The news that you have been diagnosed with mesothelioma can be painful to digest. If you are diagnosed with mesothelioma, it can be hard to accept the information. But your pain and suffering have a basis; in fact-most patients who contract this illness do so without fault of their own.
Asbestos handling companies are to blame. For instance, if you worked for one of them over the last few years and now suffer from mesothelioma, then chances are you deserve a claim. So how can you fight a mesothelioma claim? Here’s what you need to know:
When you file a lawsuit, you’re holding a company responsible for what it did. Suing is not easy for any company to handle. It hits their reputation and may cause them severe monetary loss trying to conclude the case. If you’re looking to file a lawsuit, you need to consult a lawyer. These professionals will guide you in the process of submitting a claim.
These include offering all your medical records, including the diagnosis. The judgment can roll in your favor if the court can confirm that you contracted mesothelioma from the company. So it would help if you submit all the reports your doctor made, including mesothelioma treatment options, to get an idea of the cost. Lawsuits operate under two banners are as follows:
- Personal Injury Lawsuits. If you go for this option, you use a company for what they did. It will help the court if you submit your diagnosis and mesothelioma treatment costs to strengthen your case. If the court ruling falls in your direction, you get the right to win money. This money can help you pay your treatments and medical bills and receive punitive damages. This is the court’s way of punishing the defendant.
- Death Claims. If you know someone you passed from mesothelioma, you can file a case on their behalf. The purpose of these cases is to help the family left behind get compensated for cancer expenses. You can submit a claim through your lawyer stating how the person died, followed by their prognosis. If you win the case, you get eligible for the money.
- Trust Funds
Trust funds are set in place by companies who filed for bankruptcy. These institutions have little money, which they pay to every victim. When you’re submitting a trust fund claim, you need to follow the guidelines on their website. This makes it more accessible.
While these are not lawsuits, you get to hold companies accountable. The claim you submit will go into the trust fund institute for review. These are as follows:
- Expedited Review. The trust fund takes all the similar cases together and rightly calculates their total. After which, they assign a percentage to your claim, which will enable you to get your due. The value doesn’t give you the total amount but enough to pay for treatments. This method follows a shorter timeline and yields good results.
- Personal Review. When you ask for an individual review, the case may take longer. An institution needs to gauge all the parameters of your case. These include prognosis and disease. The timeline to study your case is longer. You may need to wait as your claim goes under review. The overall process is lengthy and takes time, so you need to wait longer.
Some companies want to push you to settle outside of the court. These include dictating a numerical figure while choosing a new value. After considering your case, the company comes with a numerical value. This value should help your family and yourself cover medical expenses. But because this is a negotiation with your lawyer, you should ask for a better settlement. When you both hit a grey area of acceptance, you get a chance to earn good money.
- Trail by Verdict
You can take the company to court. However, you need to have enough evidence if you’re going down this route. A jury needs to hear both sides of the argument, and unless you have your lawyer, you will stumble. The case can become very extensive depending on the jury. But if you make sure you touch all the bases, your case has a chance of winning. So don’t let the opportunity of good money slide.
Why Should You File?
Many will discourage you from filing, but you should pay no heed to them. The legal sector wants to help you. While going to court can get lengthy, but it’s worth it. Most cases end with enough compensation for you and your family. But if you are unsure and not convinced why you need to sue, here’s what you need to know:
- You Get Your Rights. When you file a mesothelioma case, you’re letting the public know what you’re dealing with. Mesothelioma is not an easy case to deal with. Since a company shattered your life expectancy, you should hold them accountable. No institution will come voluntarily and unless you point out what they did. So if you’re looking for quick Justice, you should file for a trust claim fund. It would help if you weren’t scared to ask for your rights.
- You Get Better Treatment. After your successful lawsuits, you get access to money. This means you get better treatment which can benefit your health. If you’re recovering from mesothelioma, you need someone by your side.
- It Helps Your Family. An illness may take a toll on any individual, including the family. So when you go down the legal route, you get a chance to get some money for the family. The compensation awards consider many factors, making them suitable for everyone.
If you’re suffering because of your health, you should know who to hold accountable. Not every disease is due to a poor lifestyle. Some are circumstantial such as asbestos exposure and getting neglected by the medical staff. It would be best to look into legal routes to support your cause, no matter the case.
The four options you get are lawsuits, settlements, trust funds, and trial by the verdict. These routes give you the autonomy to file correctly and see the legal structure for what it is. Your lawyer can guide you best on the route to take but be open to advice.