The vast 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 lawyers at Frost Law Firm, PC can guide you through it step by step. If you’ve been diagnosed with mesothelioma or you’ve 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.
In order to file a successful mesothelioma claim, it’s important to determine what type of claim you need to file, how the process works, what the deadlines are that you’ll be working with, and who is liable for your compensation. Let’s go over the filing process step by step.
Types of Mesothelioma Claims
The circumstances you’re in will determine what type of mesothelioma claim you file. The different types of claims have the potential to result in different types of compensation depending on the damages incurred. In most cases, however, victims are eligible for a variety of economic and noneconomic damages. Economic damages cover calculable expenses, while noneconomic are for those that are categorized as more subjective. Depending on your situation, you’ll file one of the following claims:
- Personal Injury Claims. If you have been diagnosed with mesothelioma and believe negligence played a role, you can file a personal injury claim. With this type of claim, you will seek compensation from the party you believe caused your asbestos exposure. Most personal injury claims are settled outside of court through negotiations, but we won’t hesitate to take your case to trial in the event we’re unable to negotiate full and fair compensation.
- Wrongful Death Claims. If you’ve lost a loved one from mesothelioma, you can file a wrongful death claim on their behalf. With this type of claim, you’ll need to prove that your loved one was exposed to asbestos and that the exposure resulted in their diagnosis and death. In addition to typical forms of compensation, families may also be able to recover monetary awards for funeral and burial expenses and loss of consortium.
- Trust Fund Claims. Some companies that know they are liable for asbestos exposure set up trust funds. They do this to avoid liability to lawsuits, while still being able to provide compensation for those with mesothelioma diagnoses. Our attorney can help you determine if the company responsible for your injuries has a trust fund set up.
No matter what type of claim you end up filing, it’s imperative to work with an experienced legal team. Frost Law Firm, PC will guide you through the claims process, so you receive the means you need to cover your mesothelioma-related losses.
Understanding the Mesothelioma Case Process
When you contact us to file for mesothelioma compensation, we’ll begin by investigating your situation and gathering an array of evidence to support your claim. This includes your medical records proving your diagnosis, your work history that proves you worked for the company you’re filing against, testimony that proves work-related asbestos exposure caused your diagnosis, and financial records showing the financial hardships your illness has caused.
Part of a successful claim involves proving liability. Depending on your situation, mesothelioma compensation can come from several sources. Claims may be paid by liable companies, asbestos trust funds, insurance companies, or the Department of Veteran Affairs.
Once we’ve built up your claim and have all the necessary documents in order, we can file a claim. At this time, both sides will evaluate all the evidence. Depending on the situation, you may be offered a settlement through negotiations. If we believe the compensation being offered is fair, we will guide you through the settlement process. Once you have your compensation your legal affairs will conclude. In the event a settlement is not reached, we will pursue a lawsuit in court to get an official verdict from a judge or jury.
It’s important to note that the litigation process can be lengthy. It’s likely your claim will take months to settle. In the event you go to trial, it could take even longer. Fortunately, your lawyer will be with you every step of the way, providing you with the legal guidance and support you need to pursue the claim fully.
Deadlines for Filing for Mesothelioma Compensation
In most cases, civil claims are subject to a statute of limitations. This is the deadline in which a claim needs to be filed. Statutes of limitations vary by state and by claim type. Your lawyer will know exactly how long you have to file your claim, so you don’t jeopardize your chance for compensation.
In Hawaii, citizens affected by mesothelioma have two years to file a claim. When the time starts is contingent upon the discovery rule. This means that, in most cases, the statute of limitations begins on the day you receive your mesothelioma diagnosis—as it’s assumed you will know the cancer developed because of asbestos exposure. For wrongful death lawsuits, the statute of limitations is two years after the date of death.
In the event you fail to meet the statute of limitations, your case can be thrown out once filed. As a result, you’ll have rendered yourself ineligible for compensation.
The Benefits of Working with Frost Law Firm, PC
If you’ve been diagnosed with mesothelioma or you’ve lost a loved one from the disease, it’s in your best interests to work with a Hawaii mesothelioma lawyer. When you schedule a free case evaluation with Frost Law Firm, PC, we’ll provide you with legal advice that is appropriate for your situation. We recognize that every client has a different story to tell, which is why we personalize our services based on your unique circumstances.
Because mesothelioma cases have the potential to be complex, pursuing a personal injury or wrongful death claim on your own could result in jeopardizing your chances for total compensation. We are familiar with all filing requirements, procedural requirements, and other important aspects of the legal process. We’ll be with you every step of the way and ensure we have the evidence needed to prove your diagnosis resulted from another party’s negligence.
With our experience and access to national resources to build your claim, we’ll fight for your right to compensation to cover all the losses you’ve incurred and will continue to incur because of your mesothelioma diagnosis. If you’re ready to take legal action or you have questions about the process, contact us today for more information.