Injury claim: Asbestos exposure can be severely detrimental to your health. When asbestos is inhaled, it results in the disease known as mesothelioma, which causes cancer in the mucous lining between the organs and the chest or abdomen cavity.
If you have been exposed to asbestos on your job or as a direct result of your employment, you can file a claim for asbestos compensation.
Here’s everything you need to know regarding asbestos compensation and how to deal with a compensation claim:
Types of Compensation
Asbestos compensation cases generally receive 2 types of compensations:
Personal Injury Compensation
Dealing with mesothelioma is an ordeal. You are entitled to receive medical compensation as a result of your affliction as it is a direct consequence of asbestos exposure, as per state or national law. Medical compensation can cover transportation costs, diagnostic tests, and surgical procedures medical negligence
Wrongful Death Compensation
If the asbestos-related affliction results in the death of an employee, their family members are entitled to be compensated for funeral and burial costs. A set amount of compensation may also be offered to the dependents for a set period after the unfortunate event.
The amount of the asbestos compensation depends on the claim filed. There are many factors to be considered, such as the duration of the affliction, the medical costs, carer’s costs, lost wages, etc. The compensation offered can come from a court trial, a settlement, or trust funds. Trust funds are set up by asbestos manufacturers to compensate asbestos victims.
Anyone who has been diagnosed with mesothelioma as a result of direct exposure to asbestos can file a compensation claim. The amount of the compensation depends on the severity of your case and whether your case is settled as a settlement or a court trial.
In any case, it’s important to talk to a professional mesothelioma claims lawyer before filing a claim. Here are a couple of steps to keep in mind when going on about an asbestos compensation claim:
- Talk to a professional lawyer about your circumstances. Find out what type of compensation you are eligible for. It’s crucial that you find the right attorney who has a proven track record of dealing with mesothelioma claims. Speak to your attorney about the compensation that would be the most suitable for you and your family.
- You’ll need to trace your asbestos exposure history. Mesothelioma is a serious disease that can take up to 50 years after the asbestos exposure to manifest and get diagnosed. The time between the exposure and the diagnosis is too much.
- This is one of the primary reasons more lawsuits are filed than workers’ compensation claims related to asbestos compensation. The workers’ compensation programs generally have a short period to file a claim related to a disability after the event that caused the disability. For mesothelioma, too much time passes between the exposure and the diagnosis, so the workers’ compensation claims are mostly void.
- Consider all options provided by your attorney for compensation. These may include lawsuits, settlements, or trust funds.
- Your lawyer will provide you with the options for the maximum amount of compensation. If you decide to go for a lawsuit, you may have to go through settlement offers from the defendants. Settlements are offered to resolve the case outside of the court so that the defendants can avoid a legal lawsuit.
- Track your expenses. Medical costs can pile up quickly with traveling costs as not everybody specializes in dealing with mesothelioma cases. You may need a helping hand to care for yourself depending on your circumstances. You may be eligible to receive a carer’s allowance in such cases. Tracking your expenses can help your lawyer determine the severity of the situation and deal with the case for the maximum amount of compensation.
In the case of settlements, the defendants pay a compensation amount mutually agreed upon by the claimant and the defendant. If both parties fail to reach a settlement, the claim is taken to a legal court. The jury decides if the defendant is liable to pay monetary compensation to the claimant and decides the amount of compensation depending on the case. Mesothelioma claims are dealt with on a case-by-case basis so there’s no general set amount. If you or a loved one have been diagnosed with mesothelioma, our partner firms can be of assistance to you. Contact us and you can rest assured that our professional injury claims specialist
will strive for the best possible outcome for your case.