Filing a claim is an important step to take if you or your loved one has been diagnosed with mesothelioma. Through mesothelioma claims, you may be eligible to receive compensation from manufacturers of asbestos-containing products. Compensation can help pay for the high cost of mesothelioma treatment, provide financial security for your family, and hold the companies that caused your cancer accountable. The best way to pursue a claim is by working with an experienced mesothelioma law firm like Sokolove Law.
Why File a Mesothelioma Claim?
Mesothelioma claims help patients and their families access monetary compensation from manufacturers of asbestos-containing products after a mesothelioma diagnosis.
Manufacturers of asbestos-containing products were found to be directly responsible after thousands of people were diagnosed with mesothelioma. Evidence shows many of these companies knew the health risks of asbestos exposure but continued to manufacture asbestos-containing products to make a profit.
With the help of a mesothelioma law firm like Sokolove Law, you and your family may be able to receive money from these companies.
This compensation may help pay for:
- Past and future medical costs
- Costs associated with hiring home help or caretakers
- Counseling or emotional therapy
- Physical therapy
- Wages lost to inability to work
- Everyday living expenses
- Financial security
- Prescriptions and medicine
- Funeral and burial costs
When you work with Sokolove Law, you’ll be represented by experienced mesothelioma lawyers who use their legal experience to fight for justice on your behalf.
Hold these companies accountable, and contact Sokolove Law to file a mesothelioma claim today.
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Mesothelioma Claim Amounts
If you’ve been diagnosed with mesothelioma, you or your family may be able to pursue personal injury or wrongful death lawsuits. These suits are typically settled out of court for around $1-2 Million, though the amount of compensation varies from case to case.
Asbestos companies have set aside over $30 Billion in court-ordered asbestos bankruptcy trusts for those diagnosed with mesothelioma and other asbestos-related diseases. That amount is expected to grow as more people are diagnosed.
3 Main Types of Mesothelioma Claims
Many people have been affected by mesothelioma, and though cases vary widely, most mesothelioma claims fall under three broad categories. An experienced attorney can help determine your eligibility for each of the following claim types.
Personal Injury Claims
Through a personal injury claim for mesothelioma, a victim of asbestos exposure can sue the manufacturer of asbestos-containing products that caused their debilitating cancer. This type of claim allows victims to seek financial compensation and hold these negligent companies accountable.
Typically, personal injury claimants seek compensation for:
- Pain and Suffering: In some cases, a routine check-up can lead to a fatal mesothelioma diagnosis. Nothing prepares someone for the overwhelming physical and emotional toll mesothelioma takes on a person’s body and a family’s welfare.
- Medical Expenses: Surgery, chemotherapy, and other cancer treatments are very expensive. The asbestos-containing product manufacturer at fault should pay for treating the cancer they caused.
- Travel Expenses: Mesothelioma patients can sometimes be forced to travel for medical care or clinical trials. Whether they are meeting with a specialist for treatment or something else, the costs add up rapidly.
- Loss of Consortium: A spouse suffering from mesothelioma is not going to be able to provide or experience many marital benefits. Though hard to quantify, loss of consortium claims are generally much higher in personal injury lawsuits than in wrongful death lawsuits.
- Lost Wages: Those suffering from mesothelioma will be forced to miss a lot of work, and eventually, they will not be able to work at all. One of the main reasons people file mesothelioma claims is to recoup the income they lost during sickness and treatment, as well as income they would have earned in the future.
- Punitive Damages: The purpose of punitive damages is to punish the wrongdoer and send a message to others who would continue to violate the law. These damages may be added to the award a victim receives after a successful mesothelioma lawsuit verdict.
To learn more about filing a mesothelioma personal injury lawsuit, get a free case review today.
Wrongful Death Claims
Wrongful death claims for mesothelioma are brought against companies whose negligence resulted in someone’s needless exposure to asbestos and caused their death.
When someone dies from mesothelioma, their spouse, partner, child, parent, or whoever has been appointed as the estate representative has the power to work with an attorney to file a wrongful death lawsuit against the company on behalf of their loved one’s estate.
Most often, mesothelioma claims after death seek compensation for:
- Medical Bills: The costs related to mesothelioma are significant and threaten to drive any family into debt, regardless of how well they are prepared.
- Lost Income Potential: Families of mesothelioma victims face the dilemma of unforeseen and unavoidable health expenses at the same time the patient can no longer work.
- Loss of Consortium: In most jurisdictions, spouses may seek compensation for the loss of marital benefits as a result of their partner’s mesothelioma. The deceased is not the only person affected by asbestos-related corporate negligence, and those suffering the fallout have legal rights.
- Funeral Expenses: Burial, cremation, embalming, headstones, and other services associated with traditional funerals come with a huge total price tag. Funeral costs quickly exceed $10,000 for many families.
Asbestos Trust Fund Claims
Many mesothelioma and asbestos-related illness victims file claims through an additional option, known as “asbestos trust funds.”
Now totaling an estimated $30 Billion, these special trust funds were created when the courts forced asbestos-containing product manufacturers on the verge of going bankrupt to set aside money to compensate current and future victims of asbestos exposure.
As more and more asbestos lawsuits were filed, many manufacturers declared bankruptcy in an attempt to not pay and shirk responsibility. As part of their bankruptcy court order, these companies were required to establish asbestos trust funds as a remedy.
In a way, these funds now exist as an acknowledgment of wrongdoing on behalf of companies that exposed thousands of people to asbestos.
