4 Types of Mesothelioma Claims
Nicole Winch | January 14, 2020
For most of the 20th century, many asbestos manufacturing companies hid the dangers of asbestos from their employees and the general public. They manipulated the hard-working American middle class for decades and took advantage of the trust bestowed in them.
Their actions were negligent, unethical, immoral and flat-out wrong. Fortunately, there are ways mesothelioma victims can hold these companies accountable.
As a victim of asbestos exposure, you are entitled to financial compensation from these malicious companies.
Here are the four types of mesothelioma claims your lawyer can file for you.
Personal Injury Lawsuits
Some companies continued to manufacture asbestos long after they knew of the health risks. These corporations should be held liable for the thousands of mesothelioma diagnoses each year in the United States. Personal injury claims are one such way to hold these companies accountable through mesothelioma compensation.
In a personal injury lawsuit, the person filing the claim is directly affected by mesothelioma. In most cases, if you have mesothelioma, then you are the only one who can file a personal injury claim.
In the large majority of cases, your lawyer will successfully settle your case outside of court. At BCBH Law, we have helped many patients file personal injury mesothelioma lawsuits and receive helpful settlements to offset the financial burdens caused by their disease.
Wrongful Death Lawsuits
Losing a loved one is painful, and even more painful is knowing that a company’s carelessness is the cause.
Approximately 3,000 people die each year from mesothelioma, and the family members are often left to struggle with financial debt, lost wages, funeral costs and emotional pain. These survivors should be compensated for the loss of their loved one.
When someone is killed as a result of another person’s or company’s actions, a wrongful death lawsuit is the appropriate legal action. Each state has differing rules for who can file a wrongful death mesothelioma lawsuit. In most states, this is limited to the spouse or surviving dependents.
At BCBH Law, we know that losing a loved one due to mesothelioma can have a significant impact on you and your family. Our lawyers take the stress out of filing a lawsuit and will handle every part of the process.
Asbestos Trust Funds
Many asbestos companies that faced lawsuits tried to free themselves from future legal claims. They filed for bankruptcy in an effort to avoid paying victims. However, the courts ordered them to set aside funds as a way of protecting future claimants. These asbestos trust funds were established so that victims of asbestos-related illnesses could receive the financial support they deserve. There are currently around 60 asbestos trust funds, which have paid billions of dollars to mesothelioma patients since 2006.
Patients can use this compensation to pay for medical treatments, lost wages and other unforeseen expenses. If you have been diagnosed with mesothelioma, the lawyers at BCBH Law can help you file a claim against one of these trust funds.
Thousands of veterans were exposed to asbestos while serving in the United States military. This toxic substance was most commonly found in barracks, on ships and on aircrafts. To help these brave service members, the U.S. Department of Veterans Affairs (VA) provides compensation to veterans who have been affected by mesothelioma. Depending on the situation, there are two compensation options: VA Pension or VA Disability Compensation.
VA Pension compensation is a tax-free monthly payment available to veterans who have mesothelioma that is unrelated to their service. Whether they were exposed to asbestos before or after their time in the military, they still served our country bravely and deserve financial support.
Veterans may also be eligible for VA Disability Compensation, which is specifically for those whose disease is connected to asbestos exposure during their service. Once qualified, veterans receive a tax-free monthly payment independent on their income at the time of filing
As a victim of asbestos exposure, you are entitled to compensation for the damages done to your health. The lawyers here at BCBH Law will be able to evaluate your case and recommend the best course of action for you and your family. Taking legal action won’t erase you or your loved one’s mesothelioma diagnosis, but it will help reduce the financial burden on you and your family.
- Mesothelioma: StatisticsAmerican Society of Clinical Oncology Retrieved from: https://www.cancer.net/cancer-types/mesothelioma/statistics. Accessed: 01/10/20.
- Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest TrustsRAND Institute for Civil Justice Retrieved from: https://www.rand.org/pubs/technical_reports/TR872.html. Accessed: 01/09/19.