A mesothelioma claim is the lawsuit that is filed on behalf of an individual who has developed mesothelioma as a result of harmful exposure to asbestos. A mesothelioma claim is filed against the party who is responsible for the victim's exposure to asbestos. Mesothelioma claim defendants can be government organizations, manufacturers, employers, asbestos removal professionals, or any other party whose negligence contributed to harmful asbestos exposure.
At least six hundred thousand Mesothelioma claims have been filed in the United States alone. A mesothelioma claim can be filed by the victim or their loved ones in the event that mesothelioma has already claimed that person's life. A mesothelioma claim can help a victim or their loved ones to receive compensation for their losses including medical expenses, loss of income or earning potential, disability, and psychological suffering.
When considering a mesothelioma claim, there are some important things to consider. This first aspect to a mesothelioma claim is the statute of limitations that applies to the filing of a mesothelioma claim. Each state may have their own statute of limitations which restricts the amount of time a victim has to file a mesothelioma claim. Usually a statute of limitation begins at the point at which a person develops the injury. Because mesothelioma can remain dormant and asymptomatic for decades, the statute of limitations may begin at the point of diagnosis rather than the time of exposure. The statute of limitations for a mesothelioma claim can vary based on a number of factors, and therefore it is important to discover the laws applicable to your case.
To have a successful mesothelioma case, you must also be able to prove the exact source of the asbestos exposure, the party who is responsible for that exposure, and the exact damages that were suffered as a result of that asbestos exposure. A trained and experienced mesothelioma claim legal expert can help to determine these factors and develop a strong case to protect and maximize a victim's rights.
Because there have been so many mesothelioma claims filed in the United States, the federal government has considered the development of an asbestos bankruptcy fund. If this fund is created, victims of mesothelioma would no longer have the legal option to file a mesothelioma claim. Instead these victims would be eligible for compensation of their losses through this fund if they meet specific requirements. Critics of this asbestos fund legislation worry that many victims of mesothelioma will not be able to receive adequate compensation for their injuries under this law.
Under existing law, it is possible for a victim to file a mesothelioma claim to seek compensation for the damages they have suffered at the hands of those who failed to prevent harmful asbestos exposure. To learn more about your rights and options in a mesothelioma claim, please contact us to confer with a qualified and experienced mesothelioma attorney in your area.