1-800-706-5606

Mesothelioma Claims: Need Help Getting Started?

Asbestos Mesothelioma Claims & Settlements

The care provided by mesothelioma practitioners does not come cheap, but it is essential. Many people wonder about how they can possibly keep up with their medical bills, particularly as the illness often strikes those who have already retired, and if they hadn’t retired the disease and its effects forces the mesothelioma patient to stop.  Because of the expenses, the loss of income and other impacts of the disease, many mesothelioma patients file mesothelioma claims for compensation for their expenses.

Different Types of Claims

There are a number of different types of mesothelioma claims that a person that has been diagnosed with mesothelioma can file. These include:

  • Bankruptcy Trust Claim

  • Personal Injury Claim

  • Wrongful Death Claim

  • Workmen’s Compensation or Veterans’ Benefits Claim

An experienced mesothelioma law firm can assist you in determining which type of claim will be most beneficial for your particular situation. The attorneys at Danziger & De Llano have been helping mesothelioma victims make this type of decision for decades; we can help you too.

Bankruptcy Trust Claim

Asbestos bankruptcy trust is set up when a company that has been found to be responsible for many asbestos exposures. There are many companies that have faced litigation so many times that they filed for bankruptcy in order to regain their financial stability and find a way to pay their victims’ expenses in a more controlled and predictable way.

When a bankruptcy trust claim is filed there is no court proceeding. The patient’s information is provided and a formula is used to determine the amount of compensation that will be paid out.

As it became more and more evident that the asbestos companies had been negligent and could be held liable for the damages suffered by those who they had exposed to the deadly carcinogen, more and more victims began to file lawsuits. In an effort to escape from the financial impact of having to pay mesothelioma claims, many companies attempted to shield themselves by filing for bankruptcy. Mesothelioma advocates and the courts recognized that these bankruptcy actions, if allowed, would rob victims of the compensation that they deserve, so they required asbestos companies seeking bankruptcy protection to establish asbestos bankruptcy trusts that set aside funds for those who might be diagnosed with mesothelioma or other asbestos-related diseases in the future.

There are dozens of companies that have established these trusts, and filing a claim against them eliminates the need to go through a court proceeding or lawsuit. The process of filing a mesothelioma claim against an asbestos bankruptcy trust is simple and straightforward. A mesothelioma lawyer can assist you in determining whether the company or companies that were responsible for your asbestos exposure have established an asbestos bankruptcy trust. If they have, the claim is filed by providing specific information about your exposure and the severity of your illness. The trust administrators then follow an established procedure to determine the compensation that you will receive.

Personal Injury Claim

A personal injury claim is filed when one party is responsible for the injuries done to the other. In the case of exposure to asbestos, it has been established that many companies that exposed their employees or clients to the substance were aware of its dangers, but chose not to warn them or do anything to protect them.

As a result, these companies have been found to be responsible for the harm that was done and have been made to pay for victims’ medical expenses, lost wages, and pain and suffering. A personal injury claim is filed through the courts, and is either tried before a judge and jury or settled out of court.

Wrongful Death Claim

When a mesothelioma victim dies before they are able to file a personal injury claim for their expenses and other damages, their surviving family members are able to file a similar lawsuit for the wrongful death of their loved one. A wrongful death mesothelioma claim pursues compensation for the same types of expenses that a personal injury claim would have had the person lived long enough to file it, and like a personal injury claim, it is also filed through the courts.

Workmen’s Compensation or Veterans Benefits Claims

Another option for those who have been diagnosed with mesothelioma after having been exposed to asbestos on the job or while serving in one of the branches of the United States armed forces is to file a workmen’s compensation claim or file a claim for benefits from the Veterans Affairs Administration.

Traditionally these two types of claims provide lower compensation then an asbestos bankruptcy trust claim, a personal injury claim or a wrongful death claim.

Which Mesothelioma Claim is Right For You?

There are a variety of advantages and disadvantages to pursuing each type of mesothelioma claim, and the best thing that you can do to make certain that you are making the correct decision for yourself and for your loved ones is to consult with an experienced mesothelioma law firm.

The law firm of Danziger & De Llano has been advising and representing mesothelioma victims for over two decades. We are familiar with each kind of mesothelioma claim and can discuss the pros and cons with you so that you can make an informed decision.

Statute of Limitations for Filing a Mesothelioma Claim

If you are considering filing a mesothelioma claim, it is important that you understand that there are very specific time limits that each state places on your window of opportunity for filing. Those who have been diagnosed but who wait to file a claim run the risk of losing their ability to get the compensation that they deserve. In some cases, you may be restricted to filing in your state of residence or in the state where you were employed. Your mesothelioma attorney can provide you with specific advice as to where you are able to file your claim and what the statute of limitations is for that state, but here is a summary of the most current information on the statute of limitations that exist in the United States:

