Mesothelioma Asbestos Claims
Asbestos victims can receive compensation in a variety of forms. The right law firm will help determine which claim(s) to pursue.
State laws called statutes of limitation typically allow people a few years to make a personal injury or wrongful death lawsuit. An experienced attorney can help you understand the filing deadlines and the way this process operates.
Medical expenses
The medical expenses related to mesothelioma and asbestos-related diseases can be extremely high. Many people have relied on credit cards or savings to pay these bills. This can lead to serious financial difficulties if the illness gets worse, or if they lose their income due to their inability to work. A mesothelioma claim can help victims, their families and loved ones receive financial aid to cover these expenses.
In how long does a mesothelioma claim take , compensation can be given to those who have been diagnosed with the asbestos-related disease or to their family ones. This is accomplished by filing lawsuits against the companies accountable for their asbestos exposure. The statute of limitations provides a time frame within which lawsuits have to be filed. This window varies by state, but in New York it is three years from the date that the person was aware of their health problem or should have been aware of the issue (based on symptoms or a diagnosis).
Asbestos sufferers can also seek compensation through mesothelioma and veteran benefits funds. These trusts were set up by asbestos manufacturers who changed their organization under Chapter 11 bankruptcy protection in order to not exhaust their assets. The courts ensure that these asbestos trusts are fully funded by requiring companies to reserve funds for future victims of diseases such as mesothelioma. Asbestos Trusts currently hold $33 billion for victims of asbestos-related diseases. Many asbestos victims have already been compensated in as little time as 90 days.
In addition to seeking compensation through asbestos lawsuits and trusts, surviving families of mesothelioma victims can claim wrongful death claims for lost incomes funeral and burial costs loss of consortium, funeral and burial costs, and many more. These wrongful death claims are filed by the executor of the estate or their representative, and can be brought against any business responsible for an asbestos victim's exposure.
Veterans can file compensation claims to treat mesothelioma via the Veteran's Administration. Veterans who suffer from mesothelioma, or any other asbestos-related disease as result their service can receive disability compensation through the VA. Asbestos attorneys can help veterans get the necessary documentation to file these claims.
Suffering and pain
In determining the amount of compensation to be paid for a mesothelioma-related case, several factors are taken into account. This includes the degree of the disease, the amount of time a patient has to miss from work because of treatment and the extent of pain and suffering. In most cases, financial damages include both economic and noneconomic damages.
Asbestos victims deserve fair and precise compensation for their losses. A mesothelioma attorney who is certified will study the exposure history of each client and bring a mesothelioma lawsuit against defendants who are liable. Asbestos sufferers can also file a claim to the mesothelioma fund for additional compensation. Currently, there is more than $30 billion in funds available for victims to receive through asbestos trust funds.
Most mesothelioma cases result in a settlement before they reach the courtroom. Most defendants settle for a lower cost than paying legal costs and the risk of a verdict at trial. The experienced mesothelioma lawyers at Dreyer Boyajian LLP will take any case to court should it be necessary.
Mesothelioma survivors received millions of dollars in compensation through lawsuits filed against asbestos-exposed companies. Asbestos lawyers can assist families receive the compensation they deserve to pay for medical expenses, lost wages, and funeral costs.
Contact an experienced mesothelioma lawyer today if you or someone you love has been diagnosed with the disease. A mesothelioma lawyer can identify which asbestos-related companies are responsible and assist in filing the proper claims and provide details on how long the process takes.
The mesothelioma attorneys of Dreyer Boyajian LLP helped thousands of veterans, and their families, get the financial compensation they merited. The founding partners have more than 75 years of combined experience. Call or email the firm online to schedule an obligation-free, no-cost consultation. The firm assists clients across the nation. In a number of states, mesothelioma sufferers have a limited period of time to make a claim. This period of time is called the statute of limitations. The statute of limitations typically starts counting down from the time the illness was diagnosed or discovered. In some states the limitation period is just one year.
Lost wages
Someone suffering from mesothelioma, or another asbestos-related disease could lose a significant portion of income due to medical costs and treatment absences. Loss of earnings is a major factor in determining the amount of compensation available to mesothelioma victims. A mesothelioma lawyer will calculate the loss of a victim by looking at the income statements of previous years, examining current medical bills, and estimating future expenses. A lawyer will consider the degree of a victim's pain and suffering when making a calculation of compensation for lost earnings.
A seasoned mesothelioma lawyer will carefully examine the asbestos exposure of a client to find out the companies, products and locations that may have contributed to the mesothelioma. Lawyers will review work history records, interview witnesses and relatives, and review the purchase order history from years ago.
After attorneys have identified possible asbestos sources, they can file a lawsuit on behalf of the mesothelioma patient. The filing of an asbestos lawsuit informally starts the legal process and puts the defendant asbestos companies on notice that they might be facing litigation.
The time limit for filing a lawsuit varies according to the state however, generally speaking a mesothelioma lawsuit must be filed within 1-3 years after the date of diagnosis or death. A mesothelioma attorney can help patients and families to file a claim before the deadline ends.
Depending on the type of the asbestos exposure, certain victims may be eligible for workers' compensation or disability benefits through the Department of Veterans Affairs. These benefits are not part of the mesothelioma compensation claim, and have to be claimed separately.
Many asbestos companies who are accountable have acknowledged their liability and have set aside funds for the compensation of mesothelioma patients. The money from these trusts usually covers medical expenses, lost wages and other damages. The amount of compensation a victim will receive for mesothelioma varies on several factors, such as the severity of their illness, when they were diagnosed, and the degree of exposure. A mesothelioma lawyer who is experienced will assess the extent of exposure a patient has and help them file for mesothelioma compensation. They can also determine whether they qualify for compensation from other sources.
Damages
A successful mesothelioma suit will help asbestos victims family members and loved family members receive the financial compensation that they deserve. Compensation may cover medical expenses, income loss and other losses associated with an asbestos-related disease. A mesothelioma lawsuit may also include compensation for emotional and psychological trauma caused by asbestos exposure.
A skilled mesothelioma lawyer can aid a family or an individual understand their legal rights and help them determine the kind of asbestos settlement they need to pursue. An attorney for mesothelioma will analyze the asbestos history of the victim and identify the companies that should be named in the lawsuit.
There are two main types of asbestos claims, namely personal injury and wrongful deaths. Personal injury claims can be filed by mesothelioma sufferers to recover compensation for home care, lost wages and medical bills, as in other expenses related to the disease. Families of deceased victims can file an action for wrongful death against the asbestos product manufacturers accountable for the deaths of their loved ones.
In both cases, the mesothelioma lawyer must demonstrate that the defendants are accountable for asbestos exposure and that this is the cause of the victim’s disease. The amount of compensation paid to a mesothelioma victim depends on the severity of their diagnosis, and the extent of suffering.
Compensation is usually awarded to asbestos victims for economic, non-economic and punitive damages. Economic damages can include the cost of future and past medical treatment, loss of income and earning potential, and the loss of business opportunities. Non-economic damages are the physical and mental suffering that asbestos victims suffer. Punitive damages are intended to punish the defendants and discourage future asbestos-related conduct.
Be aware that state laws, also referred to as statutes or limitations, limit the time that an individual must file a claim for asbestos. Mesothelioma sufferers should seek out a mesothelioma lawyer as soon as possible to avoid the legal deadline. A mesothelioma attorney can determine the best method to handle the case and ensure that all necessary paperwork is filed on time.