The majority of mesothelioma patients receive their diagnosis decades after experiencing long-term asbestos exposure. Depending on their occupation, how their employer ran the company, and the regulations in place at the time, some cancer victims have the right to file for mesothelioma compensation.
The filing process is complex, but the Frost Law Firm, PC can guide you through it step by step.
If you’ve been diagnosed with mesothelioma or recently lost a loved one from the disease, we can determine if you or your family is eligible for monetary recovery to handle losses like medical expenses, lost wages, and pain and suffering.
To file a successful mesothelioma claim, you must determine the type of claim to file, understand the process, identify the relevant deadlines, and determine who is liable for your compensation.
Let’s go over the filing process step by step.
What Action Can You Take To Collect Compensation?
Receiving a mesothelioma diagnosis is not just a physical and emotional battle; it is a financial one, too. Treatment costs, lost wages, and other expenses can quickly add up, leaving you feeling overwhelmed. But there are options to help lighten that burden.
Personal Injury Lawsuits
If you want to take legal action, there are two options: personal injury and wrongful death.
A personal injury lawsuit is filed by the person diagnosed with mesothelioma. With that, they seek compensation for:
- Medical expenses
- Lost income
- Pain and suffering
Since mesothelioma is the result of asbestos exposure from decades earlier, filing a mesothelioma lawsuit can be difficult, considering that many companies may be out of business or hard to track down.
Wrongful Death
You can pursue mesothelioma claims after death. If the person diagnosed with mesothelioma has already passed away, their family may file a wrongful death lawsuit. This allows surviving family members to seek compensation for:
- Funeral costs
- Medical expenses incurred before death
- Loss of financial support
- Emotional suffering
Losing a loved one to mesothelioma is difficult. While no amount of compensation can replace them, these claims can help ease the financial strain.
There Are Other Options for Compensation
Legal action is not the only way to seek compensation. Many mesothelioma patients turn to insurance claims, workers’ compensation, and VA benefits for financial relief.
Health insurance, disability insurance, and even life insurance policies may provide coverage for medical bills and lost wages.
Workers’ Comp Claims
Fulfilling a workers’ compensation claim may be an option for employees exposed to asbestos. Workers’ compensation benefits cover medical expenses and a portion of lost wages.
However, these claims often prevent employees from suing their employers directly. That means victims may need to explore third-party lawsuits against the manufacturers of asbestos-containing products.
Military Veteran Benefits
Veterans who were exposed to asbestos during military service may qualify for VA benefits. The U.S. Department of Veterans Affairs recognizes mesothelioma as a service-connected illness. As a result, eligible veterans can receive disability benefits, pensions, and access to specialized medical care.
With the high rates of asbestos exposure in shipyards, naval vessels, and military bases, many veterans affected by mesothelioma turn to the VA for support.
Trust Funds
Asbestos trust funds were established by companies that filed for bankruptcy due to asbestos-related lawsuits and liabilities. These funds are designed to compensate victims of asbestos exposure, including mesothelioma patients.
Each trust has specific criteria and documentation requirements. The amount awarded varies based on the severity of the illness and the trust’s available funds. Trust funds are often faster than traditional lawsuits and can provide vital financial support. A lawyer can help with the mesothelioma claims process.
Who Is Eligible for Mesothelioma Compensation?
Every year, roughly 3,500 new cases of mesothelioma are diagnosed in the United States, according to the American Lung Association. However, eligibility for mesothelioma compensation is not always a given. In most cases, anyone diagnosed with mesothelioma due to asbestos exposure may have a valid claim.
One major requirement is proving a history of asbestos exposure. This could have occurred at work, during military service, or through the use of products at home. The companies responsible for the exposure must also be identified. Some of them may have established trust funds to pay victims of asbestos exposure.
Since mesothelioma has a long latency period, tracing asbestos exposure back to its source can be challenging. This is why many people work with attorneys who specialize in asbestos litigation.
