therapies
- Past, current, and future medical bills
- Future lost earnings due to an inability to work
Working with an experienced mesothelioma lawyer to resolve your asbestos litigation case can ensure you receive justice and hold those responsible financially accountable. Call our law office today at (888) 424-5757 to speak with a mesothelioma attorney about making a legal claim.
Who Is Eligible to File a Claim?
Has the doctor diagnosed you with mesothelioma or some other asbestos-related disease? If so, you may be eligible to file a mesothelioma claim to ensure you and your family receive the financial compensation you will need.
Resolving mesothelioma claims can be challenging due to the confusing claim filing process. Consider hiring an attorney specializing in personal injury mesothelioma claims who understands the legal process to ensure the most successful outcome.
Additionally, if the asbestos exposure occurred in your workplace, you are likely entitled to receive workers' compensation benefits through the Worker's Comp program.
Additionally, if the exposure happened while on the job, you could file a civil lawsuit against your employer seeking additional compensation above your Worker's Comp. benefits if the company acted negligently, leading to your asbestos-related injuries.
Did you lose a loved one who developed mesothelioma after asbestos exposure? Do you need to file a wrongful death claim to ensure your family receives the compensation you need to move forward?
Mesothelioma compensation is likely available to family members who lost a loved one from asbestos exposure or might be too sick to file a claim without help. In addition, an adult immediate family member might be eligible to file a wrongful death lawsuit on their loved one's behalf if they receive legal authority to do so or have been appointed by a judge.
The Decedent's Estate
When a loved one dies, they leave behind an estate, usually a group of assets with value and power. The estate has the power to file a legal asbestos claim to protect the assets once a patient dies.
Mesothelioma patients can initiate legal action before they pass on that will continue through an estate representative once they die to ensure that the value of the estate left for the heirs is maximized.
The Burden of Legal Proof Necessary to Win Illinois Mesothelioma Claims
Receiving financial compensation through a claim or lawsuit is not automatic. It requires proving how asbestos exposure caused injuries or damage. In addition, the victim must show a direct correlation between exposure to materials or products and asbestos-related injuries, including mesothelioma and other cancers.
The burden of proof may be onerous because many decades have likely passed since the victim was exposed until the medical condition was diagnosed. Therefore, as a part of the claim, the victim will need to provide details of working conditions and employment history.
To protect the victim's rights and gain the advantage in securing compensation often requires hiring a skilled attorney to handle the case.
How to File a Mesothelioma Claim
All mesothelioma claims are unique, based on the specific circumstances that led to the patient's illness. Additionally, various types of mesothelioma claims are available, including filing a personal injury or wrongful death claim.
After being diagnosed with mesothelioma, all cancer patients still alive can file a personal injury lawsuit against any company or employer whose negligence led to the asbestos exposure. If the patient has died, qualified members of their family or the estate legal representative can file a wrongful death case on behalf of the decedent, seeking justice and compensation.
To successfully file a mesothelioma claim, consider following the essential steps below, including:
Contact Rosenfeld Injury Lawyers, LLC
Discussing your case with mesothelioma lawyers committed to fighting aggressively on behalf of patients and their families debilitated by mesothelioma is the first step in resolving a claim.
Our legal team has a comprehensive understanding of civil tort law, asbestos trust funds, and how to represent your mesothelioma case in your state to ensure your compensation is maximized. Contact us today at (888) 424-5757 for a free case evaluation and speak with a patient advocate.
Gather Reports, Materials, and Documents
Before we file a claim or mesothelioma lawsuit, our law firm will meet during a free case evaluation to discuss the elements of your asbestos exposure history. Unfortunately, nearly all mesothelioma patients were exposed to asbestos for decades before their initial cancer diagnosis, which often makes the task of finding evidence that supports their mesothelioma claims challenging.
However, Rosenfeld Injury Lawyers, LLC has the resources necessary to locate specific documents, medical records, employment records, and other materials to support your testimony. In addition, your mesothelioma attorney will review the database of all known products and materials containing asbestos.
In some cases, a mesothelioma attorney has represented multiple employees working at the same workplace who have all developed mesothelioma or another asbestos-related disease.
File a Claim Using a Mesothelioma Lawyer
After our legal team has collected all required documentation, your experienced attorney will send the defendants a demand letter asking for voluntary payment to resolve the case. Unfortunately, more often than not, the defendant refuses to voluntarily settle a mesothelioma claim, requiring our law firm to file a lawsuit in the appropriate court.
