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Mesothelioma is a deadly disease; it is a malignancy of the outer covering of the lungs, abdominal linings, and heart sac. Mesothelioma is caused due to asbestos exposure. After a mesothelioma diagnosis, the average life expectancy is between 18-31 months. So, in most cases, it is proved fatal; hence, the loss of life and family income can leave your loved one desolated. However, the law relieves the mesothelioma victims and their families by filing a claim against the victims and demanding compensation. The compensation covers the medical expenses, the loss of life and work, pain and suffering, and much more.
But all the mesothelioma victims have to ensure that they are eligible to file a lawsuit and demand compensation from the producers and suppliers of asbestos-containing products. Before knowing who is qualified for filing a lawsuit, let’s check how people are exposed to asbestos that causes mesothelioma.
There are mainly two ways to be exposed to asbestos, both of which are listed below.
Occupational Asbestos Exposure: It is when you are exposed to this dangerous mineral on the worksite while you are still working. Various worksites are known to cause asbestos exposure. According to the WHO, more than 125 million workers are exposed to asbestos every year.
Second-Hand asbestos exposure: this type of exposure occurs when you contact someone exposed already. Asbestos exposure victims’ families are most at risk as workers can bring the fibers home with their clothes. Now, let’s gauge your mesothelioma lawsuit qualifications to make sure you are eligible to get your rightful compensation due to this heinous crime of corporations.
Who is qualified to file an asbestos lawsuit?
Regardless of asbestos exposure, mesothelioma victims can sue and demand action. However, you may need to show evidence and medical records to prove your claim. If the victim is alive and fighting cancer, they can file the complaint themselves. Otherwise, the relatives and family members are also eligible to approach the court and file a lawsuit. To calculate the amount of a mesothelioma claim following factors are considered:
- Medical expenses of the family
- Travel expense
- The number of dependents mentioned in the lawsuit
- Age of the victim
- Loss of job and lost wages
- The number of dependents, not to mention the pain and suffering, ensure a reasonable settlement for the family and the victim.
In what ways can the eligible candidates file the claim?
There are two major ways to file a mesothelioma claim: A personal injury lawsuit and a wrongful death claim. In a personal injury lawsuit, the mesothelioma victim is the plaintiff, while the manufacturers and suppliers of asbestos-containing products are the dependents better-called offenders.
In the wrongful claim, the family can demand compensation after the patient’s death. A wrongful death claim calculates payment by considering the loss of life and funeral expenses. The rest of the factors are the same as a personal injury claim.
Though these are two main ways to approach the court, other alternatives to mesothelioma lawsuits include Asbestos trust funds and Veterans Affairs (VA) Claims. The court has ordered the larger asbestos-producing corporations to develop trusts that could help the victims in a mesothelioma diagnosis. These trusts are called asbestos trust funds. Over $30 billion is available to assist these workers and their families. The other alternative is for the military veterans exposed to asbestos during their service. The ratio of military veterans is exceptionally high; in every three mesothelioma diagnoses, one is an army veteran. These army men can get compensation through VA benefits.
What options are available to you after filing the case?
Once you have filed the claim, there are two ways through which you can get the compensation. They are a mesothelioma settlement and mesothelioma court verdict. A mesothelioma settlement is when the plaintiff receives compensation from the defendants without going into a legal trial. The victim’s lawyer can negotiate compensation and get the best deal for their client. In the other option, the case goes to court. All the evidence and arguments are presented before the judge or jury, who decides. Going to court is a little riskier as everything depends on the court’s ruling, and you may end up getting nothing. Therefore, in about a year, most lawyers prefer winding up the case through settlement.
Conclusion
Nothing can reimburse you for the loss of life and bestow a chance to live again. But filing a mesothelioma claim is your right. Therefore, you must hold the perpetrator responsible. But to file the claim, you must be eligible. Consulting a mesothelioma lawyer can help you gauge your eligibility and the options available to you. It is better to file the case as soon as you are diagnosed with cancer, as there is often a time within which you can file the complaint. So, make sure to act fast, lest you miss your chance of bringing wrongdoers under the clutches of law.