A mesothelioma diagnosis is life-changing, regardless of the phase of life you’re in. In addition to health issues, patients and loved ones have legal issues with asbestos exposure. Educating yourself on your rights is crucial. The law offers many paths to justice, compensation, and future economic security for victims. Below are the legal rights you should know upon a mesothelioma diagnosis.
Right to File a Personal Injury Claim
Mesothelioma claims are generally brought against manufacturers, contractors, or employers. Such claims intend to get economic compensation in the form of money for damages such as medical expenses, treatment, lost wages, and physical and mental distress.
This compensation is essential because the economic cost of treating mesothelioma can be financially challenging. From surgery to specialty treatment, expenses can easily exceed what most families can manage. Success in a claim offers not just the needed money but also peace of mind, enabling patients to focus their energy on treatment and enhancing their quality of life.
Right to Access Asbestos Trust Funds
Several firms that produced or used asbestos have gone bankrupt. Along with their settlement, they set up asbestos trust funds to pay victims. Mesothelioma patients might have a right to file claims on these trusts without ever setting foot inside a courtroom.
These funds were created with the specific purpose of making the payment process easier for mesothelioma survivors and their families. This provides at least some level of compensation even if the concerned companies have ceased operations. The process of getting these funds is well-documented but generally faster than through lawsuits.
Right to Wrongful Death Compensation
In tragic cases where the patient dies due to mesothelioma, surviving family members are still allowed to pursue a wrongful death claim. The cases are formulated to decrease the economic and emotional burden endured by spouses, children, and other dependents left behind. These benefits may cover funeral and burial costs, lost future income, pre-death medical costs, and even intangible damages such as loss of companionship and counsel.
By exercising this right, families not only get the needed economic assistance but also justice by having the liable companies pay for the asbestos exposure. Wrongful death claims can prove particularly critical to families who depended on the deceased as the sole breadwinner.
Right to Workers’ Compensation and VA Benefits
If the asbestos exposure was at work, patients can be eligible for workers’ compensation benefits. Workers’ compensation benefits usually pay a portion of lost income and medical bills. While workers’ compensation will not pay as much as a lawsuit, it can definitely provide financial assistance.
Veterans are especially vulnerable, as asbestos was employed extensively throughout military gear and structures. For the service-linked mesothelioma cases, veterans can consider the Department of Veterans Affairs (VA) benefits.
Right to Legal Representation and Advice
Mesothelioma lawsuits are multifaceted, involving numerous defendants, profuse documentation of medical records, and strict statutes of limitation that differ from state to state. Proper representation by a good attorney helps patients and their families get the maximum possible chances at acquiring substantial settlements without any hassles.
These specialized lawyers not only deal with legal issues, but also represent families going through a very challenging time. They walk clients through making decisions about whether to sue, withdraw from trust funds, or apply for VA benefits. A veteran asbestos lawyer brings assurance that all legal venues are being explored.
Endnote
The diagnosis of mesothelioma is challenging, but knowledge of your rights offers promise and clarity. Personal injury lawsuits and wrongful deaths, access to trust funds, workers’ compensation, and VA benefits are only some avenues through which the law provides many ways to receive justice and financial security. These rights exist so that patients and families don’t have to pay the price for asbestos exposure themselves.
