Mesothelioma Claim: Who is Eligible and How to Bring One
Mesothelioma diagnosis raises not only medical issues, but also legal and economic concerns. Mesothelioma is usually linked to asbestos exposure, therefore patients diagnosed with the disease may try to obtain compensation from the responsible party. The claim against potential defendants may be filed against asbestos manufacturer, employer, landowner, insurance company, asbestos trust funds, or some other responsible party.
A mesothelioma case is based on establishing asbestos exposure, which resulted in development of the illness, and the liability of another party for such exposure. However, simply being diagnosed with mesothelioma does not mean automatic right to get compensation from another party. The strength of the case depends on the proof of asbestos exposure, applicable law, and existence of other parties connected to the exposure.
According to the information from the National Cancer Institute, asbestos is a human carcinogen and most cases of mesothelioma are believed to be connected with asbestos exposure. Such exposure occurs in workplace, at home or in community and the signs of exposure may appear many years after exposure itself.
Who Can Make a Mesothelioma Claim?
The individual diagnosed with mesothelioma may be able to file a claim based on the exposure of asbestos. There are many occupations in which the exposure is common including construction, ship building, manufacturing, insulation, automotive industry, demolition, and asbestos removal.
However, the occupational exposure is not the only one. People can suffer from the secondhand exposure of asbestos when the fibers are brought to their homes on clothes, shoes, skin or hair of a worker.
There may be even environmental exposure to asbestos.
Sometimes there may be legal actions of families of the patient with mesothelioma, if such person died. In such situation, according to state law, family members may bring the wrongful death claim.
Due to the long period of latency of diseases caused by asbestos, sometimes it is difficult for a person to remember all the places and sources of exposure. But such identification of the places, manufacturers, worksites and employers of the past may become crucial
What Proof Is Required to Make a Mesothelioma Claim?
In order to have a successful mesothelioma claim, it is usually necessary to prove both the diagnosis and the link between the mesothelioma and asbestos exposure. However, the specific type of proof needed will be determined based on the nature of the claim and the jurisdiction.
- Medical Documents
The medical documentation is one of the key elements of the mesothelioma case. For example, a claimant may be asked to provide pathology reports, imaging test results, treatment records, physician statements and other documents proving the diagnosis.
- Employment History
The employment history is likely to help determine any possible cases of asbestos exposure. The important aspects to remember here are names of the employers, job position, work sites, dates of employment and the material and equipment used.
- Exposure Details
A lawyer will find out what places asbestos exposure took place and what companies and products were used. In some cases old employment documents, union documents, military documents, product information, workplace documents and testimonies of the former co-workers may help to prove the exposure
- Financial Losses
Documents about medical costs, income loss, treatment expenses, travel expenses, etc. may be used to prove financial losses suffered as a result of the disease.
- Personal Injuries
Depending on the laws relevant to the particular claim, the compensation may be also claimed for non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life and loss of companionship.
There are also workers' compensation possibilities for workers with occupational diseases. According to US government guidelines, workers' compensation is an insurance program that pays medical expenses, wage replacement and death benefits to the dependants of a worker who died due to an occupation-related illness.
However, as different compensation options can require different proofs, one should identify all potential avenues of compensation rather than make assumptions about one way to go.
How Do You File a Mesothelioma Claim?
The process of filing a mesothelioma claim depends greatly on the information concerning the disease and asbestos exposure. It varies substantially depending on the kind of a proceeding, whether it is a personal injury lawsuit, wrongful death case, workers' compensation claim, asbestos trust claim, etc.
Step 1: Verify the Diagnosis
First, obtain all the medical records. Collect all pathology reports, imaging studies, treatment plans, hospital charts, bills, etc.
Step 2: Develop an Exposure History
Try to identify any job, workplace, military duty, renovation activity, etc. when the exposure to asbestos might have occurred. If it is possible, provide approximate dates and locations of each event.
Asbestos-related illnesses can have very long latency periods. The National Cancer Institute states that it can take decades before the first symptoms appear.
Step 3: Determine Potentially Responsible Parties
Based on an investigation, identify those manufacturers, suppliers, employers, contractors, property owners, etc. who are potentially associated with the exposure
Step 4: Identify Possible Legal Actions
Depending on the facts of the case, the available options might include filing personal injury lawsuit, filing asbestos bankruptcy trust claim, obtaining workers' compensation or finding other benefits programs related to particular employment and military service.
