Mesothelioma Asbestos Claims
Asbestos-related victims can receive compensation in a variety of forms. A qualified lawyer can help you determine which claim(s) should be pursued, if any you should pursue.
State laws called statutes of limitation typically allow individuals a couple of years to file an injury claim or wrongful death lawsuit. An experienced attorney can assist you with understanding the filing deadlines and the process.
Medical expenses
The medical costs associated with mesothelioma and other asbestos-related diseases can be extremely high. Many affected individuals have relied on credit cards or savings to cover these expenses, which could create financial issues in the event that their condition gets worse or they are disabled and lose their income. A mesothelioma claim will help victims family members and friends receive financial assistance to cover these expenses.
As a result, compensation is available to those who have been diagnosed with this disease or to their loved relatives. This is done by filing lawsuits against companies that are responsible for their asbestos exposure. Lawsuits are typically filed within a specific time period which is known as the statute of limitations. This timeframe varies state-to-state and in New York it is three years from the date when the person was aware of their asbestos-related health issue or been aware of the issue (based on symptoms or a diagnosis).
Asbestos victims may also apply for compensation through mesothelioma or veteran benefits funds. These trusts were created by asbestos manufacturers who reorganized their business under Chapter 11 bankruptcy protection to keep from exhausting all their assets. The court system ensures that the asbestos trusts are fully funded by requiring businesses to reserve funds to be used for future victims of diseases like mesothelioma. Asbestos Trusts currently hold $30 billion to help victims of asbestos-related diseases. Many asbestos victims have been paid their compensation in as little time as 90 days.
In addition to seeking compensation through asbestos trust funds and lawsuits and trust funds, the family members of mesothelioma patients can file wrongful-death claims for lost income funeral and burial expenses as well as loss of consortium and many more. These wrongful death lawsuits can be filed by an executor or representative of an estate and may be filed against the companies responsible for asbestos victims' exposure.
Veterans are able to file compensation claims for mesothelioma with the Veteran's Administration. Veterans suffering from mesothelioma, or any other asbestos-related illness as a consequence of their service, can be eligible for disability compensation from the VA. Asbestos lawyers are able to assist veterans in obtaining the proper documents required for filing these kinds of claims.
Suffering and pain
There are a variety of factors to consider when determining the compensation amount of a mesothelioma case. This includes the severity of the condition, the amount of time a patient has to miss from work due to treatment and the extent of pain and suffering. In most cases, the monetary award is a combination of economic and non-economic damages.
Asbestos sufferers are entitled to a fair and accurate amount of compensation. A mesothelioma lawyer can investigate the exposure history of every client and file a lawsuit against the defendants liable. Asbestos victims can also opt to file a mesothelioma trust fund claim for additional compensation. Trust funds for asbestos have more than $30 billion of compensation for victims.
Most mesothelioma lawsuits are settled before they even reach the courtroom. Most defendants settle their cases since it's less expensive than paying legal fees and taking the risk of an unfavorable verdict from a jury. Nonetheless, the experienced mesothelioma lawyers at Dreyer Boyajian LLP are ready to take any case to trial if necessary.
Mesothelioma survivors have received millions of dollars in compensation from lawsuits filed against asbestos-exposed companies. Asbestos lawyers can help families receive the amount they deserve to pay for their medical expenses, lost wages, and funeral expenses.
If you or someone you love has been diagnosed with mesothelioma, call an experienced mesothelioma law office today. An attorney for mesothelioma can help you determine which asbestos-related companies are liable to file the appropriate claims, and explain the length of time the process takes.
The mesothelioma attorneys of Dreyer Boyajian LLP have helped thousands of veterans and their families to receive the financial compensation they deserve. The founding partners have more than 75 years of experience combined. Contact the firm by phone or online to arrange a no-obligation, free consultation. The firm assists clients across the country. In many states, mesothelioma patients have a limited amount of time to file a lawsuit. This time frame is known as the statute of limitations. It typically begins at the time of diagnosis or the discovery of the disease. In certain states the statute of limitation is only one year.
Loss of wages
A person suffering from mesothelioma or another asbestos-related illness might be unable to earn a substantial amount of income due to medical expenses and treatment absences. The loss of earnings is one of the main factors in determining the amount of compensation for mesothelioma sufferers. A mesothelioma lawyer will calculate the victim's loss by reviewing past income statements, current medical bills, and estimating the future costs. Lawyers will take into consideration the severity of the victim's pain and suffering when calculating compensation for lost earnings.
An experienced mesothelioma lawyer will carefully investigate the history of exposure to asbestos for the client to identify products, locations and companies that may be responsible for the mesothelioma. Attorneys will examine documents from the past, interview witnesses and relatives, and review old purchase order histories.
Attorneys can file a lawsuit on behalf of mesothelioma patients once they have identified asbestos-related sources. The filing of an asbestos lawsuit officially begins the legal process and puts the asbestos companies in the defendant's position that they might be facing legal action.
The time limit for filing a lawsuit varies by state, but 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 their families file the claim before the deadline ends.
Based on the type of asbestos exposure, certain patients may be eligible for disability benefits or workers' compensation benefits through the Department of Veterans Affairs. These benefits are not part of the mesothelioma compensation claim, and are paid separately.
mesothelioma claim after death who are accountable have acknowledged their liability and set aside funds to pay of mesothelioma patients. These trusts compensate victims for medical expenses, lost wages, and other damages. The amount of mesothelioma compensation that a victim receives will depend on a variety of variables including the severity of their illness, how long they have been diagnosed and the severity of their exposure. An experienced mesothelioma lawyer can determine the extent of exposure of a patient to asbestos and assist them claim mesothelioma damages. They can also determine if they are eligible for compensation from other sources.
Damages
A successful mesothelioma case can help asbestos victims and their families obtain the financial compensation they need. Compensation may cover medical expenses loss of income, as well as other losses resulting from an asbestos-related disease. A mesothelioma lawsuit may also include compensation for psychological and emotional trauma that asbestos exposure causes.
A knowledgeable mesothelioma lawyer will assist a family or individual know their rights under the law and decide the type of asbestos settlement they need to pursue. A mesothelioma attorney will review the history of asbestos exposure for the victim and identify companies who should be named in the lawsuit.
Generally speaking, there are two kinds of asbestos claims: personal injury and wrongful death. Personal injury claims can be filed by mesothelioma sufferers to obtain compensation for home care, lost wages and medical expenses, as well in other expenses that are associated with the disease. Families of deceased victims are able to make wrongful death claims against the asbestos producers who made the products responsible for their loved one's death.
In both cases mesothelioma lawyers have to establish that the defendants are responsible for the exposure to asbestos and that it was the cause of the victim's disease. The amount of money that is awarded to a victim depends on the severity of their condition, the time they have been diagnosed with mesothelioma as well as their degree of suffering.
Asbestos victims are typically compensated for punitive, economic, and non-economic damages. Economic damages include the cost of future and past medical treatment, loss of income and earning potential, and the loss of business opportunities. Non-economic damages could include the physical pain, mental anxiety depression, anxiety and mental stress that asbestos victims endure. Punitive damages are designed to punish defendants and discourage further asbestos-related behavior.
Remember that state laws, also known as statutes or limitations, restrict the time a person must make a claim for asbestos. Mesothelioma patients should consult an attorney for mesothelioma as quickly as they can to ensure that the deadlines for filing legal claims do not pass. A mesothelioma lawyer will determine the best way to approach the case and make sure that all paperwork required is filed in time.