Some companies that have been forced to establish trusts include:
- Armstrong World Industries
- ASARCO LLC
- Combustion Engineering
- Harbison Walker Refractories Company
- Johns Manville
- Owens Corning
- United States Gypsum Company
Asbestos trust funds offer financial support to victims with an asbestos-related disease of any kind (like lung cancer or asbestosis), so long as the attorney filing the asbestos claim can provide sufficient proof of exposure linked to one — or several — of these bankrupt companies.
At Sokolove Law, the mesothelioma attorneys who represent you will assist in identifying all exposures to ensure you maximize your benefits from any available trusts.
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Who Can File a Mesothelioma Claim?
- Patients: Mesothelioma claims are complex and are best done with the assistance of an experienced mesothelioma attorney. Sokolove Law has been successfully helping victims of asbestos exposure file claims for decades.
- Family members: Family members may also file mesothelioma claims on behalf of a loved one if the patient is too sick to file. In order for a family member to file on their loved one’s behalf, they must have the legal authority to do so by being appointed by the court.
- Estates: Estates are the bundle of assets left behind when someone dies. One such asset is the legal claim. Those who oversee the estate can file a claim after the patient has died to protect these assets. They can also continue legal action started by the patient. Ultimately, the job of the estate representative is to maximize the value of the estate for the heirs.
Mesothelioma VA Claims for Veterans
The U.S. Department of Veterans Affairs (VA) may accept mesothelioma claims if the asbestos exposure was service-related. Veterans or immediate family members can also file a separate lawsuit directly against the manufacturers of asbestos-containing products.
Asbestos companies actively worked to downplay the dangers of their products. They misled the U.S. military by hiding their knowledge of the severe health risks associated with asbestos.
Veterans frequently pursue both VA benefits and mesothelioma claims to cover the expenses of their mesothelioma treatments and to receive the compensation they have earned. Filing a VA claim does not affect a victim’s ability to file a mesothelioma lawsuit.
Step-by-Step of the Mesothelioma Claims Process
While there is no universal approach — each person’s case is unique — filing a successful mesothelioma lawsuit has several essential steps.
1. Contact Sokolove Law
There is no substitute for hiring a national mesothelioma law firm like Sokolove Law, staffed by people who have dedicated their lives to defending families debilitated by asbestos. We are equipped on day one, ready to represent you in any state necessary to maximize your compensation. Get in touch with us today for a free legal consultation.
2. Compile Documents and Materials
We will meet with you and find out the basic elements of your exposure history. Many people are exposed to asbestos 20-50 years before they are diagnosed, so the task of collecting evidence to support mesothelioma claims can be difficult to do alone.
Sokolove Law specializes in locating the specific medical records and employment documents to back your testimony. We have our own warehouse of asbestos exposure evidence and a database of asbestos-containing products and known sites of exposure. It’s even possible that we’ve represented someone from the same or similar jobsite as your claim.
3. File Your Claim With the Help of Your Dedicated Legal Team
After collecting all of the necessary documentation, Sokolove Law will send a demand letter to the defendant(s), asking them to pay voluntarily. If they say no, we will file the lawsuit in the court that best fits your specific claim.
Because statutes of limitations vary across the country, the best state for you to file in may not be the one in which you live. But don’t worry — we’ll figure all of that out for you.
4. Allow Sokolove Law to Fight for You
If a company you file against denies the claim in their answer, both sides will enter the discovery phase where they will gather evidence to support their mesothelioma cases.
The defendant will deny responsibility, seek to undermine your credibility, and tie your mesothelioma to causes for which they are not liable. Sokolove Law has seen all of these tactics before. We will support every assertion made in your complaint with facts, leaving the defendant no option but to offer a settlement.
If, for whatever reason, the defendant wants to try the case, Sokolove Law is prepared to fight for you.
5. Accept a Mesothelioma Settlement or Negotiate for More Compensation
Most mesothelioma claims are settled after the completion of the discovery phase when the trial date is approaching. It is the fear of a trial that generally causes the parties to settle. Decades of asbestos litigation give both sides a sense of the eventual outcome, and usually an agreement can be reached before the case goes to trial.
In the event that a company refuses to settle, or offers a lower mesothelioma settlement amount than you and your lawyer agree on, you may consider going to trial, but this is very rare.
Sokolove Law always works in your best interest to maximize your compensation, minimize your stress, and get justice on your behalf.
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Statute of Limitations on Mesothelioma Claims
People considering mesothelioma claims need to be aware of statutes of limitations, which prevent people from filing if too much time has gone by.
States have different statutes of limitations for mesothelioma claims. Some give you as little as one year to file, so it’s crucial to act quickly.
Calculating the statute of limitations for your case is complex. Ultimately, the best — and only — way for families to know how long they have to file a mesothelioma claim is by working with an experienced law firm like Sokolove Law.
Even if you think the time limit has already passed, contact us. Don’t just give up, because in many instances, there’s still time.
Work With Sokolove Law, a Trusted, National Mesothelioma Law Firm
Asbestos litigation pits individuals harmed long ago by asbestos exposure against companies with virtually unlimited legal resources.
There is only one way to even the fight: Contact Sokolove Law, a national mesothelioma law firm that brings decades of experience representing the interest of families harmed by mesothelioma.
Sokolove Law has the resources and experience to help determine your legal options and guide you through the legal process. In more than 40 years of advocacy, we have recovered billions of dollars for our clients. This mesothelioma compensation has helped them to receive care and allowed their families to carry on.
Sokolove Law is here to fight on your behalf — get a free case review now.