Mesothelioma Asbestos Claims
Asbestos victims can receive compensation in a variety of forms. A good law firm can assist in determining which claim(s) to pursue.
State laws, also known as statutes of limitation, provide people with a time limit to file a lawsuit for personal injury or wrongful death. An experienced attorney can assist you with understanding the deadlines for filing and the process.
Medical expenses
The medical costs related to mesothelioma and asbestos-related diseases can be extremely high. Many patients have had to depend on credit cards or savings to cover these bills, which can cause serious financial problems in the event that their condition worsens or they are disabled and lose their income. However mesothelioma compensation claims will help victims and their families receive financial support to cover these expenses.
Mesothelioma compensation is available to sufferers of the asbestos-related disease or their loved relatives as a result lawsuits brought against the companies that are responsible for their exposure to asbestos. The majority of lawsuits are filed within a specified timeframe, which is referred to as the statute of limitations. This timeframe varies state-to-state however 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 victims can also pursue compensation through mesothelioma Trust funds or veteran benefits. These trusts were created by asbestos manufacturers that changed their organization under Chapter 11 bankruptcy protection in order to avoid exhausting their assets. The court system ensures these asbestos trusts are fully funded by requiring companies to save money to be used for future mesothelioma victims and other related diseases. Asbestos trusts currently contain $30 billion in funds to help those suffering from asbestos-related diseases, and many asbestos-related victims have started receiving their settlements from these trusts within as little as 90 days.
In addition to seeking compensation through asbestos trust funds and lawsuits, surviving family members of mesothelioma victims can file wrongful death claims for lost income, funeral and burial expenses and loss of consortium and more. These wrongful death lawsuits can be filed by an executor or representative of an estate and may be brought against companies that are responsible for asbestos victims' exposure.
People who were part of the U.S. military can file mesothelioma compensation claim through the Veteran's Administration. Veterans suffering mesothelioma or other asbestos-related disease as a consequence of their service, can be eligible for disability compensation from the VA. Asbestos lawyers can assist veterans in obtaining the appropriate documentation required for filing these kinds of claims.
Pain and suffering
There are a variety of factors to consider when determining the amount of compensation of a mesothelioma case. The severity of the illness and the length of time the victim was away from work for treatment, and the severity of pain are just a few factors that are taken into consideration. In most cases, monetary damages can include both non-economic and economic damages.
Asbestos victims deserve fair and accurate compensation for their losses. A mesothelioma lawyer will investigate the exposure history of every client and make a claim against the defendants who are responsible. Asbestos sufferers may also submit an application to the mesothelioma trust fund for additional compensation. Trust funds for asbestos contain more than $30 billion of compensation available to victims.
Most mesothelioma lawsuits settle before they ever reach the courtroom. Most defendants settle their cases as it's cheaper than paying legal costs and taking the risk of the jury's verdict. The mesothelioma lawyers who are experienced at Dreyer Boyajian LLP will take any case to court should it be necessary.
The mesothelioma survivors have received millions of dollars in settlements from lawsuits against companies that exposed asbestos. Asbestos lawyers can assist families get the money they are due for medical bills, lost wages, and funeral expenses.
If you or someone you love has been diagnosed with mesothelioma, contact an experienced mesothelioma law office today. A mesothelioma lawyer can assist you to determine which asbestos-related companies are responsible, file the appropriate claims, and explain how long it takes.
The mesothelioma lawyers of Dreyer Boyajian LLP have helped thousands of veterans and their families get the financial settlement they deserve. The founding partners have over 75 years of experience. Contact the firm via phone or online to arrange free, no-obligation consultation. The firm serves clients nationwide. In many states, those who suffer of mesothelioma have a limited time to file a suit. This period of time is called the statute. The statute of limitations usually begins counting down at the date that the disease was discovered or diagnosed. In some states the statute of limitation is only one year.
Lost wages
A person with mesothelioma or another asbestos-related disease could lose a significant portion of income due to medical costs and absences from treatment. Loss of earnings is a major factor in determining the amount of compensation for mesothelioma sufferers. A mesothelioma lawyer can estimate the victim's loss by reviewing the income statements of previous years, examining current medical bills, and estimating mesothelioma compensation claim future expenses. When calculating compensation for lost wage, a lawyer will consider the victim's level of pain and suffering.
An experienced mesothelioma attorney will thoroughly analyze the asbestos exposure of a patient to find out the companies, products and locations that may have caused the mesothelioma. Attorneys will examine the records of work history, interview witnesses from the family and other members of the group and review long-standing purchase orders or other evidence.
Once attorneys have identified potential asbestos sources and have identified asbestos-related sources, they can file a lawsuit on behalf of the mesothelioma victim. The filing of an asbestos lawsuit informally starts the legal process and puts the defendant asbestos companies on notice that they could be in the midst of litigation.
The time frame for filing a claim differs from state to state, however, in general the mesothelioma claim is required to be filed within 3 and 5 years after the date of diagnosis or death. A mesothelioma lawyer can assist patients and their families to ensure that the claim is filed by the deadline.
Depending on the type of the asbestos exposure, certain victims may be qualified for workers' compensation or disability benefits through the Department of Veterans Affairs. These benefits are not part of the mesothelioma compensation claim, and must be filed separately.
Many asbestos-related companies that are responsible have acknowledged their liability and have set aside funds for the compensation of mesothelioma patients. Trusts pay victims for medical expenses, lost wages and other damages. The amount of mesothelioma compensation that the victim receives is contingent on a variety of factors including the severity of their condition and how long they've been diagnosed and the extent of their exposure. An experienced mesothelioma lawyer can assess the patient's exposure to asbestos and assist them file for mesothelioma compensation. They can also determine if patients are qualified for additional compensation from other sources.
Damages
A successful mesothelioma suit will help asbestos victims family members and loved family members get the financial compensation they are entitled to. Compensation can cover medical expenses, loss of income and other losses resulting from an asbestos-related disease. A mesothelioma case may include compensation for emotional and psychological traumas caused by asbestos exposure.
A knowledgeable mesothelioma lawyer will help an individual or family understand their legal rights and determine the type of asbestos settlement they should pursue. A mesothelioma attorney will review the victim's asbestos history and identify companies who should be named in the lawsuit.
Generally, there are two kinds of asbestos claims that are wrongful death. Personal injury claims can be filed by mesothelioma victims to recover compensation for home treatment, lost wages and medical expenses, as well in other expenses that are associated with the disease. Family members of deceased victims can file a wrongful death lawsuit against the asbestos producers who made the products responsible for the death of their loved ones.
In both cases mesothelioma lawyers have to demonstrate that the defendants were responsible for the exposure to asbestos and that it caused the development of the patient's illness. The amount of compensation awarded to mesothelioma victims is contingent on the severity of their diagnosis, and their level of suffering.
Compensation is usually granted to asbestos victims for economic, non-economic and punitive damages. Economic damages can include the future and past medical expenses losses in earnings, earning potential, as well as loss of business opportunities. Non-economic damages include the physical pain and mental anguish that asbestos victims endure. Punitive damages are designed to penalize defendants and discourage future asbestos-related conduct.
Remember that state laws, also known as statutes or limitations, limit the time an individual has to make a claim for asbestos. Mesothelioma patients must consult a mesothelioma lawyer whenever possible in order to avoid the legal deadline. A mesothelioma lawyer can determine the best strategy for a case and make sure that all documents are filed in a timely manner.