Mesothelioma, a rare and aggressive cancer, primarily occurs when someone is exposed to asbestos. Unlike other personal injury cases, there are several specific circumstances surrounding this illness, all of which make mesothelioma claims unique.
One factor that makes these claims different is the long latency period between asbestos exposure and the appearance of symptoms. The challenge of determining liability can also make these cases more complex. So, let’s discuss all these differences and why they matter.
What Are Mesothelioma Claims?
Mesothelioma claims offer a way for victims and their families to secure compensation from liable parties. The settlement from these claims enables victims to pay for their medical costs, daily expenditures, and other expenses that help them secure treatment.
Essentially, mesothelioma claims are actions against the producers of asbestos-containing products. Although there are different claims relating to this illness, legal claims comprise trust fund claims and lawsuits.
You can still be eligible to file for veterans’ benefits, workers’ compensation, or disability insurance, depending on your situation. If your claim succeeds, it holds asbestos companies accountable for their role in your illness. A claim can help you in the following ways:
- Cover the cost of treatment and healthcare
- Get financial security during these difficult periods
- Cover travel costs for treatment
- Obtain justice and closure for your family
What Makes Mesothelioma Claims Unique?
Mesothelioma claims are different from other personal injury cases as a result of several factors. Victims who understand these factors can consider their legal options more effectively and make solid choices. Here are these differences.
The Latency Period Involved
Unlike most personal injury cases, where symptoms show immediately, mesothelioma often takes several decades to appear. This delay makes it challenging for victims to determine the source of their exposure. While this latency period varies among individuals, it typically falls between 10 to 50 years.
The Required Medical Expertise
To file a successful mesothelioma claim, you must work with a medical expert who deeply understands the disease. Since asbestos exposure is the primary cause, proving this connection is necessary. Extensive medical knowledge is required to establish the link. Experts may need to analyze medical records, conduct an examination, and offer expert testimony.
Complex Legal Liability
Many mesothelioma claims involve multiple liable parties; this makes handling them more complex than navigating personal injury cases. People file these claims against manufacturers or companies that exposed them to asbestos through their products or workplaces. Identifying all liable entities and proving liability can be tricky, especially if there were multiple exposure sources.
The Statute of Limitations
Each state has its statute of limitations within which an individual can file a mesothelioma claim. However, the illness’s long latency period means that victims may not know about their illness until decades after exposure. Hence, many states have adopted the discovery rule, allowing victims to file claims within a specified period from their diagnosis.
Compensation for Treatment and Continued Care
Victims of mesothelioma often face huge medical expenses and ongoing care needs. The treatment options for this illness are usually extensive and costly due to its aggressive nature. Claims often seek compensation for medications, ongoing treatments, and future care, making it necessary to estimate these costs properly.
Filing a Mesothelioma Claim
The most effective way to file this kind of claim is to hire a legal expert who will handle each step of the process. Since you’ll need to pay more attention to your treatment and recovery, you’ll need all the help you can get. Here are the steps to follow:
Find a Reliable Attorney
Since these claims are quite different from other legal claims, find an experienced mesothelioma attorney who can guide you through the process. These attorneys can protect your rights and give you the best chance of getting fair compensation.
Determine How You Were Exposed
Your claim may struggle if you cannot connect your diagnosis to specific cases of asbestos exposure. You must identify how and where you were exposed to the material and determine the defendants when filing a claim.
File Claims Against Responsible Parties
The last step is to file a mesothelioma lawsuit against any liable parties or operational companies. You can file claims with their asbestos trust funds if bankrupt companies were responsible for your exposure.
Endnote
Unlike most other personal injury cases, mesothelioma claims involve extended latency periods, proper medical expertise, and complex legal liability. Their statutes of limitation and compensation packages are also different from other personal injury cases. However, you must work with an attorney who understands these differences to achieve the best outcomes.
