Who can file Mesothelioma Claims?

I receive a lot of questions from people asking who is eligible to file Mesothelioma claims. Of course, not everyone can file a claim; only those qualified can. However, how do you know who can file mesothelioma claims? I will answer all your questions in this article.


Mesothelioma, as it is usually called, is a general term for diseases and illnesses related to asbestos exposure; These kinds of illnesses are pretty common in the United States, and the government has created a program to help those affected by it.


The program features a stimulus package to assist the patients and families affected by Mesothelioma. However, before accessing this package, one has to file a Mesothelioma claim. The Mesothelioma claim, also known as an asbestos claim, is a type of legal action that will ensure patients/families affected by asbestos-related illness receive compensation for it.


There are different types of Mesothelioma claims depending on the nature of the cases. It could be personal injury claims, wrongful death claims, and trust fund claims. In the following subsection, I will elaborate on the types of Mesothelioma claims and who is eligible to apply.


Types Of Mesothelioma Claims

who can file mesothelioma claim

Before you know if you can file a Mesothelioma claim, you need to understand the types and instances where they are applied. From the three types of mesothelioma claims that I previously mentioned, the most common types are personal injury claims and wrongful death claims.


The least common is the trust fund claims; bankrupt asbestos companies provide them. These are the three known types of mesothelioma claims. I will go deeper into each later in this article.


When a patient is diagnosed with Mesothelioma, they can file a mesothelioma claim to obtain compensation for their injuries. The families of these patients can also file the claims on their behalf. When a claim is filed, there is usually a settlement in the form of a payment by an asbestos trust fund or a trial verdict.


Payouts from Mesothelioma claims differ concerning the type of claim that has been filed. However, some of these claims are worth over a million dollars. Before you file a Mesothelioma claim, I will advise you to hire an experienced mesothelioma lawyer.


These lawyers are conversant with the best ways to pursue a claim on behalf of your family. They will also help you find the identities of the various asbestos manufacturers and the companies responsible for the illness. These are tasks that you can not pull off alone. Let’s have a look at the types of mesothelioma claims.


Personal Injury Lawsuits


When a patient is diagnosed with mesothelioma and files a lawsuit, it will take the form of a personal injury lawsuit; this is to show that you or your family have been physically affected by asbestos-related diseases. In most cases, personal injury lawsuits receive monetary damages.


The damages will cover significant losses like pain, suffering, medical expenses, lost source of income, loss of consortium, etc. However, in some cases, these claims are awarded punitive damages; these are also monetary damages to prevent future wrongdoing. Many times, these lawsuits are even settled out of court before there is any trial.


Wrongful Death Claims


In most cases, patients who end up with mesothelioma do not survive. If these patients die, it is essential to file a wrongful death claim. The family members of the deceased can file these claims. In cases of wrongful death claims, juries usually award compensation for various losses, including funeral costs and other expenses.


Trust Fund Claims


Usually, many asbestos companies are required to set up an asbestos trust fund list. These companies must do this to compensate people harmed by exposure to asbestos while also avoiding further lawsuits. However, you might not be able to know if the company responsible for your illness has set up a trust fund already.


If you hire the services of a reputable law firm, they will help you find out if the company has a trust fund in place to take care of you. If the company does not have a trust fund for affected people, the law firm will guide you through how to file a mesothelioma claim.


Who Is Eligible To File A Mesothelioma Claim and Why Should You File?

mesothelioma laywers new york
mesothelioma laywers new york

As I mentioned earlier, not everyone can file a mesothelioma claim. You must have a valid reason to file and receive compensation. Of course, most patients file personal injury claims solely to receive monetary compensation. In most cases, compensation earned is used to make up for lost wages and also cover cancer treatments.


If you lose a loved one to mesothelioma, you can also file wrongful death claims to cover funeral costs, pay medical bills and receive financial support. Sometimes, those who die of mesothelioma are the breadwinners of their families, and the only way to get the family going is to get them compensated.


Remember I said that most patients do not survive these asbestos-related illnesses; this is mainly due to its aggressive nature. It requires expensive cancer treatments, caregiving, and traveling costs. These costs are not usually covered by health insurance and are so bulky.


If mesothelioma is diagnosed very early, it can be treated to prevent it from developing into cancer. The mesothelioma claims will help you hold the companies responsible accountable. Mesothelioma cases are often traced back to asbestos exposure caused by corporate negligence.


In fact, the United States recorded the highest number of mesothelioma lawsuits in 2020, when Americans who had gotten sick from asbestos exposure already filed over 3,600 cases. Your right is to get compensation for mesothelioma, so you should know when to file a lawsuit.


If you or anyone close to you gets diagnosed with mesothelioma or any other cancer cases related to asbestos exposure, you are eligible to receive compensation for it. Even if it is a family member that is diagnosed, if you can prove that you are related, then you are eligible to file a claim. 


To get started with your filing, you should visit a qualified and experienced mesothelioma attorney. They usually provide free consultations and case reviews for mesothelioma, so you have no reason not to visit if you are eligible for compensation.



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