Although asbestos was not regulated until the 1980s, evidence suggests that many manufacturers of asbestos products, which was used in everything from drywall to brake pads, knew the dangers of asbestos dust. Therefore, many successful claims have been laid against companies for mesothelioma sufferers to compensate them for personal injury, medical costs, and other effects of the disease. The two major types of claims that can compensate mesothelioma sufferers are bankruptcy trusts and direct lawsuits. A knowledgeable attorney can give very useful advice on the best claim for your situation.
Many companies manufacturing asbestos or asbestos-related products have gone bankrupt. Part of the bankruptcy court proceedings has often been to create a trust fund to help compensate those with asbestos-related illnesses as a result of their products. If you have been exposed to asbestos while working at one of these companies with a trust fund and have developed mesothelioma, this is one way to make a compensation claim.
Lawsuits for Mesothelioma
Lawsuits by mesothelioma sufferers against manufacturing companies that used asbestos have been successful because the organizations failed to warn consumers about known hazards of the substance. Damages that can call for asbestos claim include, but are not necessarily limited to, lost income due to illness, medical expenses, pain and suffering, and loss of consortium.
Mesothelioma Benefits for Veterans
If a veteran is stricken with mesothelioma, claims may also be made to the U.S. Department of Veterans Affairs (VA), especially if he or she served between 1940 and 1970. The VA has no special programs for mesothelioma, but veterans who were exposed to asbestos during their service may be eligible for health care, disability compensation, and other benefits. And, while veterans cannot sue the military and the government, they make litigious claims against the private military contractors and manufacturers whose products contained asbestos.
So that patients with mesothelioma may file claims and be compensated for damages, they must keep accurate financial and medical expense records as well as find proof of their asbestos exposure. This might be difficult to do, but a mesothelioma attorney can help. If you'd like more information about maintaining these filing claims, please contact us.