How To Get Mesothelioma Compensation
Filing a mesothelioma compensation claim starts with gathering as much information as possible. First, you need to document your asbestos exposure history. This may involve reviewing past jobs, military service records, or examining old household products that contained asbestos.
If you worked in construction, shipbuilding, automotive repair, or another high-risk industry, identifying the specific companies or products responsible for your exposure will strengthen your claim.
A confirmed diagnosis of mesothelioma is also necessary. Medical records from your doctor, pathology reports, and imaging scans serve as evidence in any claim. Since mesothelioma is almost exclusively caused by asbestos, a diagnosis often provides strong support for your case.
Once the exposure history and medical records are documented, the next step is to determine the best type of claim to file. Some individuals pursue lawsuits, while others seek compensation through trust funds, workers’ compensation, or Veterans Affairs (VA) benefits.
Filing the appropriate paperwork with the correct agencies or courts is crucial, as any mistakes can significantly delay the process. Many patients and families choose to work with an attorney to help them handle these responsibilities on their behalf.
Deadlines for Filing a Mesothelioma Claim
Mesothelioma claims do have legal deadlines. These are known as statutes of limitations. In Hawaii, the statute of limitations for personal injury claims, including those related to mesothelioma, is two years from the date of diagnosis or the discovery of the injury. For wrongful death claims, the statute of limitations is also two years, but it begins from the date of the person’s death.
Keep in mind that other types of claims also have deadlines. Workers’ compensation claims often need to be filed within one to three years of diagnosis, while VA benefits do not have a strict deadline.
Since missing a mesothelioma claim’s time limit can result in you losing the right to compensation, you will want to take action as soon as possible.
Can You File on Behalf of Someone Else?
If a mesothelioma patient is too ill to handle the legal process, or if they have passed away, a family member or legal representative can file on their behalf. Often, spouses, children, and estate executors assume this role.
In some cases, the power of attorney holder may handle the mesothelioma compensation claim if the patient is still alive but unable to participate.
Filing on behalf of someone else requires additional legal documentation. You may need to show probate records and a death certificate in wrongful death cases. Working with legal professionals specializing in mesothelioma cases can ensure all paperwork is properly filed.
How Long Will a Claim Take?
The length of time it takes to resolve a mesothelioma claim depends on the type of claim and whether a settlement is reached.
- Asbestos trust fund claims can be processed in as little as three to six months, while workers’ compensation claims take six to twelve months.
- VA benefits claims may take several months for an initial decision, though appeals can extend the timeline.
- Lawsuits can take longer, especially if they go to trial. Some cases settle within months, while others may take a year or more to resolve.
Since mesothelioma patients often need financial assistance quickly, your attorneys may push for an expedited settlement.
Why You Need a Lawyer for a Mesothelioma Claim
Mesothelioma compensation is about getting the financial support you need during one of the hardest times in your life. The legal process can be difficult, especially when you are dealing with medical treatments, lost income, and the emotional toll of a diagnosis.
A mesothelioma lawyer takes that burden off your shoulders and fights to get compensation for mesothelioma.
Proving asbestos exposure is not easy. It may have happened decades ago. Tracking down the companies responsible can be a challenge. An experienced attorney knows how to uncover exposure history, access asbestos trust funds, and determine whether a lawsuit or claim is your best option.
Even when those companies have gone bankrupt, their trust funds still provide compensation if you file correctly. A good lawyer will handle the entire process. They work to:
- Negotiate settlements
- File claims or trust fund paperwork
- Meet deadlines
In turn, you can focus on your health and family. Having the right legal help can make all the difference when you need to know how to file a mesothelioma claim.
Get the Help You Need for Your Mesothelioma Claim
Filing for mesothelioma compensation can seem like an insurmountable hurdle. Whether through lawsuits, trust fund claims, insurance, or VA benefits, compensation can help cover the expenses and damages you have suffered through exposure.
At Frost Law Firm, PC, we’re here to help.
Reach out to find out how our lawyer can assist you and your loved one throughout the compensation process.
