Individuals may choose to file legal claims after being diagnosed with mesothelioma. Also known as asbestos claims, these legal actions permit injured individuals to seek financial compensation for their injuries. Typically, the individual asserts that they received a mesothelioma diagnosis due to asbestos exposure.
The majority of individuals who bring mesothelioma claims initiate wrongful death lawsuits, personal injury lawsuits, or trust fund claims. Understanding the differences between these claims will allow you and your lawyer to develop a strong case strategy.
It is possible for the family members of a decedent to seek monetary compensation for the loss of companionship, society, and support due to the death of the decedent. Also, family members may claim other types of damages depending on the facts and circumstances of the case. Everyone who wants to learn about mesothelioma should understand how to file mesothelioma claims.
How to File a Mesothelioma Claim
A lawyer can help you with every stage related to the filing of a mesothelioma claim. Procedural rules are important, and a skilled lawyer can make sure that you are performing all the necessary steps for filing a mesothelioma claim.
The party who files a mesothelioma claim is either the injured victim who was diagnosed with mesothelioma or the surviving family members of a decedent who died due to complications of mesothelioma.
Many attorneys who take on asbestos cases have experience litigating in this area of the law. It is often the case that clients have questions about the steps involved in filing a mesothelioma claim.
It is important for individuals to understand the different types of claims that can be filed and the claim review process. Also, specific eligibility factors are relevant to all mesothelioma claims.
Filing a Mesothelioma Claim
Mesothelioma cases can be technical and complex. Clients often need the assistance of an experienced attorney who has handled mesothelioma cases in the past. Specific information is often necessary for clients to bring mesothelioma claims.
For example, most individuals need to gather the following documents to file a mesothelioma claim:
- Witness testimony regarding any diagnoses
- Evidence related to the asbestos exposure that caused the victim’s mesothelioma
- Medical records documenting a victim’s exposure to asbestos
- Evidence of work history at a company that processed asbestos materials
- A history of financial hardship and disability
The factors listed here do not constitute an exhaustive list of the documents and evidence an individual needs if they want to file a mesothelioma claim. However, a skilled attorney will make sure these documents are gathered together at the outset of the case.
Being Eligible to File a Mesothelioma Claim
Those who intend on bringing mesothelioma claims need to speak to an experienced attorney to see if they meet the eligibility requirements. Specific claims may require particular eligibility requirements.
Some common forms of eligibility requirements include meeting the statute of limitations, a diagnosis related to asbestos exposure, and evidence establishing proof of asbestos exposure. The statute of limitations differs depending on whether a personal injury claim or a wrongful death claim is filed. An attorney will help victims determine the statute of limitations period that applies to their case.
It is possible that exceptions may apply that will toll, or stop, the running of the statute of limitations. Speaking with a knowledgeable attorney is the best way to determine if any exceptions may be applicable to your mesothelioma claim.
Collecting Evidence
Employment records, proof of asbestos exposure, and medical records are all examples of evidence that should be collected at the outset of a mesothelioma claim. Proof of exposure to asbestos can be difficult, depending on an individual’s length of exposure to asbestos. The following are common diagnoses related to asbestos exposure:
- Lung cancer
- Asbestosis
- Malignant mesothelioma
The more documents and records related to your asbestos exposure that you have, the stronger your mesothelioma case will be. An attorney will review the documents you gather to determine if they can be used to substantiate your mesothelioma claim.
Filing the Mesothelioma Claim
An attorney will gather the relevant documents and file the mesothelioma claim on the client’s behalf. Most attorneys who work on mesothelioma claims specialize in this area of law. Also, attorneys will assist clients with additional medical treatment that may be necessary due to the mesothelioma diagnosis.
The Places to File a Mesothelioma Claim
The majority of individuals will file a mesothelioma claim in the state in which they live. Some victims may also file mesothelioma claims based on where the asbestos exposure occurred, the place where the asbestos was located, and where the victim lived when they were exposed to asbestos.
Unfortunately, some injured victims suffered asbestos exposure during different time periods in their lives. Also, these same individuals may have been exposed to asbestos in several states. An attorney can help a client understand if multiple entities need to be named as defendants in a mesothelioma case.
Mesothelioma Claim Award
The review process for mesothelioma claims can be confusing to some people who are unfamiliar with mesothelioma claims. Attorneys understand how to negotiate so the client has the possibility of recovering a reasonable amount of financial compensation. Specific types of claims are associated with different forms of review.
The Time for Resolving a Mesothelioma Claim
The timeline for resolving a mesothelioma case depends on the facts and circumstances of each case. The majority of mesothelioma cases take between three months to one year to settle. Only a small percentage of all civil cases go to trial. However, all mesothelioma cases are unique, and it is essential to be proactive and optimistic about the resolution of your mesothelioma case.
Contact the Shelly Leeke Law Firm Today
The Shelly Leeke Law Firm has years of experience representing clients in mesothelioma cases. Reach out to our firm today to learn more about mesothelioma claims and how you can seek monetary compensation for your injuries. The experienced attorneys at Shelly Leeke Law Firm can answer your questions and protect your legal rights.
Call us today for a consultation and discover how we can help you with your mesothelioma claim.
