Asbestos Lawsuit Options

Should you decide to file an asbestos lawsuit, know that there are several options available to you. An experienced asbestos lawyer will help you choose the option that’s best for you, based on your circumstances.

Filing Your Claim

Personal injury claims are filed whenever an individual has been diagnosed with an asbestos-related disease, the most common of which is mesothelioma. Because these diseases often do not manifest until years after the exposure to asbestos has taken place, courts have allowed the statute of limitations to begin once the disease has been diagnosed.

Unfortunately, victims of mesothelioma and other asbestos-related illnesses sometimes pass away before a claim can be filed, or before a filed claim is resolved. In those instances, the victim’s family has the right to file a wrongful death claim. Compensation received from these claims can help families pay medical bills, funeral costs, and help support children who have lost a parent.

Learn more about mesothelioma claims.

Other Options

How did your exposure to asbestos occur? Was it on the job? Did it happen while you were serving in the armed forces? Details such as these can affect how you go about filing your claim.

Litigation
Litigation can be the most straightforward way to pursue a claim for an asbestos-related illness. In these instances, you’re often filing a claim against a manufacturer that used asbestos in its products, or a company that failed to warn its employees or customers about asbestos hazards. The successful litigation of your case may result in compensation for damages such as medical expenses, and pain and suffering. There are other forms of damages you may be able to seek compensation for, and your asbestos lawyer will help determine which you should pursue.

Workers’ Compensation
If you are suffering from an asbestos-related illness as a result of your job, you may be eligible to receive workers’ compensation. In cases where asbestos exposure occurred on the job, claims can be filed either against the employer or the manufacturer of any asbestos-related products you may have been using. Workers’ compensation laws can vary wildly from state to state, and an experienced asbestos lawyer will help you make sure you take the steps that will be most beneficial to your case.

Veterans Benefits
Veterans of the armed services have been found to be at higher risk of developing asbestos-related illnesses. This is due to the use of asbestos in shipbuilding materials and other equipment used by the military. Veterans suffering from mesothelioma and other asbestos-related sicknesses have the right to seek compensation for their condition. Those meeting certain requirements may be eligible for disability compensation, or for a VA pension. More information can be found by contacting the U.S. Department of Veterans Affairs, visiting the VA Benefits page or by asking your asbestos lawyer.

Bankruptcy Trusts
Several companies that manufactured or sold asbestos-related products have declared bankruptcy. In many cases, these companies – either on their own or after being ordered to by a court – have created mesothelioma compensation funds, also known as bankruptcy trusts. These funds can be drawn from to help those who are suffering from asbestos-related illnesses and whose symptoms may not manifest until years after a company has gone bankrupt.

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