If you or a loved one has been diagnosed with mesothelioma, you may have several legal options available to you. These include filing a claim with an asbestos trust, filing a formal lawsuit in court, or filing a claim for workers’ compensation or veterans’ benefits. The purpose of filing these claims is to recover compensation to help offset the costs associated with a mesothelioma diagnosis. If the company responsible for your asbestos exposure has not dissolved or gone bankrupt, your attorney may suggest that you file a lawsuit. Through a lawsuit, you may be able to recover compensation for medical bills, funeral expenses, pain and suffering, and even punitive damages, which are an additional monetary award granted as a punishment to the asbestos company.
Although the mesothelioma claims process can be complicated, working with an attorney who has experience representing asbestos victims can simplify the process for you and your family. An attorney can explain in detail how the mesothelioma claims process works and answer any questions you may have. For more information complete our free case review form.
If one or more of the companies responsible for your asbestos exposure has not established a trust fund, your attorney may file a lawsuit. As part of the mesothelioma lawsuit process, your attorney may take the following steps:
Yes. These lawsuits are typically filed by the spouse, child, or other relative of a person who has died from mesothelioma. Through a wrongful death lawsuit, the survivors of a mesothelioma victim may be able to obtain compensation for:
Yes. This time limit (referred to as the “statute of limitations”) varies from state to state. In general, the statute of limitations begins to run when an individual receives a diagnosis of mesothelioma. For a wrongful death lawsuit, the statute of limitations begins to run at the date of death.
In most states, the statute of limitations for a mesothelioma lawsuit is two or three years from when the individual receives a mesothelioma diagnosis, but some states have shorter statute of limitations. For example, in California, the statute of limitations is only one year from the time a person has been diagnosed with mesothelioma.
If you or a loved one has been diagnosed with mesothelioma, it is important that you speak with an experienced asbestos attorney as soon as possible so that you are not time-barred from filing a lawsuit. Complete our free case review form today to get in touch with an attorney.