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What You Need to Know about Filing an Asbestos Claim

By Edited Sep 11, 2015 0 0

Asbestos Claim

Many people suffering from mesothelioma will have to go through the pain of dealing with the disease. They live through very harsh and painful treatments that may not work. Asbestos related disease or mesothelioma victims also have to think about long-term care from family members and medical professionals.


Once you are diagnosed with mesothelioma or receive treatment for an asbestos related disease, you may be entitled to compensation by filing a claim. Many people suffering with mesothelioma file claims against employers, manufacturers and government agencies. The purpose of the claim is to receive compensation for pain and suffering. The monetary settlement can cover medical expenses, lost wages, disability due to the disease, long-term care and other expenses. Compensation will depend on where are reside.


Before you can file a claim, you must be diagnosed with mesothelioma or a related asbestos disease. You must be able to produce documentation from a physician or oncologist with the diagnosis. The oncologist must have a MRI, CT scan, lung test, endoscope procedure, biopsy and physical exam.


You will need to determine the statute of limitations based on the state and regarding filing a claim for asbestos. State laws will put limitations on the amount a person can seek for litigation. There are states that will allow a claim to be filed a few years after being diagnosed.


Once you find out about the statute of limitation in your state, it is time to contact a lawyer specialized in asbestos related cases. If you are not sure about which lawyer to contact, search the internet, newspaper or yellow pages in your local area. Ask a close friend or relative if they know a good lawyer that can help you. You need a lawyer with years of credentials in handling mesothelioma and asbestos related cases. All states have a legal assistance hotline that can refer a lawyer to you by searching a database.


Try to do a phone interview with a lawyer prior to setting up an appointment. You may need to go to the attorney’s office for a consultation to discuss your case. Your medical history is very important, so make sure you tell the lawyer everything that led up to your diagnosis. Present as much documentation about your asbestos disease as possible. If you don’t have any information, you may sign a release so the attorney can obtain your medical records. They will be able to determine compensation and the type of settlement based on your claim.


After you’ve selected an attorney, they will start developing a strong case for you. You will meet with the attorney to cover the facts in how you developed mesothelioma or asbestos related disease. If it was the workplace, you will need to tell the attorney about the work environment. The specific job that you did on a regular basis that caused the disease. You will need to prove the employer neglected to provide the proper safety measures for the employees. The lawyer will do a full review and gather evidence that can help in your final compensation.

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