When a Los Angeles resident has been diagnosed with malignant mesothelioma, they are suddenly faced with the realities that come with a terminal illness. In addition to the tragedy of a shortened life, they are also burdened with medical expenses that quickly become overwhelming. Though the situation may feel hopeless, mesothelioma victims are able to file mesothelioma claims seeking compensation for those expenses, as well as for lost wages and the other costly aspects of the disease.
There are several different types of claims that can be filed by a person diagnosed with mesothelioma, including personal injury and product liability claims, claims for veterans’ benefits, and workers’ compensation claims.
If you believe that you are eligible to file a claim for an asbestos-related disease, there are a few things you need to know. These include:
• Where you were exposed to asbestos and under what circumstances
• When you were exposed to asbestos and what the duration of your exposure was
• What the impact of your asbestos exposure has been. What is your diagnosis? How has it affected your abilities or your quality of life?
Many people who are diagnosed with asbestos-related diseases do not have the answer to all of these questions. If you don’t know where your illness came from, that won’t affect your ability to file a mesothelioma claim. At Mesothelioma Hope, we have extensive resources that will allow us to compare your work and personal history to known sources of asbestos exposure, even those that may have occurred inside of your home or during your childhood. We will carefully pinpoint the source or sources of your exposure.
One of the most important things for anybody who has been diagnosed with mesothelioma or any other asbestos-related disease to know is that you have a limited amount of time in which to file a mesothelioma claim. In the state of California, the Statute of Limitations for filing a personal injury lawsuit is 1 year from the time that you are diagnosed with the disease; if you are a family member considering filing a wrongful death mesothelioma claim, the limit is one year from the date of death.
Personal Injury Claims
Personal injury claims allow a person who has suffered some type of harm – in the case of a mesothelioma claim it would be the mesothelioma diagnosis and all of its consequences – to pursue compensation for the damages that they have suffered. These damages could include:
• Medical expenses, past, present and future
• Lost wages or other income, including lost future wages
• Pain and suffering
Family members are also able to file mesothelioma claims after their family member has passed, for the following damages:
• Loss of income
• Medical costs
• Funeral expenses
Claims Against Asbestos Bankruptcy Trust Funds
Mesothelioma victims are able to submit mesothelioma claims to the asbestos bankruptcy trust funds that have been set up by asbestos companies that were required to set up these funds before being able to successfully file for bankruptcy protection. There are roughly 60 of these trusts, and filing a claim has a standardized process that is generally resolved quickly for those who meet the specific criteria of the individual trust.
Veterans’ Mesothelioma Claims
Roughly one third of all mesothelioma victims in the United States are veterans of the United States military. This is a result of the U.S. Armed Forces’ extensive use of construction, equipment and other application that included asbestos in their fabrication for the specific purpose of protecting the service people from heat and flame. Though veterans are not able to pursue legal action against their service branch for their asbestos-related illness, they are entitled to benefits from the Department of Veterans Affairs as long as they were not dishonorably discharged.
People who have been diagnosed with malignant mesothelioma following exposure to asbestos in their workplace are generally able to file workers’ compensation claims against their employer or former employer, even if they have retired. The benefits available through workers’ compensation are limited to their actual expenses and a portion of their wages, but these employees are also able to file personal injury claims or asbestos bankruptcy trust claims against the suppliers or contractors that were involved in their exposure to asbestos in the workplace.
Learn More About Filing a Mesothelioma Claim
If you are in the Los Angeles area and need information about filing a mesothelioma claim, we can help you get the information that you need so that you'll be able to make all the right choices about your treatment regimen. Call us today for more info or complete the form.