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How Do I Know What Type of Mesothelioma Claim to File?

Published on Sep 24, 2020 at 2:58 pm in Legal Advice.

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If you’ve been diagnosed with mesothelioma, you may have grounds to take legal action. What your options are depend on how you were exposed to asbestos. In order to make the best decision for your future and the future of your family, you’ll want to speak with a Hawaii mesothelioma lawyer from Frost Law Firm, PC.

When you reach out to us with legal questions pertaining to mesothelioma and asbestos exposure, we’ll evaluate your situation and help you determine what type of mesothelioma claim to file. Before filing, however, you’ll want to understand what your rights are as a victim of asbestos exposure.

Legal Rights as an Asbestos Victim

Asbestos exposure is the leading cause of mesothelioma. While this form of cancer is rare, thousands are still affected by it every year. The majority of asbestos victims were exposed at work. Some of the heaviest use of asbestos prior to the 1980s happened at military, shipping, and construction sites. Because of the nature of mesothelioma, a person may not be diagnosed with the disease until decades after they were exposed to asbestos.

Treatment costs are high for mesothelioma, which is why it’s important for patients to understand their legal rights. If you’ve been exposed to asbestos you may be able to retain the services of a mesothelioma attorney, file a claim against the company or entity that exposed you to asbestos, and seek compensation for any expenses and losses associated with your exposure and your illness. Compensation typically covers economic and noneconomic damages like medical bills, lost wages, pain and suffering, and more.

Choosing the Right Mesothelioma Claim to File

It’s important to work with an attorney who can help you decide which claim you need to file, as there are different ones to choose from. Let’s take a look at the different types, so you have a better idea of which might apply to your situation.

Legal Claims

Legal claims are most often filed against asbestos manufacturing companies responsible for exposing workers to asbestos. In some instances, it’s possible a person’s employer could be responsible for the asbestos exposure. Mesothelioma claims are broken down into two separate types:

  • Asbestos Trust Fund Claim. As laws began preventing the use of asbestos, asbestos manufacturers started filing for bankruptcy to avoid future lawsuits. The bankruptcy courts required the companies to create asbestos trust funds. The money was set aside for future victims if they file a claim against the accounts.
  • Mesothelioma Lawsuits. In the event the manufacturing company is still in business, the victim can file a lawsuit against them. It’s important to work with a lawyer, so they can investigate your exposure history, determine potential defendants, and ensure your claim is filed in a timely manner. It’s possible the claim could reach a settlement, which means the case would not need to be taken to trial.

Social Security Disability Claims

In the event you’ve been diagnosed with mesothelioma prior to reaching the normal retirement age, but you are no longer able to work as a result of your diagnosis, you may be able to file a Social Security disability claim.

Compensation can be expedited through the Social Security Administration’s Compassionate Allowance Program. The program fast-tracks claims for certain life-threatening illnesses. Both pleural and peritoneal mesothelioma qualify, which means a patient could have their claim processed and approved in as little as 30 days.

Veterans Affairs (VA) Claims

Veterans, especially those who served in the Navy, were at risk of asbestos exposure in the early and mid-1900s. In the event you have a service-related cancer diagnosis, you may be eligible for VA disability compensation. The amount of compensation is determined by the number of dependents being paid, whether the veteran requires assistance with daily tasks, and whether the veteran is housebound or in a nursing home.

In the event you are a veteran but contracted mesothelioma primarily because of outside asbestos exposure, you may be eligible for a VA pension.

Seek Legal Representation From Frost Law Firm, PC

The attorneys at Frost Law Firm, PC understand the challenges that come with a serious cancer diagnosis. Not only do you have to start planning for your family’s future and focusing on treatments that come with their own challenges, but you may also be struggling financially.

No matter how you were exposed to asbestos, if you’ve been diagnosed with mesothelioma you deserve justice. Whether you were exposed at work, served in the military when asbestos was heavily used, or experienced second-hand exposure from a loved one, it’s important to understand your right to filing a claim.

When you pursue a mesothelioma claim, regardless of the type, you’ll be on the path to receive the money you need to support yourself and your family during this trying time. To learn more about filing a claim or to get started with yours today, schedule a case evaluation with our lawyers. We’ll review your situation, explain your rights and options, and help you decide how best to proceed to protect your future.

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