Mesothelioma Claims

Although asbestos laws and regulations in the U.S. began over 35 years ago, many people are still filing mesothelioma claims today, including those who are newly- diagnosed with mesothelioma cancer. Almost all of these victims, and new victims that will surely surface as they are diagnosed, have worked somewhere that exposed them daily to asbestos.

If you or a loved one were diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to substantial compensation. We invite you to use our Asbestos Attorney Locator Tool to find a top mesothelioma lawyer in your area. With over $30 billion currently in asbestos trust funds, now is the time to take the first step in determining what you may qualify for.

Claims

Asbestos Exposure

For close to a century, thousands of workers were exposed to asbestos for prolonged periods of time. Construction workers, oil refineries workers, steel and metal workers, military personnel, and even teachers have been exposed. In the 1970s, after in-depth investigations and studies, it was determined that asbestos is an extremely harmful mineral. There was strict regulations placed on the use of asbestos shortly after.

Yet, for millions of workers, the damage had already been done. Some employers even ignored the laws and continued to use asbestos. Since symptoms of mesothelioma can take decades to surface, the majority of these workers went for years without knowing the damage that had already been to their health.

New cases continue to emerge years later because of the simple fact that it can take over 30 years for the first symptoms of asbestos-related diseases to surface. This is exactly how so many companies were able to keep it hidden that asbestos was still being used and employees were still being exposed.

If you’ve been exposed to asbestos, the cost of medical care, including mesothelioma treatment options, can be overpowering. Even with insurance coverage and other forms of assistance, most victims find that they cannot cover all the needed medications, treatments, and other expenses.

Since asbestos-related diseases are caused by the neglect of others and could have been prevented, victims have the right to file a mesothelioma lawsuit and be compensated. As more and more evidence unfolds regarding asbestos exposure at the workplace, many of the companies who provided asbestos-containing materials (ACMs) are now setting up trust funds for future cases.

In addition, because of the sheer amount of cases, many attorneys now specialize in mesothelioma claims and represent those that have been diagnosed with diseases caused by asbestos. Known as asbestos lawyers, these attorneys focus solely on helping victims that have been diagnosed with a harmful disease as a result of asbestos exposure. These attorneys differ from general attorneys as they have specialized training and experience in knowing everything about the diseases and the laws and regulations.

Your Mesothelioma Cancer Legal Rights

  • You have the legal right to file a claim against the company, manufacturer, person, or business that exposed you to asbestos.

  • You have the right to retain the services of an asbestos attorney. Some states may not allow to file unless you’ve been diagnosed with an asbestos-related while other states allow you to file at anytime. However, it’s your legal right to hire an asbestos attorney whenever you are ready.

  • You have the right to seek compensation for damages incurred because of your exposure to asbestos.

Asbestos lawyers have helped numerous victims obtain financial compensation for lost wages, medical expenses, emotional stress, physical pain, loss of enjoyment of life, and more. If you’re a victim yourself, it’s imperative to seek legal representation. A dedicated asbestos attorney will fight for the justice you’re entitled to and will give you a much better chance in winning your lawsuit.

Options for Filing a Claim

There are several different methods you can use for your claim process. Keep in mind that before starting you should seek the advice of an experienced mesothelioma law firm.

  • Bankruptcy Trusts: With the overwhelming amount of victims coming forward, several companies filed bankruptcy. However, this doesn’t mean that these companies and businesses are completely out of funds. In many instances, courts mandate that these companies set up a fund specifically for mesothelioma lawsuits, especially if prior lawsuits against the companies have been filed. It’s advisable to speak with your asbestos attorney to determine if the company you worked for falls under this category.

  • Litigation Claims: Litigation is the most popular type of claim. If you’ve been diagnosed with mesothelioma or any other asbestos-related disease, you probably already know how expensive treatment can be. However, along with treatments expenses, you may also be entitled to recover damages for emotional trauma, pain and suffering, loss of income, loss of enjoyment of life, and more. If the victim has passed away from an asbestos-related disease, loved ones and dependents have the right to file a wrongful death lawsuit on the victim’s behalf. Your attorney will be able to give you a more detailed list of what you may be eligible to be compensated for.

  • Veterans Claims: If were exposed to asbestos while serving in the military, you may be able to file a veterans claim. For more information on the qualifications, contact your local Veteran’s Administration. Your attorney will also be able to assist you with this.

  • Workman’s Compensation: Typically, workman’s compensation is not enough to cover all of your expenses if you’ve been exposed to an asbestos-related disease. However, you may be eligible for workman’s compensation along with other types of claims if you were exposed while working as an employee of a company. Speak with an asbestos attorney concerning this type of claim as it can get quite intricate.