For instance, the U.S. Department of Labor administers some federal workers' compensation programs, while state programs cover workers' compensation for employees of the private sector and state or local governments.
Step 5: File Your Claim before the Statute of Limitations
It is probably one of the most crucial steps of the process – to establish the statute of limitations applicable in your case. Each state provides specific deadlines for filing various kinds of claims and for different diseases.
Some statutes of limitation have exceptions for asbestos-related illnesses since the exposure occurred decades before the illness. Missing the statutory deadline can make a person not eligible for compensation at all.
Therefore, the potential claimants should consult a competent lawyer as soon as possible without waiting until treatment is finished.
What Happens When a Mesothelioma Claim Has Been Filed?
After filing the claim, there are several possible developments such as investigation, exchange of documents, negotiations, settlements, and possible litigation.
Within a lawsuit, the history of asbestos exposure may be investigated along with collecting information about the companies in question. Lawyers might examine employment, medical, product-related documentation, witnesses, and historic documents.
Settlement Negotiations
Many mesothelioma cases are settled without going to trial. A settlement is an agreement between the parties where the dispute is solved through agreeing on some amount of money.
It will depend on numerous factors like evidence, medical costs, loss of income, the degree of illness, relevant laws, number of companies to blame, and circumstances of exposure to asbestos.
There is no specific amount for every mesothelioma case.
Trial
If the parties do not agree on a sum, a case may proceed to trial. In this case, it is up to a jury or judge to decide who is liable and what damages to pay based on relevant laws.
But litigation can take much effort and time. Mesothelioma cases usually include historic evidence that happened long time ago.
Wrongful-Death Claims
In cases where people suffering from mesothelioma pass away, their heirs or estate may have claims against liable parties under the doctrine of wrongful death. Whether the case may be claimed and how much compensation it would bring depends on relevant state law and circumstances.
Heirs should know that a claim for personal injuries does not disappear when someone died. There are procedures that might be followed, depending on the moment of death and filing of a lawsuit.
Why Legal Assistance Matters
The litigation of mesothelioma requires expertise in particular medical, historic, and legal aspects. Asbestos litigators will be able to investigate the sources of exposure, find out who may be blamed for them, calculate relevant deadlines, and explain compensation options
What Amount of Compensation Is Available for a Mesothelioma Claim?
There is not any fixed amount of compensation for mesothelioma claim. The amount depends upon several factors like evidence, jurisdiction, defendant, insurance, available trust fund, losses suffered by claimants.
Some types of compensation that might be available for a person could be:
- Medical cost
- Future medical cost
- Lost income
- Loss of earning capacity
- Pain and suffering
- Mental stress
- Diminished quality of life
- Travel expenses
- Loss of companionship
- Funeral expenses for qualifying wrongful death claims
In some cases, it would be possible for a person to get a claim from more than one potential source of compensation. It could happen when a person has a possibility of lawsuit against one or more companies, in addition to a potential trust fund or worker's compensation claim.
But filing for multiple claims raises several issues which have to be considered carefully. Effect of one claim on other may vary based upon several factors.
Mesothelioma Claim and Veterans
Veterans may investigate for possible benefits and medical help due to exposure to asbestos. According to the National Cancer Institute, veterans who meet eligibility criteria may receive health care from Department of Veterans Affairs in case of asbestos related diseases.
Legal claims of a veteran would depend upon certain facts. This includes service and occupational record of a veteran.
Important Issues That May Affect the Value of a Case
Severity of the disease, age, employment history of the person, medical expenses, loss of income, evidences of exposure to specific products or companies, state laws, are some important factors that would affect value of a mesothelioma case.
People should never look at websites or advertisements offering guaranteed settlement amount. It is impossible for any evaluation to offer such amount without reviewing the facts of the case.
Editorial & Jurisprudential Disclaimer: This publication is prepared strictly for educational, academic, and legal research purposes and does not constitute formal legal counsel. For specific legal representation or jurisdiction-specific advice, consult a licensed attorney admitted to practice before the competent bar.