The length of time you will have to file a mesothelioma claim differs based on the state where you live or work, based on that state's statute of limitations. Your experienced attorney can determine the time restriction to ensure that your asbestos claim is submitted promptly.
Deal Directly With the Insurance Company or Defendant's Attorneys
More likely than not, the defendants you filed the mesothelioma claim against will deny the claim through a written reply. At that point, you, along with your mesothelioma lawyer, will enter the discovery phase, where both sides can exchange information, facts, and evidence that support their side of the asbestos claim.
In many cases, the defendants will attempt to deny all responsibility and hire attorneys to undermine your integrity. But no worry, your mesothelioma lawyer can tie your asbestos exposure disease to the defendant's negligent actions, proving that they are liable.
At Rosenfeld Injury Lawyers, LLC, our mesothelioma injury attorneys have seen many of the tactics liability insurance companies and defendants' attorneys have used before. Our legal team has proven strategies to ensure that those responsible are left with no other option than to make a good faith offer to settle the case.
However, if the defendant pushes back and refuses to settle, we are ready to take the mesothelioma claim to court. Contact us now to discuss who can file a mesothelioma claim.
Accept the Defendant's Mesothelioma Settlement Offer or Continue Negotiating
Nearly all mesothelioma claims are settled outside of court after the discovery phase is complete and the judge has set a trial date. Usually, the defendant fears that taking the case to trial will produce unexpected results due to the unpredictability of the jury's verdict, leading to their willingness to settle the mesothelioma claim.
Through our experience, we know that the defendants' attorneys are well aware that they will have to reach a negotiated agreement before the mesothelioma case is turned over to the jury to decide. However, that does not mean that the other side will not refuse to settle or make an offer significantly lower than the asbestos claim's worth, although that is rare.
Our asbestos litigation team ensures that all injury claims are resolved for the maximum outcome to ensure that our clients receive sufficient mesothelioma compensation to pay for all damages.
Wrongful Death and Mesothelioma Claim Amounts
Have you received a mesothelioma diagnosis? Have you lost a loved one through preventable death caused by asbestos exposure? Do you need to file a claim through an asbestos attorney to receive compensation?
The injured parties are likely eligible to file personal injury and wrongful death claims seeking monetary compensation paid by asbestos companies or asbestos trust funds set up to provide monetary recovery to victims filing asbestos claims.
Typically, most types of mesothelioma claims are resolved out of court through negotiated settlements. A typical mesothelioma claim is likely settled for between $1 million and $1.4 million or more.
However, the amount of compensation provided to the victims through various mesothelioma compensation options will vary between cases based on the mesothelioma patients' unique circumstances.
In recent years, asbestos companies facing all types of mesothelioma claims have made approximately $30 billion available in asbestos trust funds and court-ordered asbestos bankruptcy trusts to resolve personal injury and wrongful death claims.
In many cases, injured victims and surviving family members can be compensated through mesothelioma claims and its extensive mesothelioma claims process. The mesothelioma compensation is available as a jury verdict, a negotiated settlement, a VA claim, an asbestos trust fund award, or voluntary payment.
How Much Are Mesothelioma Claims and Wrongful Death Claims Worth
The unique circumstances of every case and the different types of mesothelioma claims available for compensation make it challenging to determine the value of any claim. However, your experienced attorney specializing in personal injury claims will use various factors to calculate your case's value.
Some contributing factors influencing how much your asbestos claim might be worth include:
- The severity of your injuries due to asbestos exposure
- The length of time you've been suffering from your asbestos-related illness
- The amount of your current lost wages due to your inability to work
- The value of your future lost earnings due to your permanent disability, or shortened life spanned
- Evidence and proof of how the company's negligence led to your exposure to asbestos
- The number of defendants, including all additional third parties resolving asbestos trust fund claims
- Your past medical bills
- Your ongoing medical expenses, including mesothelioma treatments and medications
- The state where you filed the claim
- Reimbursement of funeral and burial expenses when applicable
- Mental grief & emotional anxiety
- Psychological trauma, depression, pain, and suffering
Billions of dollars have already been made available to mesothelioma victims and their surviving family members who filed mesothelioma insurance claims.
