What Are Your Legal Rights After A Mesothelioma Diagnosis?


Knowing about your mesothelioma diagnosis is the most difficult time of your life. You might feel no option or hope to live a better life. It is also possible that you stay in this situation for more time than is suitable for you. Feeling a range of emotions, such as sadness, grief, despair, are typical to all the people diagnosed with any form of cancer, let alone mesothelioma. But most important is that you recover from this phase and think about all the legal and health options open to you.

A mesothelioma diagnosis calls for an immediate start of treatment while thinking about legal action against companies causing your health injury. It makes you eligible to file an asbestos or mesothelioma claim, which is a legal action demanding compensation from the manufacturers and suppliers of the products containing asbestos. Asbestos is the primary cause of industrial mesothelioma because its fibers reach the internal linings of the organ where mesothelioma occurs.

Before you file a mesothelioma claim to get your rightful compensation, you should first know your legal rights and actions to bring the offenders under the law. Byknowing your legal rights, you can take the necessary actions to safeguard them. You will find an abundant amount of free resources on the web to help you know more about mesothelioma and everything related to it.

Mesothelioma is avoidable if people do their moral duty of informing the people about the presence of asbestos or preventing you from getting exposed to it. You can hold them accountable for their intended or unintended negligence when they fail to do so.

Types of Lawsuits That You Can File

A person or their family can file for compensation through one of the following claims. However, it is important to hire an experienced attorney to pursue the claim on your behalf.

Various options available to the victim include:

  1. Personal Injury Claim 

The victim exposed to asbestos on the worksite in the past and is diagnosed with mesothelioma files the personal injury claim. Apart from the occupational exposure of mesothelioma, there is also secondary exposure. This is when you get exposed to asbestos through people who already came in contact with such products or worked on sites where they were used. Often families of those who worked on asbestos-containing sites are prone to developing mesothelioma.

With a personal injury claim, you get compensation to pay for medical bills and other financial expenses due to job loss. You will file a claim against the companies who manufactured and exposed you to the dangerous mineral which harmed your health.

  • Wrongful Death Claim

After the death of their loved one, the victim’s family can file a wrongful death claim. In this case, compensation is demanded from the victim’s employer or the companies making asbestos-containing products. If a person files for a personal injury claim but dies before any decision is made, the compensation will go to the victim’s estate. As a result of your wrongful claim, you may get all the compensation in one lump sum amount or receive periodic installments. An experienced attorney can help the victim’s loved ones navigate their way through the difficult process of filing and winning a mesothelioma claim.

  • Asbestos Trust Fund Claims

Some companies file for bankruptcy to avoid getting embroiled in mesothelioma-related litigations. But they are often made to develop an asbestos trust fund to pay compensation to mesothelioma victims. Your attorney will help you know if the company at fault in your case has developed an asbestos trust fund; if they do, your attorney will assist you with the legal process.

  • Filing A Mesothelioma Claim

Once you know what claims you can file, you must not waste any time and contact an experienced attorney to help you with the case filing process. In most cases, the companies causing the damage want to close the case with a settlement outside the court. A skilled lawyer with plenty of mesothelioma-related experience by your side, you can negotiate for better compensation from the perpetrators. But In other cases, your attorney may advise you to move ahead and take the case to court for a jury verdict.

The earlier option is often preferred because it is less time-consuming and has more chances of getting compensation. Whichever option you choose, your lawyer will conduct the research, investigate the claims, look for evidence and develop a winning case that can get you the compensation in the shortest possible time.

Mesothelioma is aggressive cancer that is often non-curative. Its costly treatment is often not in the pocket of most people. Mesothelioma treatment also involves traveling and caregiving, which your health insurance policy does not cover. An asbestos claim is filed to receive money to pay for the victim’s treatment and other costs. Mesothelioma lawsuits, when made public, can potentially tarnish the image of the company, but perpetrators should have thought the repercussions before putting someone’s life and health in jeopardy. Knowing the legal options available to you helps you make the right decision and get paid for your damages.

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