Types of Mesothelioma Claims
There are several types of mesothelioma claims. Depending on the company you wish to file against, some claim types will be more useful than others.
For example, major manufacturers of asbestos-containing products could not keep up with the large amount of lawsuits, so they declared bankruptcy and established trust funds. Bankrupt companies with trust funds can no longer be sued, but victims can receive compensation through an asbestos trust fund claim.
If the company did not file for bankruptcy — and is still in business — then they can probably be sued. A lawsuit is a legal claim that seeks compensation directly from the manufacturers that harmed you.
Personal Injury Lawsuit Claims
Personal injury mesothelioma claims must prove how major manufacturers of asbestos-containing products caused your illness.
This is done by presenting:
- A medical diagnosis of mesothelioma
- A doctor’s written statement linking your diagnosis to asbestos exposure
- Work history (if you worked at a company that used asbestos-containing products)
- Product history (if you used a product that contained asbestos)
Once the claim is submitted, an asbestos lawsuit begins. During these lawsuits, lawyers representing you will try to get compensation from major manufacturers of asbestos-containing products. Your lawyer and the manufacturers’ lawyers will build cases and try to reach an agreement.
Money from personal injury claims may cover the costs of medical treatments and other expenses, such as the emotional toll brought by a mesothelioma diagnosis.
Wrongful Death Claim
You may also be able to file a claim if someone you loved died due to mesothelioma. This type of claim initiates a wrongful death lawsuit.
Mesothelioma claims blame major manufacturers of asbestos-containing products for the victim’s death, as mesothelioma is almost always fatal.
Mesothelioma claims for wrongful death can help you and your family pay off the victim’s lingering medical bills and related expenses (such as burial and funeral costs).
Asbestos Trust Fund Claim
Larger manufacturers of asbestos-containing products declared bankruptcy and established trust funds, which legally prevented them from facing any more asbestos-related lawsuits. If the company that exposed you to asbestos is bankrupt, you may be able to seek compensation through an asbestos trust fund claim.
According to the RAND Institute for Civil Justice, asbestos trust funds contain millions — or even billions — of dollars to pay current and future mesothelioma victims.
Did You Know?
Trust funds rank different asbestos-related diseases based on eight “disease levels.” Mesothelioma claims are ranked the highest and award the greatest amount of compensation.
Asbestos trust funds review claims either through an expedited review or an individual review. Each process has its own criteria that must be met.
Through an expedited review, the trust fund determines if a claim is valid through a set of requirements. From there, the claim is paid based on a fixed value.
Expedited reviews may allow quicker payouts to claimants. Those operating the trust funds make the requirements for expedited review claims publicly available so all the needed evidence can be gathered ahead of time. If a claim meets all the pre-set requirements, it will not be disputed.
Fixed values from expedited reviews may not pay enough to cover all of a victim’s medical expenses, so, in these cases, the victim may request an individual review.
Through an individual review, the evidence is studied and the claim is then assigned a monetary value. Those who request an individual review typically want to get more money from an asbestos trust fund.
However, the new value may be higher or lower than the fixed value established by a trust fund, according to the according to the RAND Institute for Civil Justice.
Individual reviews also take longer to process than expedited reviews, as each case must be studied in greater detail to determine an accurate claim value. More in-depth medical and work records are usually needed as part of the individual review process too.