What to Expect When You Seek Compensation for Mesothelioma or Other Asbestos-Related Diseases

Mesothelioma is a deadly form of cancer caused by exposure to asbestos, a heat-resistant material that was widely used in manufacturing and construction since the early 1900s. Unfortunately, many people who worked in these industries developed serious asbestos-related diseases such as mesothelioma.

However, many of these victims (or their survivors) are entitled to compensation for the losses they suffered as a result of their illness. If you are thinking about filing a claim, an experienced mesothelioma lawyer can help you achieve the most advantageous outcome.

WHO IS ELIGIBLE FOR MESOTHELIOMA COMPENSATION?

Individuals who developed a serious disease such as mesothelioma, lung cancer, or asbestosis after being exposed to asbestos may be entitled to compensation. Even those who were exposed years or decades ago may still be able to file a mesothelioma claim. In addition, because mesothelioma is often fatal, the victims’ survivors may also be eligible for compensation.

However, these cases involve a complicated legal process, with specific requirements and filing deadlines. Therefore, it’s important to contact a qualified mesothelioma attorney as soon as possible if you are diagnosed with mesothelioma or another asbestos-related illness.

CAN A MESOTHELIOMA LAWYER HELP ME RECEIVE COMPENSATION?

Yes. There are many reasons to hire a knowledgeable mesothelioma lawyer if you or a family member has a disease resulting from asbestos exposure. Even if a loved one has passed away, a skilled attorney can help the survivors receive compensation for the losses suffered by the victim and the family.

Here are some of the ways an asbestos attorney can help:

Determining which kind of lawsuit to file

The most common course of action is filing a personal injury claim against the company (or companies) responsible for the asbestos exposure.

When a victim has died from mesothelioma, the survivors may file a wrongful death claim for medical expenses, lost income and pain and suffering.

When the responsible business has declared bankruptcy, a lawyer may seek compensation through a defunct company’s asbestos trust fund.

Gathering information needed to build a winning case

Mesothelioma cases are extremely complex, with strict filing requirements and deadlines. In addition, extensive medical documentation is required, along with information on where and how the asbestos exposure occurred. An asbestos attorney will file the necessary forms, acquire medical records and obtain expert witness testimony when needed.

Representing you in court

While most asbestos cases are settled out of court, some do proceed to trial. An experienced mesothelioma lawyer knows how to present the evidence so a jury can award the compensation you and your family deserve.

HOW DO I FIND THE RIGHT ATTORNEY TO HANDLE MY ASBESTOS LAWSUIT?

Asbestos cases are complicated. In Michigan, asbestos use is regulated by state and federal agencies and numerous statutes. This is why it’s important to hire a lawyer with extensive experience handling asbestos and mesothelioma claims. Look for an attorney whose firm has the necessary resources to handle these complex cases.

Most personal injury lawyers offer free consultations to prospective clients. During this first conversation, ask the attorney about their experience with asbestos lawsuits, including how they have handled similar cases.

WHAT IS THE STATUTE OF LIMITATIONS FOR ASBESTOS COMPENSATION CLAIMS?

In Michigan, the statute of limitations for mesothelioma and other asbestos personal injury claims is generally three years from the date of diagnosis, or from when the disease was reasonably discovered.

Typically, the three-year time limit starts when the victim receives a formal diagnosis from a physician. Some people who worked with asbestos don’t develop symptoms until decades later. Nonetheless, these individuals are generally able to seek compensation as long as they initiate legal action within three years from the date they were diagnosed.

Contact a qualified asbestos attorney as soon as you are diagnosed with mesothelioma or another asbestos-related condition. Even if you are not sure exactly when you were exposed or who is responsible, a lawyer has the resources to investigate your situation and determine the best course of action.

WHAT IF THE VICTIM HAS ALREADY PASSED AWAY?

The survivors of someone who died from mesothelioma or another asbestos-related disease may receive compensation by filing a wrongful death claim. Michigan’s filing deadlines in these cases are strict and often turn on when the disease was diagnosed, not only on the date of death. For example, if a person died two years after being diagnosed, the family may have little time remaining to file.

Therefore, the victim or a family member should consult an asbestos attorney as soon as a diagnosis is received, even if the victim is already terminally ill.

HOW LONG DOES IT TAKE TO RESOLVE A MESOTHELIOMA CLAIM?

Each mesothelioma case is different. Some cases are settled quickly, especially if the victim is terminally ill at the time the lawsuit is filed.

Other cases may take longer depending on certain factors, such as when a victim worked as a contractor for multiple companies that used asbestos. In those situations, the discovery (information gathering) phase is usually more involved.

DOES THE GOVERNMENT COMPENSATE MESOTHELIOMA VICTIMS?

Virtually every branch of the U.S. military used asbestos, resulting in high incidences of mesothelioma among veterans. Veterans are often estimated to make up about 30 percent of mesothelioma diagnoses.

Veterans who were exposed to asbestos during their service may be eligible for disability benefits and other assistance through the U.S. Department of Veterans Affairs.

For veterans who passed away from mesothelioma or an asbestos-related illness, the VA may provide burial expenses and monthly benefits for surviving spouses when the asbestos exposure is connected to military service.

In addition, veterans with mesothelioma, or their surviving spouses, may be able to file a civil lawsuit against the company (or companies) that supplied asbestos to the military. VA benefits and a civil claim are separate paths. A lawyer with experience handling asbestos-related claims will evaluate your individual situation and determine the most advantageous course of action for you and your family.

HOW DO VICTIMS RECEIVE COMPENSATION FOR ASBESTOS CLAIMS?

Victims of mesothelioma and other asbestos-related diseases typically seek compensation in one of three ways:

• Asbestos trust funds. Many former asbestos manufacturers set aside money in bankruptcy trust funds to pay current and future claims.
• Settlements. Many mesothelioma claims are resolved out of court through a negotiated settlement.
• Jury verdicts. If a case goes to trial, a jury may award damages, though there is also the risk of an unfavorable result.

While many mesothelioma claims are settled out of court, an experienced mesothelioma lawyer helps each client determine whether going to court is the right move based on the specifics of their individual situation.

HOW IS MESOTHELIOMA COMPENSATION DETERMINED?

Here are some of the elements used to determine compensation in a mesothelioma case:

• Diagnosis, including the type, severity and progression of the disease
• Level of exposure, including how long the person was exposed and whether companies knew of the danger
• Age and health of the victim
• Dependents who relied on the victim for financial or household support
• Inability to work, including lost income and the effect on the person’s ability to earn a living
• Location, because the court and applicable law can affect how a claim is valued

PUT OUR EXPERIENCED MESOTHELIOMA LAWYERS TO WORK FOR YOU

If you or a loved one has mesothelioma or another asbestos-related illness, contact a member of our experienced legal team today. Our knowledgeable mesothelioma lawyers know what it takes to win your case, and we are ready to fight for the compensation you deserve.

Get your case started today by clicking the button below to fill out a brief form or contact us for a free, no-obligation remote consultation from the safety of your home.