Asbestos & Mesothelioma Law Blog
A mesothelioma claim is a legal action that allows mesothelioma patients and their families to recover compensation for the harm suffered. When someone develops mesothelioma because of another party’s negligence, they or their family can file a legal claim and recover financial compensation. Mesothelioma is an illness that occurs after someone is exposed to asbestos. This illness develops after loose asbestos fibers are inhaled or ingested.
If you believe you have a mesothelioma claim, there are some things you need to know about mesothelioma claims. Below, we discuss three crucial things you need to know about mesothelioma claims.
Types of Mesothelioma Claims
There are three main types of mesothelioma claims. They are personal injury, wrongful death, and trust fund claims. Personal injury and wrongful death claims are more common than trust fund claims.
A personal injury claim is a claim that the mesothelioma patient files against the negligent party. In a personal injury claim, the compensation goes to the mesothelioma patient. After a patient files a mesothelioma claim, they can recover monetary damages for various losses such as medical expenses, lost income, and pain and suffering. In some cases, juries also award punitive damages. These are damages meant to punish the defendant. Punitive damages are intended to discourage the defendant and others from acting the same way in the future.
A wrongful death claim arises when a mesothelioma patient dies. Who is eligible to file a wrongful death claim will depend on state laws. A skilled attorney can determine if you qualify to file a wrongful death claim. After a wrongful death claim is filed and compensation awarded, the compensation goes to the deceased’s family for their losses.
If the company that caused you or your loved one to develop mesothelioma has a trust fund, you can choose to file a trust fund claim. A mesothelioma trust fund is a large amount of money set aside by an asbestos company to handle asbestos and mesothelioma claims.
You Have the Burden of Proving Your Claim
It is crucial for you to know that, as the party filing the claim, you have the burden of providing the evidence to prove the defendant’s negligence. In a mesothelioma claim, you are required to prove your case by a preponderance of the evidence. This entails showing that there is more than a 50% chance your claim is true. You also have the burden of proving the damages suffered. Fortunately, a skilled personal injury attorney can help you prove your case. An attorney can help you gather evidence, including medical records, work history records, financial records, and witness testimonies.
The Statute of Limitations is Important
Finally, you need to know that you have limited time to file a mesothelioma claim. This is because of what is called a statute of limitations. Because statutes of limitations vary by state, it is best to consult an attorney.
Nationwide Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.