How Do Mesothelioma Compensation Claims Work?
A mesothelioma claim, otherwise known as an asbestos claim, enables those affected by mesothelioma and their families to receive compensation for illnesses caused by asbestos. Mesothelioma claims can include personal injury, wrongful death, and trust fund cases. The most important step you can take in your claim is hiring an experienced mesothelioma compensation claims lawyer.
If you don’t know where or how you were exposed, we can help. The attorneys at Menges Law Firm have conducted the research and know products and premises to know where and how you were likely exposed. Contact Menges Law Firm Today.
What is Mesothelioma?
Mesothelioma is a rare form of cancer typically caused by asbestos exposure. It affects the thin lining of tissue covering many internal organs and is generally found in the lungs, abdomen, or heart. Symptoms include shortness of breath, chest pain and persistent coughing. Treatment options vary depending on the stage and location of cancer.
Types of Mesothelioma
There are four different types of mesothelioma.
Pleural mesothelioma is a type of cancer that occurs in the pleura, a thin layer of cells lining the chest cavity and surrounding the lungs. It is caused by exposure to asbestos particles, which enter the body through breathing or swallowing and, over time, can cause damage to these cells, resulting in tumors and other health complications.
Peritoneal Mesothelioma is a rare form of cancer affecting the lining of the abdomen and associated organs, caused by exposure to asbestos. It can cause abdominal pain, swelling, and other symptoms. Treatment may include surgery, chemotherapy, and radiation therapy.
Pericardial Mesothelioma is a rare type of cancer that affects the lining of the pericardium, which is the sac that surrounds the heart. This type of cancer is caused by exposure to asbestos and can cause chest pain, difficulty breathing, and even heart failure. Treatment options for this form of cancer include chemotherapy, surgery, and radiation therapy.
Testicular Mesothelioma is a rare form of cancer that affects the lining of the testicles. It is most commonly caused by exposure to asbestos and can cause pain, swelling, and other symptoms in addition to fertility issues. Treatment options are typically limited, and the prognosis can be poor.
Who Is Eligible for Mesothelioma Compensation?
Individuals diagnosed with mesothelioma, or other asbestos-caused diseases such as asbestosis or lung cancer, could be qualified to receive legal compensation. To seek compensation, patients don’t need to know how they encountered asbestos.
A mesothelioma lawyer can assist you in assessing what type of financial compensation you could be eligible to receive.
You and Your Family Deserve Compensation
Numerous companies put their personnel at risk by exposing them to asbestos without warning. By filing a claim, you may receive compensation for medical expenses, lost wages, and other related costs. Those diagnosed with lung cancer or asbestosis associated with asbestos may file a claim for asbestos liability.
Our experienced mesothelioma attorneys understand how complex these problems can be. With over 50 years of combined experience, our dedicated mesothelioma lawyers are no strangers to the harsh realities of fighting for justice — and we’re proud to shoulder the burden so our clients don’t have to. We are dedicated to helping you hold the company or entity that caused your mesothelioma responsible for their actions and obtain the financial compensation you deserve.
Maximize Your Settlement
The average mesothelioma settlement is between $1 million and $1.4 million, but with the right help, you may get more. To maximize your settlement, it’s essential to avoid going to the courtroom and find out which financial options can get you the most money. Additionally, getting help filling out the paperwork can ensure you access assistance as quickly as possible. With the proper guidance and resources, you can make sure that you receive a fair settlement for your suffering.
Personal Injury Claims For Mesothelioma
Personal injury claims for mesothelioma are the most common type of asbestos claim. These claims are based on negligence and seek compensation for medical expenses, lost wages, and pain and suffering.
The amount of compensation received in a personal injury claim can vary greatly depending on the facts of the case. Generally, mesothelioma victims may receive an average settlement of $1 million to $1.4 Million.
Wrongful Death Claims
Someone close to the family may file a legal claim for wrongful death if their loved one passes away due to an asbestos-related illness. An asbestos company may be sued to provide financial compensation to an individual.
What if the Patient Dies During the Legal Process?
The victim’s estate will likely receive compensation if a patient passes away during legal proceedings. Wrongful death payouts may be given in a single payment or split into multiple payments. Lawyers often disperse settlement money for claims after someone has died.
Asbestos Bankruptcy Trust Fund Claims
During a bankruptcy, an asbestos trust fund is established to pay any current or future claims related to asbestos exposure. People affected by the company’s asbestos negligence can claim the trust to receive financial compensation.
Mesothelioma attorneys can help asbestos patients compile the required information and present a successful trust claim in their behalf. Afterward, the administrators of the trust fund examine the claims.