Primary Types of Mesothelioma Claims
Nearly all mesothelioma victims have a legal claim on filing for compensation. However, the extent of damages varies greatly, as do the mesothelioma patients' options for filing a mesothelioma claim.
Personal Injury Claims
Many complainants filed mesothelioma cases based on the negligence of others after being victimized through exposure to asbestos-containing products or materials. Many of these asbestos claims hold manufacturers of asbestos-containing products accountable for their negligence in manufacturing and selling products known to cause debilitating cancer.
In these cases, the complainant holds the manufacturers of asbestos-containing products accountable for paying damages, including:
Upon professional medical advice, the victim is likely undergoing chemotherapy and radiation therapies, tumor-removing surgeries, and other expenses of cancer treatments.
The debilitating disease symptoms and the side effects of mesothelioma treatments usually force the victim to miss work to the point where they must stop working altogether. Many patients file mesothelioma claims to be reimbursed for the wages they lost while sick or receiving treatment.
Our law firm files asbestos claims on behalf of our clients seeking travel expenses paid by the defendant to reimburse the mesothelioma patient traveling to receive medical care, visit a treatment specialist, or participate in clinical trials.
Loss of Consortium
Mesothelioma family members, especially the victim's spouse suffering from asbestos-related diseases, can seek mesothelioma compensation for losing many familial and marital benefits. Loss of consortium awards are often challenging to quantify but usually involve significantly higher compensation than those when loved ones of a mesothelioma patient file a claim.
From the moment the patient is diagnosed with mesothelioma, they are often overwhelmed with internal anxiety and depression, pain, and suffering, knowing that their condition could have been prevented. Typically, most mesothelioma lawsuits seek non-economic damages to pay for the overwhelming sense of loss that affects the victim and the family's welfare.
Our asbestos attorneys will sometimes file an asbestos claim seeking punitive damages paid by the defendant, asbestos trust fund, or bankruptcy asbestos companies. Punitive damages are paid to punish the wrongdoer through a heavy financial fine, sending a message to anyone else that would violate the law, harming and killing others.
To better understand the legal claims process and how to file an asbestos trust fund claim to receive compensation, contact our law office today at (888) 424-5757.
A Free Case Review With a Winning Team of Mesothelioma Attorneys
Victims diagnosed with asbestos-related diseases (ARDs), including mesothelioma and asbestosis, have numerous legal options to seek compensation and hold parties at fault accountable for their negligence.
Rosenfeld Injury Lawyers LLC offers a free mesothelioma case review to evaluate the claim for financial compensation and determine the value of the case. The statute of limitations on mesothelioma claims restricts the amount of time injured victims can file mesothelioma claims to pursue compensation.
If you, or a loved one, have been diagnosed with mesothelioma, asbestosis, asbestos-related lung cancer, or other ARD, it is imperative to speak with our attorneys. Filing a claim is time-sensitive, where documents must be filed within a specific time frame.
Our lawyers can assist you in the legal pursuit of any possible claim and handle every aspect of your case through the complex process, including filing a suit, the discovery phase, negotiating a settlement, or taking the case to trial.
Hiring Experienced and Compassionate Lawyers to Resolve Your Mesothelioma Personal Injury Claim
Rosenfeld Injury Lawyers LLC can file two specific kinds of mesothelioma lawsuits – personal injury lawsuits and wrongful death lawsuits.
In addition, our attorneys can seek compensation for victims harmed through primary asbestos exposure (direct contact) and secondary asbestos exposure (contact with someone with direct asbestos exposure).
Wrongful death mesothelioma lawsuits can be filed by surviving family members of victims who died from asbestos exposure. Because of strict regulations surrounding the toxic substance, most asbestos manufacturers have since filed bankruptcy.
However, many of these asbestos manufacturers have been ordered by bankruptcy courts to create trust funds or lawsuit funds to pay claims to victims suffering mesothelioma caused by asbestos exposure.
Call our law office at (888) 424-5757 to schedule your initial, free consultation with our attorneys. Our law firm accepts all personal injury cases and wrongful death lawsuits through contingency fee agreements, meaning no payments are required until resolving your case through a negotiated settlement or jury verdict.
Many patients have already resolved their million-dollar lawsuits after filing a mesothelioma claim. Contact us today at (888) 424-5757 to discuss the statute of limitations on mesothelioma claims and compensation for your damages.