A mesothelioma claim is a legal action that helps mesothelioma patients and their families get financial relief. Following a reputable report published in 2020, plaintiffs had filed over 3,600 lawsuits for mesothelioma. These statistics prove that seeking compensation for mesothelioma is not uncommon.
While filing a claim, you get three options to exercise your rights: personal injury, wrongful death, and trust fund claims. A lawyer will provide you with a much deeper understanding of each, which helps you to make an informed decision. So, to make your lawsuit as smooth as possible, here are a few things you should know:
1. How Do Lawyers Help?
To draft a proper claim, you need the assistance of an experienced lawyer. Mesothelioma claims are no different. If you’re a victim of mesothelioma, you and your family need help to get adequately compensated. Lawyers can guide you on your options, including the three legal routes (discussed above). The trust fund claim is for asbestos companies to compensate without litigation since asbestos exposure is the leading cause of illness.
Lawyers draft a claim using evidence such as prescriptions and a medical expert while considering the deadline to file the claim. The money you win from mesothelioma compensation is anything between approximately $1 million to $1.4 million. Asbestos manufacturing companies pay mesothelioma compensation to the victims or their families to take responsibility for their carelessness.
2. Types Of Mesothelioma Claims
Lawsuit claims are specific, so you need to know which claims you can file. Your claim will be influenced by the choice you make. By choosing an option that challenges your claim, you run the risk of losing the lawsuit. An experienced lawyer can help you make the right choice. When you know what each choice holds, it is easier for you to make a decision:
- Personal Injury Lawsuits
The victims of mesothelioma can file personal injury lawsuits. Your lawyer will explain how you dealt with pain and suffering based on your diagnosis and length of illness. They may also mention the cost of treatment to make the jury aware of the situation’s financially draining. Getting treated for mesothelioma can be distressing, and that’s no secret.
Winning cases can reward you with many monetary damages, including medical expenses, lost income, and support for suffering. In some cases, juries may even award punitive damages to discourage future mishaps by the defense.
- Wrongful Death Claims
Mesothelioma can be fatal. In such cases, the family can step in. A wrongful death claim is a lawsuit filed on behalf of the deceased’s family. As much as cancer affects the patient, it is also challenging for the family. Financial losses, loss of employment, and seeing their loved ones’ illness progress can take a toll on them.
So when a lawyer submits the lawsuit, they need to highlight all the sufferings the family faced. Their sacrifice cannot go unnoticed, especially when some partners become full-time caretakers. After a successful case, juries may award compensation covering various losses, the cost of the funeral, and the money spent on treatment. Factors such as the number of dependents, source of income, and cost of treating cancer strengthen the lawsuit.
- Trust Fund Claims
Most asbestos companies have gone bankrupt as lawsuits are costly to settle, so they pour their remaining resources into setting up trust funds. The purpose of these institutions is to compensate victims and their families without the need for a further lawsuit. A lawyer can investigate whether the company you’re dealing with has trust funds. If they do, they can file a trust fund claim.
There are two types of review for your case: Expedited review and Personal review. The first uses a system of assigned percentages to deal with similar cases. The latter invites trust funds to study your case deeper and determine how much your compensation is worth. As a result, the paperwork a lawyer submits has the potential to win you a large settlement.
3. How To File A Winning Case
You can only win a lawsuit if you’re thorough about the process. Start by picking the best mesothelioma lawyer in the industry. If you’re worried about paying upfront, many professionals charge on a contingency basis, so you don’t need to pay unless they win your case.
Your lawyer will guide you through the process and advise you on strengthening your case. All cases require the following documents even though they are unique:
- Employment records are essential. You need to prove that you worked at an asbestos company. These include contract letters, certification of service, and, if possible, a company’s records.
- Medical records can be pretty extensive. You need to submit your diagnosis reports, including X-rays, CT scans, and blood tests, with a confirmation of your diagnosis. You will also need to submit the medication you took, the cancer treatment you got, and your doctor’s notes.
- Key Testimony is when you must prove that you became ill due to asbestos and your company’s negligence. Having a witness who can testify against the company’s recklessness can strengthen your case. The witnesses can provide a rough estimate of how much asbestos your company handled each year.
- Financial Records include bank records, account statements, and insurance statements to indicate your payment. Cancer treatments are not cheap. You have to go through several rounds of expenses, including paying for diagnostic tests, treatment, and supportive care.
Lawsuit claims, especially those as technical as mesothelioma claims, allow you to get compensated. However, you must first understand the process to win what is rightfully yours. While there are three ways to file a lawsuit, you need to know each to make the right claim. Personal injury and wrongful death claims take you to court, while the trust fund claim gives you the money straight away.
An experienced lawyer is your key to building a solid case. So make sure you research well and pick only the best. Their system knowledge is pivotal in building your case and getting you compensation. If you want a winning streak, make sure you comply, listen, and get rewarded.