Mesothelioma Statute of Limitations

Keep in mind that every state has a statute of limitations that everyone must follow. Failure to file your claim within your state’s statute of limitations will result in you losing the opportunity to legally file at all. It’s also important to note that you may need to follow the statute of limitations for the state in which you were employed when the asbestos exposure occurred (if different from your current state of residence) and/or the state where the responsible companies are located. The following list is the most current statute of limitations for all 50 states:

  • Alabama: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Alaska: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Arizona: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Arkansas: 3 years from diagnosis or 3 years from death for wrongful death statute
  • California: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Colorado: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Connecticut: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Delaware: 2 years from diagnosis or 2 years from death for wrongful death statute
  • District Of Columbia:  3 years from diagnosis or 1 year from death for wrongful death statute
  • Florida: 4 years from diagnosis or 2 years from death for wrongful death statute
  • Georgia: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Hawaii: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Idaho: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Illinois: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Indiana: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Iowa: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Kansas: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Kentucky: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Louisiana: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Maine: 6 years from diagnosis or 2 years from death for wrongful death statute
  • Maryland: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Massachusetts: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Michigan: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Minnesota: 4 years from diagnosis or 3 years from death for wrongful death statute
  • Mississippi: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Missouri: 5 years from diagnosis or 3 years from death for wrongful death statute
  • Montana: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Nebraska: 4 years from diagnosis or 2 years from death for wrongful death statute
  • Nevada: 2 years from diagnosis or 2 years from death for wrongful death statute
  • New Hampshire: 3 years from diagnosis or 3 years from death for wrongful death statute
  • New Jersey: 2 years from diagnosis or 2 years from death for wrongful death statute
  • New Mexico: 3 years from diagnosis or 3 years from death for wrongful death statute
  • New York: 3 years from diagnosis or 2 years from death for wrongful death statute
  • North Carolina: 3 years from diagnosis or 2 years from death for wrongful death statute
  • North Dakota: 6 years from diagnosis or 2 years from death for wrongful death statute
  • Ohio: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Oklahoma: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Oregon: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Pennsylvania: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Rhode Island: 3 years from diagnosis or 3 years from death for wrongful death statute
  • South Carolina: 3 years from diagnosis or 3 years from death for wrongful death statute
  • South Dakota: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Tennessee: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Texas: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Utah: 3 years from diagnosis or 2 years from death for wrongful death statute
  • Vermont: 3 years from diagnosis or 2 years from death for wrongful death statute
  • Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Washington: 3 years from diagnosis or 3 years from death for wrongful death statute
  • West Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Wisconsin: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Wyoming: 4 years from diagnosis or 3 years from death for wrongful death statute

Frequently Asked Questions

1) Why do I need a mesothelioma lawyer to file a claim?

Mesothelioma and other asbestos-related cancers are almost always caused by the negligence of someone else, whether it be a business owner or a manufacturing company. Mesothelioma attorneys have the experience and knowledge in handling these types of cases, make it much more likely for you to be successful when filing a claim.

2) Can families members file claims on behalf of mesothelioma patients?

Yes, family members can file claims on behalf of the mesothelioma victim and often times, may be eligible for damages themselves, including compensation for wrongful death.

3) What is a wrongful death claim when pertaining to mesothelioma?

A wrongful death claim is a claim that family members and/or survivors of a loved one file to seek compensation for the “wrongful death” of the mesothelioma victim. Typical damages include mental suffering and anguish, expected loss of companionship and income, and medical expenses accumulated.

4) Who actually pays the compensation if I win?

Damages typically are paid by the manufacturer, business, or business owner that exposed you to asbestos.

5) How can a lawyer prove asbestos exposure when it happened so long ago?

Asbestos lawyers have the required training as experienced investigators and understand the process of finding information on asbestos exposure regardless of how much time has elapsed.

6) How much money can I expect to win?

Billions have already been paid out so far in mesothelioma settlements. That being said, however, there is not a set a formula on how much compensation you can expect. There are a lot of variables considered, such as your health, how long you’ve had an asbestos-related disease, and more. Generally, the longer you’ve been undergoing treatment since diagnosis, the more you can expect. Moreover, you may be entitled to more compensation if company willfully exposed you to asbestos after being told of the severe health risks associated with prolonged exposure.

7) I was exposed to asbestos, but I’ve not been diagnosed with an asbestos-related disease. What options do I have?

Laws on filing an asbestos-related lawsuit will vary according to the state you live. While some states allow people to file at anytime, other states require that victims be diagnosed with an asbestos-related disease first. The best option is to consult with an experienced mesothelioma lawyer who’ll be able to help you understand the legal process in your state.

8) How long does an asbestos lawsuit take?

There isn’t a set answer to this question as each lawsuit is different and the amount of time will depend on factors unique to each case. However, some lawsuits have been settled within a few months while others have taken a few years.

Getting Help with Your Claim

Don’t forget to use our free Asbestos Attorney Locator Tool to find a top mesothelioma lawyer in your area. For additional assistance, contact us at 800-694-4856.

Asbestos Attorney Locator

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RIGHT NOW is the Time to File Your Claim - $30 Billion Currently Available

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