Sunday 27 May 2012

Do I Have a Mesothelioma Claim?

If you believe you have been injured or have suffered a severe side effect from asbestos exposure, you may be entitled to compensation. Only an experienced mesothelioma attorney in your state can advise you on whether or not you have a viable mesothelioma/asbestos exposure claim. Before finding an experienced asbestos lawyer in your area, you should organize your medical documents, receipts, and all paperwork related to your illness. If you have received any information from your employer or OSHA concerning asbestos in your workplace, please bring that to your consultation with your mesothelioma attorney.

Manufacturers and distributors of products that contain asbestos, like those in the construction or building trades, are required, by law, to protect workers and consumers from harm. When a product leads to injury, illness or death, those harmed have the right to file a lawsuit against the companies or individuals that made and distributed the product that caused the injury or illness.

Over the past few decades, more and more veterans and civilians have successfully pursued personal injury claims against the companies responsible for their asbestos diseases.� Family members of mesothelioma victims who have died as a result of pleural mesothelioma and other forms of the dreadful disease have been able to obtain substantial monetary compensation by filing wrongful death lawsuits.

To learn more about your legal rights, you should contact an experienced mesothelioma attorney in your area today. Laws, especially statutes of limitations, associated with asbestos-related lawsuits vary from state to state; a lawyer in your area can explain the statutes in your state at the time of your consultation.

Types of Mesothelioma Claims and Compensation

Compensation in mesothelioma cases is based on the details of the case, the parties involved, and the laws that apply to your situation. Depending on the specifics of your situation, your attorney will file a personal injury mesothelioma lawsuit, a wrongful death mesothelioma lawsuit, or even both.

It is best to find an attorney who specializes in mesothelioma lawsuits rather than a lawyer who focuses their practice on car accidents or medical malpractice. While these lawyers may be competent, mesothelioma cases require very intricate, specific knowledge of mesothelioma and asbestos, which not every personal injury attorney possesses. If you and your attorney file a personal injury lawsuit, compensation for the following will be sought:

  • Medical expenses
  • Loss of income
  • Lost prospects
  • Pain and suffering

Wrongful death lawsuits are filed only in the event a mesothelioma victim dies. While personal injury mesothelioma lawsuits are filed by or on behalf of the victim, a wrongful death mesothelioma lawsuit is filed on behalf of surviving family members. State laws and sometimes the will of the victim determine who is eligible for compensation in a wrongful death case.

Your case will depend on the facts and the parties involved. Many claims are settled out of court, which is the desired outcome for most people and attorneys, but sometimes the case will end up going to trial. For this reason, it is imperative to hire an attorney with litigating experience to get you the maximum award possible.

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