Your Legal Rights After a Mesothelioma Diagnosis
Mesothelioma is a rare type of cancer most often caused by exposure to asbestos. If you have been diagnosed with mesothelioma, you may be unsure about your next step. Your biggest immediate concern will be the medical treatment of your cancer, but it is important to understand your rights during this time to make good, informed decisions. The costs associated with treatment for mesothelioma are substantial, and medical costs are just the tip of the iceberg. To seek justice and financial stability, you will need the help of an attorney who can explain your rights after a mesothelioma diagnosis.
You Right to Compensation
If your mesothelioma was caused by exposure to asbestos, you have the right to seek compensation for your losses. These losses can include medical expenses, lost wages, disability, pain and suffering, and the loss of enjoyment of life. Pursuing justice for your illness involves filing a monetary claim. While this compensation cannot reverse the harm done to you, it can help cover your expenses and provide financial security for your family. In the US today, two-thirds of bankruptcy filings are caused by medical debt and the soaring costs of medical care. Obtaining all the treatment and services you need may not be possible without pursuing a legal claim.
The Right to Make a Claim
If you have been diagnosed with mesothelioma due to asbestos exposure, you have the legal right to seek compensation for your suffering, medical expenses, and financial losses. This compensation can come from different sources, depending on the circumstances of your exposure. Claims can be filed against various parties, including:
- Employers – If your workplace exposed you to asbestos without adequate safety measures, you may have a claim against your employer for failing to protect you.
- Asbestos Manufacturers – Companies that produced or sold asbestos-containing products can be held liable for exposing workers and consumers to asbestos.
- Property Owners – If you were exposed to asbestos while working in or occupying a building that contained asbestos materials, the owner of the property may be responsible for failing to warn you or remove the hazard.
- Product Manufacturers – Many industries used asbestos in products like brake pads, insulation, and construction materials. If a specific product led to your exposure, you may have a claim against the product manufacturer.
- Secondhand Exposure – Some individuals developed mesothelioma from exposure to asbestos fibers brought home on the clothing of family members who worked in asbestos-related industries. These cases may also be eligible for legal claims.
- Government or Military Entities – Military personnel, particularly Navy veterans, were frequently exposed to asbestos aboard ships and in military buildings. Special claims exist for veterans in these situations.
Types of Claims Available
The type of claim you can file depends on your circumstances, your exposure history, and the responsible parties. Common legal options include:
Asbestos Trust Fund Claims
Many companies that used or manufactured asbestos products filed for bankruptcy due to the overwhelming number of lawsuits against them. As part of their bankruptcy agreements, they were required to set up asbestos trust funds to compensate mesothelioma victims and their families. If the company responsible for your exposure has a trust fund, you may qualify for compensation through a claim against it.
Lawsuits for Personal Injury or Wrongful Death
If you or a loved one developed mesothelioma due to asbestos exposure, you may be eligible to file a personal injury lawsuit seeking compensation for medical bills, lost wages, pain and suffering, and other damages. If a loved one has passed away from mesothelioma, their family members may file a wrongful death lawsuit to hold the responsible parties accountable and recover compensation for funeral expenses, loss of financial support, and emotional distress.
Workers’ Compensation Claims
Workers exposed to asbestos on the job may be eligible for workers’ compensation benefits if their employer failed to provide a safe work environment. Workers’ compensation may cover medical treatment, disability payments, and lost wages. However, these claims may limit your ability to sue your employer directly, depending on state laws.
Veterans’ Benefit Claims
Veterans who were exposed to asbestos during military service, particularly in the Navy, Army, Air Force, and Marine Corps, may qualify for compensation through the Department of Veterans Affairs (VA). The VA offers disability benefits, healthcare, and financial assistance for mesothelioma patients who were exposed to asbestos while serving their country.
Social Security Disability Benefits (SSDI & SSI)
Mesothelioma is a disabling disease that may qualify patients for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. These federal programs provide financial assistance for individuals unable to work due to their illness.
Settlements vs. Trials
Many mesothelioma cases are resolved through settlements, where companies or trust funds agree to compensate victims without going to trial. Settlements are often quicker and ensure financial relief for medical treatment and living expenses. However, in some cases, victims may choose to proceed to trial, where a jury may award a larger verdict based on the severity of the harm and negligence involved.
Why Legal Help Matters
Filing a mesothelioma claim can be complex, requiring detailed medical records, work history, and legal expertise. An experienced mesothelioma attorney can help identify the responsible parties, gather evidence, and pursue the maximum compensation.
At Madeksho Law, we have helped victims and their families secure over $400 million in compensation since 1972. Our team is ready to support you and fight for your rights. Call 888-910-MESO (6376) or fill out our online form to discuss your case today.
