Mesothelioma is a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart. It is primarily caused by exposure to asbestos, a naturally occurring mineral that was widely used in various industries for its fire-resistant properties. Unfortunately, the dangers of asbestos were not fully understood for many years, leading to countless cases of mesothelioma.
If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, it’s crucial to understand your legal options for compensation and the benefits available.
Legal Options
There are three main legal options for mesothelioma compensation:
- Personal Injury Lawsuits
If you’ve been diagnosed with mesothelioma, you may have grounds to file a personal injury lawsuit against the parties responsible for your asbestos exposure. These parties can include asbestos manufacturers, employers, or property owners who failed to take adequate precautions to protect you from asbestos exposure.
In a personal injury lawsuit, you can seek compensation for:
- Medical Expenses: This includes the costs of diagnosis, treatment, and ongoing care related to mesothelioma.
- Lost Wages: If your illness has prevented you from working, you can seek compensation for the income you’ve lost.
- Pain and Suffering: You may be entitled to damages for the physical and emotional suffering caused by mesothelioma.
- Punitive Damages: In cases of extreme negligence, the court may award punitive damages to punish the responsible parties.
- Wrongful Death Lawsuits
Tragically, many mesothelioma patients do not survive this aggressive cancer. In such cases, surviving family members may file a wrongful death lawsuit against the parties responsible for the asbestos exposure that led to their loved one’s death. Wrongful death claims can help cover:
- Funeral Expenses: These costs can be substantial, and a lawsuit can alleviate the financial burden on the family.
- Loss of Financial Support: If the deceased was a primary breadwinner, the family can seek compensation for the income that has been lost.
- Loss of Companionship: Family members may be entitled to damages for the emotional pain and suffering caused by the loss of their loved one.
- Asbestos Trust Funds
In many cases, asbestos manufacturers and companies responsible for asbestos exposure have filed for bankruptcy due to the overwhelming number of asbestos-related lawsuits. To ensure that mesothelioma victims still receive compensation, these companies were required to set up asbestos trust funds. If you were exposed to asbestos through a bankrupt company, you can file a claim with their trust fund.
Benefits of seeking compensation through asbestos trust funds include:
- Faster Resolution: Trust funds expedite the claims process to provide victims with compensation more quickly than traditional lawsuits.
- Continued Compensation: Even if the responsible company is bankrupt, you can still receive compensation.
- No Adverse Impact on Social Security Benefits: Filing a claim with a trust fund typically does not affect your eligibility for Social Security benefits.
Additional Information
Here are some additional things to keep in mind about mesothelioma legal options:
- Statutes of limitations: There are time limits for filing mesothelioma lawsuits and trust fund claims. These deadlines vary from state to state, so it’s important to consult with an attorney as soon as possible after your diagnosis.
- Evidence: Proving that you were exposed to asbestos and that it caused your mesothelioma can be challenging. However, an experienced mesothelioma attorney can help you gather the necessary evidence to build a strong case.
- Costs: Filing a mesothelioma lawsuit or trust fund claim can be expensive. However, many mesothelioma attorneys work on a contingency fee basis, which means they only get paid if you win your case.
If you or a loved one has been diagnosed with mesothelioma, please don’t hesitate to contact an experienced mesothelioma attorney to discuss your legal options.
Conclusion
Mesothelioma is a devastating disease that can have a profound impact on victims and their families. Seeking compensation through legal avenues is a crucial step in securing financial support for medical expenses, lost wages, and other damages.
Whether you pursue a personal injury lawsuit, a wrongful death lawsuit, or file a claim with an asbestos trust fund, it’s essential to consult with an experienced mesothelioma attorney who can guide you through the process and help you receive the compensation you deserve. Remember that each case is unique, so it’s crucial to seek legal advice tailored to your specific circumstances.
