There are several ways to try to receive compensation if you have an asbestos related injury, such as mesothelioma, asbestosis or lung cancer. If your injury occurred due to exposure to asbestos during the course of employment, one option is to pursue a workers compensation claim. Workers compensation is a type of insurance held by employers to cover employees should they be injured on the job.
If you were injured during the course of military service, you may be able to pursue a veterans’ disability claim, although this process can be quite challenging as you must prove that your injury is directly caused by service exposure and there is no other form of possible substantial asbestos exposure prior to or post service work.
The third option is to file a third party injury case, also known as personal injury or wrongful death lawsuits, which sues the actual companies that made the products that caused the mesothelioma or asbestos related cancer. These companies, and in some cases employers, knew about the health dangers caused by asbestos and yet were negligent to warn, train, prevent or protect workers from harm.
Most people diagnosed choose to pursue an asbestos or mesothelioma lawsuit because they are more likely to get fair and timely compensation. Also, depending on the particulars of your case, many companies and manufacturers will settle outside of court, expediting the process and providing financial support when it’s most needed.
Because mesothelioma and asbestos related injuries do not develop until years after initial exposure, it can sometimes be difficult to know which companies and where the exposure which caused the injury occurred. This is where it can be extremely helpful to find an attorney who is experienced and specializes in handling only asbestos lawsuits. Such attorneys are experts in uncovering exposure history and identifying who is responsible.
If you file a third party injury lawsuit, your case is taken on what is called a contingency basis – meaning you don’t pay any fees unless you get a favorable verdict or settlement. Therefore there is no financial risk to clients in pursuing a case. However, each state has time limitations, called Statute of Limitations, for filing mesothelioma lawsuits, usually within one to two years. To find out more about the statute of limitations for your particular state, visit the locations served page on the new site of Clapper Patti Schweizer & Mason.
If you have been exposed to asbestos and have been diagnosed with an asbestos-related illness, please call for a free evaluation of your case at 1-866-784-1148.
This entry was posted on Tuesday, November 30th, 2010 at 12:04 pm and is filed under asbestos attorneys. You can follow any responses to this entry through the RSS 2.0 feed.
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