Financial Recovery Options
Depending upon your individual situation, your case may be resolved in one or more of the following ways:
A. Pretrial Settlement
An out of court, negotiated agreement with asbestos manufacturers that can expedite your compensation process. The agreement reduces the level of medical and exposure criteria that are necessary at trial, and usually results in quicker compensation.
B. Claim Filed against Bankrupt Companies
If the responsible asbestos product manufacturers are under the protection of the bankruptcy courts, they may have a separate claim procedure. When funds are available from these bankrupt companies, the bankruptcy court establishes the claim procedure and the attorney's fees.
C . A Traditional Lawsuit
A lawsuit is filed against those companies who made the asbestos-containing products that caused your illness. In preparation for trial. During this process, many of the companies responsible will often agree to negotiate a settlement to avoid going to court.
Possible Sources of Financial Assistance
Legal Assistance
Mesothelioma lawsuits are divided into two categories - one, where the person suffering from mesothelioma is living (a personal injury case) and the second, where the person with mesothelioma has died (wrongful death case), and the plaintiff is a spouse, relative and/or representative of the deceased person's estate.
When the person who would normally be the plaintiff is deceased, an alternate individual (usually the spouse or a close relative) stands in as the plaintiff, and the injuries claimed include the loss of life itself. The most important part of a wrongful death case is locating persons who worked with the plaintiff to provide testimony that the deceased individual would have provided regarding work history and asbestos exposure.
With most of our mesothelioma patients, a lawsuit must be filed immediately in order to obtain sworn statements of work history, evidence of exposure and product identification, and the client's physical and mental condition.
If you or someone you love has recently been diagnosed with mesothelioma, we will help you understand the critical medical and legal issues surrounding mesothelioma diagnosis, treatment and financial recovery.
Manufacturers of Asbestos Products
The greatest amount of compensation can be recovered from the asbestos industry. Financial security for surviving family members is most often made possible by these awards that are frequently in the millions of dollars. In the past 2 years, most of the major asbestos manufacturing companies have filed for bankruptcy due precisely to these type of cases, and more are expected to follow. It is therefore important to move quickly once the decision to pursue recovery against a manufacturer is made.
Disability Insurance
Disability claims may be filed if one has such insurance either privately or through an employer.
Social Security Disability
Disability claims can be filed with the federal social security system.
Worker's Compensation
Only if asbestos exposure can be linked to a particular job-site can a worker's compensation claim be filed against an employer. It is also possible that a worker's compensation claim will conflict with the pursuit of other legal remedies, so it is advisable to consult with an attorney before pursuing this or any other avenue of monetary recovery.
Time Is Of The Essence
Not only does mesothelioma progress rapidly, but rules of legal procedure, known as STATUTE OF LIMITATION, require that a claim be filed within a short window of time from the date of initial diagnosis. If you wait too long, it may be impossible to recover for any of the financial, physical and emotional hardships, regardless of the amount and strength of the proof gathered.
