Mesothelioma is a deadly type of cancer that arises in the respiratory tract due to infection via asbestos fibers. As per the law, anyone that has been exposed to Asbestos (long term) and has acquired an Asbestos induced condition can file a legal claim against the liable manufacturer or employer. There are three types of claims you can file for mesothelioma. It includes a “personal injury claim” and “trust fund claim” – for someone personally inflicted by the disease, and the last type is known as a “wrongful death claim.” It is for anyone whose loved ones died because of mesothelioma.
What is the difference between each claim?
There is a significant difference between each kind of claim. However, the final output is the same. If you win a Mesothelioma case, you’re entitled to financial compensation, which should help you cover your medical expenses. A successful and well-experienced law firm like Sokolove Law can help you identify the kind of claim. Since it can be stressful to manage legal processions while fighting disease, you must contact a trustable law firm to ease the procedure.
Personal Injury Claims
As per statistics, a personal injury claim and wrongful death claim are the most common filed lawsuits. A personal injury claim is a mesothelioma claim where a person sues for their “loss” in quality of life. Since the disease acts as a deterrent towards normal life processes, a patient can file for the lost wages, medical costs, and the pain suffering caused by the disease. Sometimes, the jury can also punish the legal corporation by enforcing punitive damage costs. The defendant has to pay extra money if the compensatory expenses are regarded as insufficient.
Wrongful Death Claims
It is a kind of claim that family members tend to file. It relies on the prospect of an employer/company owner being negligent and being the cause of death of its workers. In instances like these, the filer must establish the defendant’s carelessness and that the defendant had some responsibility to the victim’s care (that they violated). The amount of compensation settled is based on total medical charges and costs for the funeral procession.
Trust Fund Claims
Trust funds are substantial sums of money put aside by established firms and employers to deal with the possibility of a legal lawsuit. Trust funds get created to safeguard businesses from liabilities. However, they continue to give compensation when it is most certainly due. Its amount might get determined depending on the duration of exposure and the damages caused by it. This kind of claim is the most difficult to prove; hence you must work with experienced attorneys to determine the right way to move forward.
How much compensation can I receive?
On average, a mesothelioma compensation can equate to anywhere between $1million to $2.4million. However, the exact amount differs per case. The value can be set by either proposing a settlement between the two parties or leaving the jury to decide. Depending on the type of case, the patient or their loved one receives the compensation. As for the duration, the trial verdict takes anywhere from several months to a year. However, the compensation can be awarded in weeks or months.
Which Claim Is The Best?
Trust fund claims are the fastest to be processed since they don’t require intervention from the court. Upon filing a claim, the company’s trust fund takes the case and identifies if you are eligible for the amount. The company does so by protecting its parent company from bankruptcy while effectively compensating for victims. The severity of the case can determine the amount you receive. Therefore, people with mesothelioma obtain a higher amount. Then, say, people with asbestosis.
How to file a Mesothelioma Case?
Identify your case: With the help of a specialized lawyer, determine aspects like the longevity of exposure, location, and source of asbestos exposure. You will need to bring on your medical documents, work contracts, and evidence of financial losses caused by the illness.
Building the Case: After the attorney has identified the case, they will ask you for the other documents/contracts to build the case. While this accounts for a few trips to your lawyer’s office, it is essential to strengthen the claim. The attorney will do several testimonies, signatures, and written work too.
Filing a Claim and Procession: Following the strengthening of the claim, the attorney will file it with the trust fund or employer liable for the victim’s suffering. A time frame is established for the two legal parties to evaluate the matter. If a genuine case meets the standards, it will be accepted; if it is not accepted, additional time is given to perform the evaluation.
Receiving the compensation: A process called liquidation will be carried forward, which will confirm the value of your claim. If the defendant is found guilty, the victim will be awarded the sum.
Final Thoughts
You must carry out prior research before filing a case to be knowledgeable enough to make informative decisions. An experienced attorney can help you do that smoothly. They will walk you through the process, strengthen your claim and do all it takes to ease the suffering that the disease has brought towards you and your family. While legal trials can be infuriating and demanding of time, they are the only way you can avail justice.
