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 this asbestos-related cancer. The majority of victims of asbestos exposure came into contact with it on the job. Filing a claim is one way to seek compensation for medical and other expenses.

If you or a loved one were diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to substantial compensation. Fill out our form to receive our free Financial Compensation Packet. Our packet is loaded with information on leading mesothelioma attorneys in your area, how to file a claim for asbestos trust funds, how to get paid in 90 days, and more. 

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How Does Asbestos Exposure Occur?

Workers in a variety of settings have been exposed to asbestos for more than 100 years. Some of the industries that used asbestos most heavily include the military, shipyards, construction, and industrial and manufacturing facilities. Workers that handled asbestos, or were simply around it, may have inhaled or consumed the small fibers that easily flake off from this mineral.

Strict regulations were placed on the use of asbestos in the 1970s, but it is still out there in many workplaces. Furthermore, the symptoms of asbestos illnesses often don’t show up until decades after exposure. Many workers didn’t know they were exposed until much later, often in retirement. New diagnoses are still being made today.

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The Costs of Mesothelioma and Legal Rights

If you’ve been exposed to asbestos, the cost of medical care, including mesothelioma treatment options, can be overwhelming. Even with insurance coverage and other forms of assistance, most victims find that they can’t cover all the needed medications, treatments, travel costs, loss of wages, and other expenses. Family members who lose someone to mesothelioma face funeral costs and the loss of financial support. There are ways that you can seek compensation for these costs, and you have a legal right to do so:

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

Who Are the Leading Asbestos Attorneys in My Area?

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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 than if you try to go it alone.

How do I File a Mesothelioma 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 or lawyer.

  • Bankruptcy and Asbestos Trusts: With the overwhelming amount of victims coming forward with claims, many companies that used asbestos have gone bankrupt. However, this doesn’t mean that these companies and businesses are no longer responsible for compensating victims. In many instances, courts mandate that these companies set up a fund specifically for mesothelioma and asbestos claims.
  • Litigation Claims: Litigation is the most popular type of claim. This involves starting a lawsuit against the responsible party for compensation for costs of being ill or from the death of a loved one because of asbestos. An experienced asbestos lawyer can guide you through this process.
  • Veterans Claims: If you 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.
  • Worker’s Compensation: Typically, worker’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 it along with other types of claims if you were exposed while working as an employee of a company. Speak with an asbestos attorney to find out if you can claim worker’s compesnation.

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Types of Litigation Claims

There are two main types of lawsuits filed in cases of asbestos exposure and illness. These are personal injury and wrongful death.

Personal Injury Claims

Personal injury claims are filed by surviving people who’ve been diagnosed with mesothelioma, but it can also be filed by a family member with power of attorney if the victim is too ill to start the claims process. For asbestos personal injury claims, winning your case means that you may be to entitled to damages for:

  • Past, present, and future medical expenses related to your illness.
  • Past, present, and future, lost wages.
  • Physical and emotional pain related to your illness.

Personal injury claims can be filed for any amount the plaintiff wants to receive. For instance, in 2015, former Morehead State University (MSU) student and employee, Lewis Williamson, 61, filed a $1 billion lawsuit against the school after he developed asbestosis. Williamson claims that his time spent working and studying at MSU led to his illness because the school was constructed with asbestos-containing materials.

Williamson remembered he constantly had chest pain that was so severe that it prevented him from working at a new job he took. Eventually, he had to return home back to his hometown of Kentucky, where he was diagnosed with asbestosis.

The large amount for the claim was intended to mostly cover future claimants, and Williamson hoped the litigation would result in a class action suit against the university so that other victims could be compensated. For himself he claimed just $22 million. The case is not yet settled.

Wrongful Death Claims

You can also file a claim for litigation when a loved one has died from asbestos exposure.  In mesothelioma cases, the responsible party is generally the manufacturer who sold asbestos to companies willingly, although they did so knowing the risks that asbestos poses on health.

In some instances, employers are also liable for wrongful death, particularly if they knew asbestos was dangerous but did nothing to protect their employees. Damages from wrongful death claims generally include:

  • The victim’s medical expenses associated with the illness.
  • Funeral and burial expenses.
  • Loss of consortium, depending on the state in which the claim is made.
  • Pecuniary damages, which includes loss of financial support to dependents and spouses.
  • Damages for loss of parental guidance.
  • Damages for emotional and physical pain.

Mesothelioma victim John Haspell is an example case of a successful wrongful death claim. Haspell, a former engineer, passed away from mesothelioma after being exposed to asbestos continuously while working at a chemicals plant in Greater Manchester, England.

Although the dangers of asbestos were well known in England during the 1960s and 1980s while he worked at the plant, neither Haspell nor his co-workers were ever informed of the risks they were taking each time they went to work.

Following his 2010 death, Haspell’s family filed a wrongful death claim on his behalf, alleging that the chemicals plant should have done a better job in warning workers of asbestos risks and protecting them. They also alleged that the asbestos manufacturers should also be liable for supplying the toxic mineral to job site. The family won the wrongful death lawsuit for an unspecified amount.

When to File – Statute of Limitations

Every state has its own statute of limitations on personal injury and wrongful death lawsuits. The timing of your claim must be within this period for it to be considered. The statute that applies may be in the state where you worked, so consult with your asbestos lawyer to find out when you need to file.

  • 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 about Claims

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, but proving this can be complicated. Large companies have big legal teams to fight claims, and you need an experienced lawyer on your side to make your case.

2) Can family 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) Who actually pays the compensation if I win?

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

4) 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. They are adept at searching records and looking at past cases to find proof.

5) 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 to be 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 a company knew the risks of asbestos and allowed you to be exposed anyway.

6) I was exposed to asbestos, but I have 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 in which you live. While some states allow people to file at any time, 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.

7) How long does an asbestos lawsuit take?

Each lawsuit is different and the amount of time it takes 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.

8) Can I file for punitive damages in a wrongful death claim? 

Some states do offer specific statutes that allow claimants to file for punitive damages in wrongful death claims, but unfortunately, most states to do not. Every state sets its own laws for these cases, so consult with an experienced lawyer where you will be filing.

9) Can I file a wrongful death claim even if my spouse didn’t start a personal injury claim before he/she died?

The majority of states allow spouses and dependents to file a wrongful death claim even if the victim never started a personal injury claim prior to death. Remember, however, that you’ll need to refer to your state’s statute of limitations associated with wrongful death cases.

Getting Help with Your Claim

Remember to fill out our from to get your free Financial Compensation Packet, with information on leading asbestos and mesothelioma lawyers in your area. For additional assistance, contact us at 800-793-4540. 

 

FREE Financial Compensation Packet

Free Next Day Shipping
There is a time limit - ACT NOW
  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
  • This field is for validation purposes and should be left unchanged.