Breaking Down Your Mesothelioma Compensation Claim
Your mesothelioma compensation claim will start with a FREE consultation where we explain all your legal options. When companies take actions that harm people, it’s not always easy to pursue justice. For instance, corporate entities often use legal structuring to indemnify their board members, shareholders, and other leaders from being held responsible for adverse outcomes. Although the connections between asbestos exposure and mesothelioma are well-known, you may have to modify your legal approach by:
- Taking action against a holding company that absorbed the firm that initially caused your exposure
- Filing a claim with the VA or another government agency
- Suing a firm or employer that exposed you to asbestos in your workplace or a commercial venue
- Filing a claim against a bankruptcy trust responsible for a bankrupt company that previously exposed you to asbestos
Whichever course of action is best for you and your situation, you need to have experienced, aggressive legal representation to derive the most significant benefit from your case. At Menges Law Firm, our experienced mesothelioma attorneys aim to provide the insights you require and the representation you need to obtain full compensation for your injuries.
How Can an Experienced Mesothelioma Lawyer Help Me?
An experienced mesothelioma lawyer can help by:
- advising on how to pursue a case best
- filing paperwork
- representing the victim in the trial
- build a network of experts that includes medical professionals and scientists, as well as survivors and family members
- use their understanding of asbestos-related laws, regulations, and precedents to ensure your case is fair and equitable.
- negotiate with insurance companies or other defendants on your behalf to secure you a settlement or award.
- Discovering the asbestos-containing products that caused your cancer
Picking A Strategy That Suits You
Even if you were exposed to asbestos under the same circumstances as another mesothelioma victim, your claims would likely differ. For instance, you might have to seek compensation from a trust fund to provide for those harmed by a company that later went bankrupt. You might also face legal resistance from the at-fault party and find it wiser to seek a settlement. Should your claim head to trial, you’ll need the staying power to fight until you achieve a satisfactory resolution.
Mesothelioma Compensation FAQs
How Much Does a Mesothelioma Compensation Claim Cost?
A mesothelioma compensation claim lawyer at Menges Law works on contingency. Contingency means we do not get paid for our work unless we deliver a result for you.
A contingent fee agreement means that we take on the burden of litigating your case and do not charge you unless we secure a settlement on your behalf or win your case at trial. This ensures you do not have to worry about any more out-of-pocket expenses during an already difficult time. In addition, we want you to be able to focus on healing from your injury while we do the heavy lifting of fighting and advocating for you.
What Damages Can We Claim for Mesothelioma?
- Medical bills, including hospitalization, doctor visits, medications, and medical equipment.
- Lost wages due to inability to work or if the victim passed away.
- Non-economic damages for pain and suffering resulting from the illness or death.
- Funeral costs or other final expenses if you lost a loved one due to mesothelioma.
What is the Statute of Limitations for a Mesothelioma Case?
The Statute of Limitations for a Mesothelioma case varies from state to state. Generally, it is two or three years from when the injured party knew or should have known that mesothelioma was a result of asbestos exposure.
How Do You Get a Mesothelioma Diagnosis?
The first step towards getting a mesothelioma diagnosis is to speak with your doctor about your risk factors such as exposure to asbestos, any symptoms you may be experiencing, and the family history of mesothelioma. Your doctor will then conduct a physical examination, review your medical history, and may order imaging scans or lab tests to check for the presence of mesothelioma. If signs suggest that further testing is necessary for a definitive diagnose.
What is Asbestos?
Asbestos is a set of six naturally occurring silicate minerals used commercially for their tensile strength and heat-resistant properties. Asbestos has been linked to various diseases, such as mesothelioma and lung cancer, making it hazardous to human health when inhaled or ingested.
Where is Asbestos Found?
Asbestos is found in many older homes and buildings, as it was a popular material used for insulation and fireproofing until the late 1970s. Asbestos-containing products are also
- ceiling tiles
- insulation around heating ducts, floor tiles, exterior siding or shingles
- adhesives and coatings on furniture and household items.
Contact An Experienced Asbestos Lawyer at Menges Law Firm today for help with your claim.
Can I File a Wrongful Death Lawsuit if My Loved One Died of Mesothelioma?
Yes, you may be able to file a wrongful death lawsuit if your loved one died of mesothelioma. Suppose the disease was caused by another person or entity’s negligence, such as a careless asbestos manufacturer. In that case, you may have grounds to pursue legal action and seek compensation for the wrongful death of your loved one.
How Much Does an Experienced Mesothelioma Attorney Cost?
Menges Law Firm works on a contingency. A contingency fee basis means the law firm will not charge you anything unless you win a settlement or in court. A contingency fee ensures the victim pays nothing out of pocket and that the law firm works hard for your case. We also offer contingency for other areas of practice, such as:
What Are Other Asbestos-Related Diseases?
Other asbestos-related diseases include:
- lung cancer
- and pleural plaques.
Long-term asbestos exposure can also cause respiratory problems such as coughing, shortness of breath, and chest tightness.