Blog entry by Agnes Conklin
Mesothelioma Asbestos Claims
Asbestos compensation comes in several forms. Compensation may be received through VA benefits for veterans, asbestos trust funds and trial verdict settlements.
Compensation amounts are determined by a variety of factors, including the impact of disease on a person's daily life. The types of claims submitted will also impact the compensation amount.
1. Medical Records
The lawyers will review the complete medical record of the patient in a mesothelioma-related case. These documents will include a patient's results from tests, diagnosis, and laboratory tests, such as an X-ray CT scan or MRI. These documents will show the exact location of asbestos in a person's body. For example, the lungs or the heart.
Mesothelioma patients are usually entitled to compensation for their injuries, including the loss of income and other care requirements. The best mesothelioma attorneys are well-versed in the different types of compensation available and will determine whether a person is entitled to certain types of claims.
These may include a lawsuit against an asbestos company or trust fund claim. Certain companies that knew about their asbestos-containing products created a trust funds to settle claims, instead of settling lawsuits.
A lawyer will be able find these documents and also search for other relevant documents. For instance, a lot of patients with mesothelioma were exposed in the military, so their lawyers will need to track down military records and any pay stubs or documents related to employment that they are able to obtain.
People with mesothelioma may also want to consider applying for workers' compensation, Social Security disability insurance or veterans benefits. These benefits can be used to help pay for medical expenses, but they are separate from the compensation that is that is awarded in a mesothelioma suit.
2. Work History
To receive a fair amount of compensation for mesothelioma it is necessary to analyze the person's asbestos exposure history. This may include a thorough examination of workplaces to which the victim was exposed, as well as any products the person used at home or at the work environment. This could include the type and amount of asbestos to which the victim was exposed. Mesothelioma victims are often eligible for financial compensation from a variety of insurance and settlements. These can include claims against liable asbestos companies, trust funds set up by those same companies, worker's compensation and special monthly compensation from the Department of Veterans Affairs (DIC).
The kind of claim filed will be based on the specific situation of each individual. Typically victims can bring a lawsuit against asbestos producers to claim compensation for their medical expenses, lost wages and other losses. The lawyer representing the victim will help determine what compensation is best for their mesothelioma claim.
Trust mesothelioma lawsuits filed with asbestos trusts set up by former asbestos companies to shield them from liability in the future. These funds allow victims compensation for their losses, even if the company that exposed them declared bankruptcy. Typically the amount of trust fund payments are in the six figures or more.
Anyone who has been injured at work are able to file a workers' compensation claim. These claims may be filed by employees who worked on ships or shipyards, at power plants or in any number of other industrial locations. Asbestos might also have been present in the schools' workplaces or churches. In some cases mesothelioma sufferers have filed lawsuits against cosmetics manufacturers such as Johnson & Johnson for using asbestos in their baby powder and Claire's for selling the harmful product in its beauty products.
3. Family History
A mesothelioma case is the first step to suing the defendant in civil court. It is a legal document that names the person or company responsible for your asbestos exposure, and asks them for compensation you with a specific amount. A mesothelioma lawyer can assist you in deciding what to do and ensure that the paperwork is properly completed.
In a mesothelioma-related case you may be able to seek compensation for medical expenses and lost wages. In certain cases, mesothelioma victims may also seek punitive damages in order to punish the defendant and discourage similar conduct.
A seasoned mesothelioma lawyer can use your family history and work records to determine how and where you were exposed to asbestos. These facts will enable your attorney to build the strongest possible case and identify companies who should be held responsible for their negligence.
It could take between 20 and 60 years or more for mesothelioma-related symptoms to develop following asbestos exposure. State statutes of limitation set an expiration date for mesothelioma lawsuits. The statutes of New York require legal action to be initiated within three years following diagnosis or discovery. Family members are able to file a wrongful death mesothelioma claim on behalf of a deceased loved one.
It's important to start the process as soon as possible when a mesothelioma diagnosis is made. The mesothelioma lawyer you choose will have the expertise and resources to help your family get the financial compensation they deserve.
Baron & Budd's experienced mesothelioma lawyers have assisted many victims get fair compensation from the asbestos trust fund. We have worked with a variety of large asbestos trusts, including US Thorpe Insulation, Johns Manville, Owens Corning and Eagle-Picher Industries. Contact us today to learn more about our mesothelioma lawsuit assistance.
4. Asbestos Exposure
Asbestos was used widely in construction and insulation for the majority of the 20th century because of its properties to resist fire. It was also affordable to manufacture and to use. Sadly, workers in these occupations were not aware of the health risks that come with exposure to asbestos.
Workers who work with or produce asbestos products are at the highest risk of developing mesothelioma. However, those living near asbestos sites are at risk of developing mesothelioma. Exposure to asbestos from the outside can cause mesothelioma in the loved ones of those who work in high-risk occupations.
Individuals with mesothelioma can seek compensation from a variety of sources. This may include trust fund and/or civil claims. The proceeds from civil lawsuits do not affect VA compensation. However, applicants must disclose settlements from trust funds when applying for VA benefits.
Mesothelioma patients should also consider making a claim for worker compensation. This will pay for medical expenses as well as lost wages. Before submitting an claim for workers' compensation, injured employees should consult a lawyer.
A qualified mesothelioma lawyer will know what types of compensation are available to asbestos patients and their families. They can review all options available for compensation and determine the best option for each individual case.
Mesothelioma lawsuits are filed in civil court and state laws can differ. The statutes of limitations as well as other legal issues can be complex. Instead of suing the majority of cases are settled with mesothelioma agreements. Mesothelioma victims often receive large settlements in exchange of waiving their right to sue asbestos companies. The mesothelioma lawyers of Weitz & Luxenberg can assist with the filing of personal injury or workers' compensation claims, as well as wrongful death claims on behalf of a mesothelioma patient or the family members of the mesothelioma patient who died.
5. Doctor's diagnosis
A mesothelioma diagnosis is the basis on which asbestos victims can seek compensation. A knowledgeable lawyer can assist asbestos victims determine whether the diagnosis of a doctor is eligible for a settlement outside of court or trial verdict to receive compensation.
Lawsuits filed on behalf of a mesothelioma victim typically seek to obtain compensation for both economic and non-economic damages. Economic damages are those that can be easily assessed, such as the cost of treatment and lost wages. Noneconomic damages are those that result from the pain and suffering that are not quantifiable. A successful lawsuit may also award punitive damages, which is a sum of money awarded by a jury to punish an asbestos law-related company for its incompetence.
A successful asbestos case requires an exhaustive investigation and analysis of evidence. Lawyers with experience in mesothelioma are able to help asbestos legal victims, their families and loved ones build strong cases and identify the responsible parties.
Despite knowing about the asbestos compensation's dangers, many companies involved with its production and sale continued to use it. These companies also failed to inform their employees or the general public of the risks. The toxic substance has caused thousands of Americans to suffer from its negative effects.
Depending on the state, mesothelioma sufferers or their families may seek compensation through an action. Most lawsuits settle before trial. The mesothelioma lawsuits available include a personal injury claim or wrongful death suit, as well as trust fund claims. The amount of money a plaintiff can receive is contingent on the type of claim, and several other factors such as their medical history, the level of exposure to asbestos, and the degree of mesothelioma. The mesothelioma average settlement is $1 million. However, a jury verdict could be as high as $2.4 million.