Who Is Eligible for Mesothelioma Compensation?

Who Is Eligible for Mesothelioma Compensation?

Mesothelioma is a rare but aggressive form of cancer primarily caused by asbestos exposure. It affects thousands of individuals and families each year. You may be eligible for compensation for mesothelioma if you or a loved one was recently diagnosed. Successful mesothelioma claims can compensate victims who suffered asbestos exposure and the surviving family members of those who lost a loved one due to mesothelioma. 

Read on to learn more about mesothelioma compensation eligibility, potential avenues of recovery, and tips for navigating this challenging time.

The Link Between Mesothelioma and Asbestos Exposure

Asbestos fibers can become airborne and, when inhaled, can lodge in the lungs, abdomen, or heart lining. Over time, these fibers can cause inflammation and scarring, leading to the development of mesothelioma.

Occupations with a higher risk of asbestos exposure include construction, shipbuilding, automotive manufacturing, and the military. However, secondhand exposure is also possible, as asbestos fibers can cling to clothing and be brought home. This situation potentially leads to additional mesothelioma compensation for family members who develop mesothelioma as a result.

Determining Eligibility for Mesothelioma Compensation Claims

If you or a loved one has been diagnosed with mesothelioma, the first step in determining compensation eligibility is establishing a connection between the disease and asbestos exposure. Gather medical records, employment history, and other relevant documentation to support your claim.

Eligible parties may include the following:

  • Individuals diagnosed with mesothelioma. If you have been diagnosed with mesothelioma and can prove a link to asbestos exposure, you may be eligible for compensation. Damages include compensation for medical expenses, lost wages, and pain and suffering.
  • Family members of deceased mesothelioma patients. If your close family member passed away due to mesothelioma, you might be eligible to file a wrongful death claim. Compensation in such cases can help surviving family members cope with the unexpected financial strain of funeral expenses and loss of financial support.
  • Individuals with secondary asbestos exposure. If you developed mesothelioma due to secondhand asbestos exposure, such as through contact with a family member who worked in an at-risk occupation, you may also be eligible for compensation.

If you think you may be eligible for mesothelioma compensation, it’s important to reach out to an attorney for assistance.

How to Get Mesothelioma Compensation

Depending on your circumstances, you can seek compensation for mesothelioma through several avenues. Options include personal injury lawsuits, wrongful death lawsuits, asbestos trust fund claims, and Veterans Affairs (VA) claims. Mesothelioma compensation amounts will vary depending on the claim type and circumstances surrounding your diagnosis.

Personal Injury Lawsuits

If you receive a mesothelioma diagnosis, you may file a personal injury lawsuit against the company or companies responsible for your asbestos exposure. An experienced mesothelioma attorney can help you navigate the claims process and determine the best course of legal action.

Wrongful Death Lawsuits

If a loved one has passed away due to mesothelioma, you may be eligible to file a wrongful death lawsuit against the company that caused their disease. This type of claim seeks compensation for damages the surviving family members have suffered as a result of their loss, such as funeral expenses, lost income, and emotional distress. Eligibility to file a wrongful death lawsuit will depend on your state’s laws.

Asbestos Trust Fund Claims

Some companies that are liable for asbestos exposure have gone out of business. Federal law requires any company associated with asbestos exposure that is seeking bankruptcy to establish trust funds to compensate individuals diagnosed with mesothelioma. These trust funds often have specific criteria for eligibility and require substantial documentation to support your claim.

Veterans Affairs (VA) Claims

Veterans that were exposed to asbestos during their military service and subsequently developed mesothelioma may be eligible for compensation through the VA. This compensation can include disability benefits, specialized healthcare, and other forms of support.

Tips for the Mesothelioma Claims Process

Filing a claim can be complex and emotionally challenging. To improve your chances for compensation, here are some helpful tips to remember. 

Seek Guidance

Consult an experienced mesothelioma attorney specializing in asbestos-related claims. Contact our skilled legal team at Flint Cooper if you’re in Illinois or Kentucky. We can provide invaluable advice, guide you through the legal process, and help you maximize your compensation.

Gather Necessary Documentation

To support your claim, you will need to provide medical records, employment history, and any other relevant documentation that demonstrates the link between your mesothelioma diagnosis and asbestos exposure. Be thorough and organized in your record-keeping to ensure a smoother process.

Be Mindful of Deadlines

Each state has a statute of limitations deadline for filing mesothelioma claims. Trusts also have their own requirements. Be aware of these deadlines and file your claim promptly to maintain your right to compensation.

Be Patient and Prepared

The mesothelioma claims process can be lengthy and emotionally taxing. Expect delays and remain patient, knowing that your attorney is looking out for your best interests.

The emotional burden of a mesothelioma diagnosis and the claims process can be overwhelming. Seek emotional support from friends, family, or professional counselors to help you cope during this challenging time.

Contact an Asbestos Litigation Lawyer Today

If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, contact Flint Cooper today. We have the skills, experience, and resources to help you pursue all avenues of recovery for a mesothelioma diagnosis. We recognize what a terrifying and stressful time this is for you and your family. Let our skilled legal team help you hold all responsible parties accountable for your asbestos exposure. Schedule a consultation with our office today to learn more about how to obtain compensation for a mesothelioma diagnosis.

About the author:

Ethan Flint

Ethan is a founder and managing partner of Flint Cooper, a law firm specializing in complex litigation. Ethan has extensive experience in personal injury cases, representing clients injured by asbestos, defective pharmaceuticals and medical devices, and leads the firm’s government takings practice.

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