Filing a mesothelioma claim can be a daunting process. It has been well established that exposure to asbestos causes mesothelioma, so you might believe that filing a mesothelioma claim against an asbestos company would be straightforward, and easily won.
Unfortunately, that is not always the case.
Many asbestos companies continue to combat their victims, denying claims and arguing against their liability. For that reason, it is essential that mesothelioma and other asbestos-related disease victims choose an experienced mesothelioma attorney or law firm with a strong record of successfully representing their clients to file their mesothelioma claims.
Choosing the right attorney will make the process easier, and maximize the compensation that you receive.
Steps to File a Mesothelioma Claim
- Find an experienced mesothelioma lawyer to guide you through the claim process and look after your best interests. They will guide you through the following steps.
- Identify asbestos exposure and responsible parties. This will also help determine where to file suit for your mesothelioma claim or claims. From here you have a few options for how to proceed based upon your unique situation one or multiple of the next steps may apply.
- If an employer is responsible for your asbestos exposure, you will need to file a worker’s compensation claim or submit a claim to an established trust for mesothelioma victims and possibly file a claim against the company directly (see step 3).
- If your asbestos exposure were the responsibility of someone that was not your employer, you’d need to file a personal injury claim against the negligent party (see step 3).
- If you were exposed to asbestos while serving in the U.S. military you will need to file a claim with the U.S. Department of Veterans Affairs. You are also eligible for disability compensation.
- File a case with the court in the form of a written complaint. This will identify who the responsible party is for your asbestos exposure with supporting evidence for your claim.
Await a response from the defendant in the case. Typically the defendant will deny the claim and provide an argument against your claim. Your attorney will then reply to the points of the defendant’s claim.
- The case will go through a discovery period to gather information for both sides.
- In some cases, the defendant will offer a settlement instead of taking the case to trial. Your mesothelioma lawyer can help you evaluate such offers to determine if it is in your best interest.
- Trial process. In many instances, you will not be required to appear at all. Following a judgment against the responsible party, you will receive the compensation as ruled, unless they appeal…
- Appeal: The responsible party will have the option to appeal the ruling. In this instance, any payment will be put on hold.
As you can see, filing a mesothelioma claim can be a very elaborate process, that is best navigated with the aid of an experienced mesothelioma lawyer.
Mesothelioma Attorneys Provide The Help and Answers You Need
From making sure that your claim is filed in time to ensuring that all of your medical records are in order, an experienced mesothelioma attorney will take care of all of the details of filing your mesothelioma claim.