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Gaylord & Nantais

Worker's Compensation Attorney

Mesothelioma Case Worth: Why It Can’t Be Alike for All

Mesothelioma is a form of cancer that can result from exposure to asbestos. Many workers, particularly veterans, whose jobs led to breathing in asbestos fibers, have been able to sue manufacturers or employers to recover damages. While compensation differs for each mesothelioma claim, the following details explain how you can approach a mesothelioma compensation claim through an experienced attorney who specializes in asbestos cases.

Case Valuation

  • Military veterans have a right to file a claim for exposure to asbestos while serving their country.
  • Spouses of deceased mesothelioma victims can recover money for funeral costs.
  • Victims of mesothelioma due to asbestos exposure can sue for health costs. It may differ with the degree of severity.
  • Victims of mesothelioma due to asbestos exposure can sue for loss of income.

Responsible Parties
People who have suffered from mesothelioma as a result of companies allowing them to work near this toxic substance have a strong chance of collecting large settlements if one of the above case valuation factors apply. The suit can be filed to collect funds from the following associated sources:

  • Companies, whether they still exist or not, that manufactured or installed asbestos
  • Insurance companies representing the offenders
  • Asbestos victims' trust fund that assumes liability

Related Articles: Legal Aspects to Consider When Choosing a Mesothelioma Lawyer

What to Expect
Even if the company has gone bankrupt, has been acquired by another company or no longer exists, it can still be held responsible to pay for damages related to asbestos. Since mesothelioma can take up to forty years to develop after exposure to asbestos, it's not too late to file a claim even though asbestos was banned many years ago. Each state has statutes of limitations that give people up to five years from the diagnosis or discovery of the disease to file. Most asbestos cases are settled out of court but you must document your medical history and find an attorney quickly.

There may be two simultaneous cases being adjudicated on their behalf, third-party civil litigation as well as Worker's Compensation. Usually there are statutes allowing for credit to be taken by the defendant when the applicant or plaintiff prevails in one jurisdiction against the other.

However, if the applicant in the Worker's Compensation claim can prove that the employer was negligent, and new that the exposure was dangerous, credit may be avoided.

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