More than one avenue of compensation exists for mesothelioma cancer patients and their families. Depending on the facts of your situation, and after consulting with your attorney, your case may move forward as a personal injury or wrongful death lawsuit. You may also have a claim against an asbestos bankruptcy trust. No matter what path is the ultimate choice, Weitz & Luxenberg lawyers are committed to making the process simple and stress-free to give you more time to focus on your health and your loved ones.
FILING A CLAIM
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Why File A Claim?
Pain — it’s what makes cancer the most feared disease by Americans. The physical pain associated with cancer can elicit anxiety, sadness, confusion, and feelings of depression and helplessness. It can affect daily activities and even make it seem like life is not worth living.
A large percent of cancer patients may experience significant pain during their illness.
With the help of a highly experienced attorney, patients and families affected by asbestos-related cancer may be able to obtain compensation for pain and suffering — as well as other damages — through what are known as asbestos or mesothelioma claims. People may choose to file claims to:
- Obtain justice
- Gain compensation for pain and suffering
- Achieve financial security
- Pay for treatment
- Recover lost wages
However, successfully pinpointing and pursuing the type of claim that best suits your unique case can be tough. Weitz & Luxenberg’s trusted mesothelioma lawyers have helped thousands affected by asbestos-related cancer do just that.
Types of Mesothelioma Claims
Different types of mesothelioma claims exist — each with its own advantages and disadvantages. Depending on your situation, you may be eligible to file more than one type of mesothelioma claim.
If you were exposed to asbestos and later developed mesothelioma, you may be eligible for compensation through a personal injury lawsuit. You can bring a personal injury mesothelioma lawsuit while you’re still alive, and in some states, the courts will allow your estate to continue a personal injury mesothelioma lawsuit initiated before you passed away.
Legal action must be taken in New York State within three years of when you knew (from a medical diagnosis) or should have known (due to symptoms) of your asbestos disease. Statutes in other states vary, with New Jersey and Pennsylvania requiring legal action within two years, for example.
People who become ill from asbestos are those who were exposed to it — whether by working with asbestos products directly or working near another person who was working with an asbestos product. Asbestos can also contaminate workers’ clothes, putting their family members at risk of inhaling asbestos fibers in the home and developing asbestos-related diseases.
If you can fairly trace your mesothelioma injury to a company’s negligence, then you may be able to file a mesothelioma claim in the form of a personal injury or wrongful death lawsuit.
The person you appoint in your will to be the head of your estate when you pass away can bring wrongful death mesothelioma lawsuits against those responsible for your asbestos exposure. The law acknowledges your family’s loss as an injury and recognizes your family’s right to seek compensation from defendants. Generally, legal action must be taken (in New York State, for instance) within two years from the date of death.
* While our past record doesn’t guarantee future success, it is something you may want to consider when evaluating our experience.