Mesothelioma is a form of cancer that arises after a person is exposed to asbestos. This illness, which can take decades to develop after initial asbestos exposure, is fairly rare in the U.S, with approximately 3,000 new cases being diagnosed every year. Unfortunately, mesothelioma is an aggressive cancer that is often not diagnosed until it reaches an advanced stage, making treatment more difficult and outcomes more severe.
Because this illness is typically caused by asbestos exposure that could have been prevented by individuals or companies, or in other words, negligence, a mesothelioma diagnosis can give rise to a legal claim for compensation. A mesothelioma claim can lead to the recovery of medical expenses, lost wages, pain and suffering, and other damages. But who exactly can file a mesothelioma claim? Understanding who can file a mesothelioma claim can help you take the right legal steps and protect your rights or those of your loved one.
Below are the parties who may be eligible to file a mesothelioma claim.
1. Mesothelioma Patients
If you have been exposed to asbestos at work, home, or through secondary exposure, and have developed mesothelioma, you may have the right to file a legal claim and pursue compensation. You can file a personal injury claim or lawsuit against the company or companies responsible for your asbestos exposure. You may also file an asbestos trust fund claim if the company or companies responsible for your asbestos exposure have filed for bankruptcy and established a trust to compensate victims. If you were exposed to asbestos during your time in the military, you may be eligible for VA benefits.
2. Family Members of Victims
If a person is too sick or dies from mesothelioma, surviving family members can file a claim. A claim filed after someone passes away is referred to as a wrongful death claim. A wrongful death claim seeks compensation related to the death, including funeral expenses and loss of companionship.
Typically, family members who can file a mesothelioma claim include children, parents, or spouses. Some states allow close family friends or life partners to file claims if they are financially impacted. Every state has different laws, so it is crucial to consult an attorney who can help you understand if you are eligible to file a claim.
3. Personal Representatives
Representatives of mesothelioma victims' estates may be eligible to file a mesothelioma claim after the death of the patient or continue any legal action the victim had started while they were alive. If the deceased did not name an executor in their will, a court-appointed personal representative may file a claim on behalf of the deceased.
Statute of Limitations on Mesothelioma Cases
Mesothelioma claims are time-sensitive, with all states having statutes of limitations limiting how much time you have to file a claim. Some mesothelioma claims have a time limit as short as one year. If you believe you qualify to file a mesothelioma claim, speak to an experienced attorney as soon as possible. If you wait too long, you might lose your right to file a claim.
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment.
