You’ve seen television commercials and heard radio ads; maybe you’ve even seen print ads about mesothelioma claims. But what is a mesothelioma claim, and could you be eligible to file one? Here’s what you need to know.
Guide to Mesothelioma Claims: Everything You Need to Know
Mesothelioma is a type of cancer that occurs in the thin layers of tissue that cover most of your internal organs (that tissue is called mesothelium). It’s an aggressive, life-threatening form of cancer, and although treatments are available, it’s not always curable. There are several types of mesothelioma, and they’re classified by doctors based on the body parts that are affected. The most common form of mesothelioma occurs around the lungs, and it’s called pleural mesothelioma. This type of cancer is known to come from exposure to asbestos – and because asbestos was a commonly used building material in the United States, many people are at risk of developing this type of cancer.
The Three Types of Mesothelioma Claims
There are three main types of mesothelioma claims: personal injury, wrongful death, and trust fund. Anyone who has mesothelioma can file a personal injury claim. If someone you love has died as a result of this cancer, you may be eligible to file a wrongful death claim. And anyone – regardless of whether you’re personally affected or your loved one was affected – can file a trust fund claim.
How Long Do Mesothelioma Claims Take?
It’s tough to say how long a mesothelioma case will take. It varies on a case-by-case basis. Sometimes people reach settlements in a matter of months after filing a claim, and in other cases, it can take a year (or more) to settle a case. Not all mesothelioma claims settle out of court, either – sometimes negotiations fail and the parties end up involved in a formal lawsuit. If your case becomes a lawsuit, it can take longer because you’ll have to wait for a spot on the judge’s calendar, both sides will be allowed to argue their own sides, and the judge will need time to make a ruling.
How Much Compensation Do You Get for Mesothelioma?
The amount of money you can get from a mesothelioma claim depends on several factors. The average mesothelioma trial payout – after the parties went to court and a judge made a ruling – is around $2.4 million. However, the average settlement ranges from $1 million to $1.4 million.
Your attorney will most likely try to negotiate a settlement for you. However, sometimes insurance companies that are financially responsible for mesothelioma injuries aren’t willing to cooperate. If the insurance company won’t offer you enough in a settlement, your attorney may suggest that you take the case to court. If that happens, the insurance company may still try to settle with you – especially if it becomes evident that they’re going to lose in court. Sometimes insurance companies end up settling out of court after a lawsuit has already begun because they want to stay out of the news; in other cases, they settle because they want to avoid potentially paying more on a judge’s order.
Regardless of what happens, if your attorney suggests that you file a formal lawsuit in court, it’s a good idea to think it over. Your attorney will only suggest a lawsuit if it looks like you’ll win based on the circumstances of your case – and if it looks like you’ll get a higher award than what the insurance company is offering you.
The Mesothelioma Claim Statute of Limitations
Like all other personal injury cases, there’s a statute of limitations on mesothelioma claims. For the most part, the time limit is one year from the time of diagnosis in a personal injury case and one year from death in a wrongful death case.
Has Anyone Survived Mesothelioma?
It is possible to survive mesothelioma. Researchers and medical experts are constantly looking for ways to improve outcomes for mesothelioma patients. If you’re having concerns about your health with mesothelioma, you should consult your doctor about possible treatment options.
Do You Need to Talk to a Lawyer About Your Mesothelioma Claim?
Whether you’ve been diagnosed with mesothelioma or you’ve lost a loved one to this aggressive cancer, we may be able to help you. Call us right now at 818-230-8380 for a free consultation with a caring, compassionate and experienced personal injury attorney. We’ll be happy to visit you at home or in the hospital, or in our office – or we’ll simply discuss your case over the phone or in a live meeting. We can answer your questions about your mesothelioma claim and provide you with the legal advice you need to start moving forward again.