An individual, who has developed mesothelioma as a result of a personal injury caused by asbestos exposure, can file a mesothelioma claim through a compensation lawsuit. In the majority of all cases, a victim of exposure to asbestos files the claim against the party who is allegedly responsible for his personal injury.
The defendants in such lawsuits are typically manufacturers, employers, asbestos removal contractors or even government organizations. Or basically any party that can be proven guilty of negligence or misconduct which caused the harmful asbestos exposure. A recently conducted study suggests that over six hundred thousand mesothelioma claims were filed in the United States.
A compensation claim can be filed not only by the diagnosed person, but also by his family members in case the victim has already passed away. Mesothelioma claims have the objective to recover monetary compensation for medical expenses related to the asbestos exposure, the loss of wages or the ability to make a living, disability, as well as psychological and emotional suffering. Before filing an asbestos claim, you should take the following things into consideration: The statute of limitations, which may differ from state to state, restricts the amount of time a claimant has to put his case forward. It is important to understand, that because of the long latency period of all asbestos induced diseases, this statute begins at the point of when a mesothelioma diagnosis has been made, rather than the initial contact to the hazardous material.
But this law can vary based on a number of factors; therefore, before filing a mesothelioma compensation claim, you should seek the expert advice of a personal injury lawyer or mesothelioma attorney. In order to build a successful case, your lawyer has to prove that the exact source of you exposure to asbestos, the responsible party for your injuries, and the induced damages to your health were suffered as a direct result of the defendant’s negligence.
Interestingly enough, because of the fact that the U.S. court systems have been flooded with so many mesothelioma claims in the past, the federal government is currently debating the installation of an asbestos bankruptcy fund. This fund would no longer allow mesothelioma victims pursuing the legal option of filing a mesothelioma claim. Instead of a litigation, those individuals – if the qualifying requirements are fulfilled – would be eligible to get compensated for their damages through the asbestos fund.
However, there is a strong opposition making an argument that is concerned that victims of mesothelioma will not be able to receive the appropriate compensation anymore.