  • Alabama: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Alaska: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Arizona: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Arkansas: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • California: Personal injury lawsuits need to be filed within one year of diagnosis and wrongful death lawsuits need to be filed within one year of death.
  • Colorado: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Connecticut: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Delaware: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • D.C.: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within one year of death.
  • Florida: Personal injury lawsuits need to be filed within four years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Georgia: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Hawaii: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Idaho: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Illinois: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Indiana: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Iowa: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Kansas: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Kentucky: Personal injury lawsuits need to be filed within one year of diagnosis and wrongful death lawsuits need to be filed within one year of death.
  • Louisiana: Personal injury lawsuits need to be filed within one year of diagnosis and wrongful death lawsuits need to be filed within one year of death.
    Maine: Personal injury lawsuits need to be filed within six years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Maryland: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Massachusetts: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
    Michigan: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Minnesota: Personal injury lawsuits need to be filed within four years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Mississippi: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Missouri: Personal injury lawsuits need to be filed within five years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
    Montana: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Nebraska: Personal injury lawsuits need to be filed within four years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Nevada: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • New Hampshire: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • New Jersey: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • New Mexico: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • New York: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • North Carolina: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • North Dakota: Personal injury lawsuits need to be filed within six years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Ohio: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Oklahoma: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Oregon: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Pennsylvania: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Rhode Island: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • South Carolina: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death
  • South Dakota: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Tennessee: Personal injury lawsuits need to be filed within one year of diagnosis and wrongful death lawsuits need to be filed within one year of death.
  • Texas: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Utah: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Vermont: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Virginia: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Washington: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • West Virginia: Personal injury lawsuits need to be filed within two years of diagnosis and wrongful death lawsuits need to be filed within two years of death.
  • Wisconsin: Personal injury lawsuits need to be filed within three years of diagnosis and wrongful death lawsuits need to be filed within three years of death.
  • Wyoming: Personal injury lawsuits need to be filed within four years of diagnosis and wrongful death lawsuits need to be filed within three years of death.

Frequently Asked Questions

Filing a mesothelioma claim can be an intimidating experience, and many who are considering doing so have a lot of questions that they need answered. Here are some of the questions that our clients ask us most frequently:

Can I file a mesothelioma claim without the help of a mesothelioma lawyer?
Yes, you are certainly able to do so legally, but it is not advisable. Having a mesothelioma lawyer working on your behalf ensures that your claim will be properly prepared and will contain all of the important supporting documentation that is needed to prove your case. It is also important to remember that the asbestos companies that you will be accusing of negligence will have highly-experienced, aggressive attorneys working on their behalf to argue against your claim. An asbestos lawyer will prove to be a valuable asset and will greatly enhance your ability to get the compensation that you deserve,

Are mesothelioma claims only available to the person diagnosed with the condition, or can their family member file a claim too?
Family members and dependents of mesothelioma patients are able to file claims if they have suffered damages as a result of their loved one’s illness. They are also able to file wrongful death claims if their loved one dies.

Can you explain what a wrongful death claim is?
A wrongful death claim is a type of personal injury claim submitted by the family member or dependent of a person who died as a result of negligence. Family members and survivors are able to claim loss of companionship, loss of parental guidance, loss of financial support, as well as for medical expenses, funeral and burial costs, and lost wages,

Who are the lawsuits filed against and who provides the payment if I win?
The defendants in a mesothelioma lawsuit can include asbestos companies, manufacturers, suppliers and individuals that exposed the mesothelioma victim to asbestos. They generally pay the compensation, though sometimes their insurance companies provide the payment.

I was exposed to asbestos so many years ago that I don’t even know when it happened or who was at fault. How can I file a mesothelioma claim?
There is a wealth of information available about asbestos exposure that occurred in the United States. Much of it comes from previously-filed lawsuits. Asbestos lawyers have extensive resources to help track down the source of asbestos exposure.

What is my mesothelioma claim worth?
This is the question that we are asked most frequently, and it is the most difficult to answer. There have been billions of dollars awarded to mesothelioma claimants and there are billions more that are likely to be paid out, but every claim is different. Much will depend upon how and where you were exposed, what type of claim you file, and what your age and condition is at the time that you file. Your mesothelioma attorney will be able to analyze the specifics of your case and give you a better idea of what you can expect.

What if I know that I was exposed to asbestos, but haven’t been diagnosed with any asbestos-related diseases? Can I still file a mesothelioma claim?
The answer to that question depends upon where you live in the country, as there are some states that permit those exposed to asbestos to file for compensation despite the lack of a diagnosis, and others require that a specific diagnosis be established before a claim can be initiated.

What is the timeline of a mesothelioma claim? How long should I expect the process to take?
Every lawsuit is different, and much will depend upon whether the asbestos company offers a settlement or chooses to fight against your claim. Settlements generally resolve much more quickly. Cases can close in a matter of months, while others take years.

What are punitive damages, and is there a chance that they can be awarded in my case?
Punitive damages are intended to send a message to defendants that are found guilty. They are punishment. Not all states permit punitive damages to be awarded.

My spouse died before filing a personal injury mesothelioma claim. Does that mean that I can’t file a wrongful death claim?
Generally speaking, a wrongful death claim does not require that a personal injury claim precedes it. That being said, it is important to remember that there is a statute of limitations in place for filing a wrongful death claim, so you need to speak to a mesothelioma lawyer as soon as possible to make sure that you are eligible to file a claim.