How to File a Mesothelioma Lawsuit
You may file a mesothelioma claim if you have lost a family member to mesothelioma, or you were diagnosed with mesothelioma after exposure to asbestos.
Consider working with a lawyer to file your claim. They will help you determine your eligibility and the amount you can receive as compensation.
They will answer your questions and guide you through the claims process. Follow these steps to file your claim:
1. Understand the Eligibility Requirements
There are different requirements for different claims types. Your mesothelioma lawyer should guide you through the process. You must file your claim within a specific period. That timeframe is the statute of limitations. Proving exposure is the biggest challenge.
If you missed the statute of limitations, your lawyer might help you take advantage of other options. There may be different avenues for compensation.
2. Get Your Documentation Ready
After being sure of the type of claim, you wish to file, work with your lawyer to gather all the appropriate documentation:
- You must prove financial hardship
- Proof of exposure to asbestos
- Proof of diagnosis with an asbestos-related condition
- A testimony of the cause of exposure
- Your medical records
- Proof that you worked at an asbestos company
Some of the most common asbestos-related illnesses include lung cancer, malignant mesothelioma, and asbestosis.
Your medical records should establish that the primary cause of your illness is asbestos exposure. A board-certified physician has to confirm it.
A pathology report has to document the details of your disease. Other important documentation includes MRIs, blood work, X-rays, and CT scans. All the evidence must point to the fact that your illness was a result of exposure to asbestos.
You should establish a clear connection between the victim and the at-fault company. Documents that may establish the connection include tax returns, public records, employment records, and witness statements.
3. File a Claim
Your lawyer will help you submit your claim with all the relevant documentation. You may file your claim in the state where you live, depending on:
- The location of the asbestos company
- Your previous residence
- The location where you suffered asbestos exposure
You may have to file a claim in multiple states if the location of the company, the location of exposure, and your residence are different.
4. Claims Review
After submitting your claim, it is reviewed. The lawyers enter a negotiation, and yours tries to ensure that you get as much compensation as possible.
All reviews are different, and they vary depending on the type of claim you submit. The amount you receive as compensation varies depending on the evidence you can provide and the type of claim you submit. Mesothelioma lawsuits often deliver the highest payouts. You may receive compensation within months or years, depending on the circumstances surrounding your case.
5. Compensation
There are three main avenues to get compensation: a mesothelioma lawsuit, VA claim, or asbestos trust fund award. You may receive compensation from:
- Negligent employers
- Asbestos manufacturers
- The Department of Veterans Affairs
- Mesothelioma trust funds
- Insurance providers
