What Types of Mesothelioma Claims Can Be Filed?
For Individuals and Families Struggling to Cope with Mesothelioma Diagnoses, Seeking Financial Compensation is an Important Aspect of Recovery. Here are the Types of Claims You May Be Able to File.
No one deserves to be diagnosed with mesothelioma as a result of asbestos exposure. Mesothelioma is an aggressive and often fatal form of cancer, and companies have been aware of the risks involved with asbestos exposure for decades.
If you or a loved one has been diagnosed, your family may be entitled to financial compensation. Companies that sell asbestos products, companies that force people to live and work in buildings contaminated with asbestos, and medical providers that fail to provide timely diagnoses and treatment can all be held liable for the costs and losses that individuals and families endure. Victims of asbestos exposure have recovered billions of dollars in financial compensation, and at Oberheiden Law our attorneys represent clients in mesothelioma claims nationwide.
4 Types of Mesothelioma Claims
For individuals and families that have been affected by mesothelioma caused by asbestos exposure, there are four primary types of claims available. These are:
- Personal Injury Claims
- Trust Fund Claims
- Medical Malpractice Claims
- Wrongful Death Claims
1. Personal Injury Claims
Personal injury claims involve seeking financial compensation for non-fatal mesothelioma diagnoses. If you have been diagnosed with mesothelioma as a result of asbestos exposure, you may have a claim against one or more of several different parties. For example, mesothelioma patients will frequently have claims against:
- Asbestos Product Manufacturers – Due to the inherent risks associated with asbestos exposure, companies that manufacture products that contain asbestos (or that have manufactured products that contain asbestos in the pasts) can be held liable for mesothelioma diagnoses.
- Product Wholesalers and Retailers – Companies that sell asbestos-containing products (or that have sold asbestos-containing products) can also be held liable in mesothelioma claims.
- Construction Companies, Builders, and Contractors – Companies that constructed buildings with asbestos prior to 1978, contractors that have forced employees to work in proximity to asbestos fibers, and other businesses that are responsible for workers’ asbestos exposure can face liability for mesothelioma claims filed by workers and their family members.
- Commercial Property Owners – Commercial property owners that fail to warn of the risks of asbestos exposure or undertake necessary remediation efforts can be held liable for asbestos exposure suffered by employees, tenants, guests, and other individuals.
2. Trust Fund Claims
Several companies that have faced substantial liability in mesothelioma claims over the years have established trust funds to compensate victims. Additionally, in several cases, the courts have forced companies to establish trust funds prior to going out of business. If the company that is liable for your (or your loved one’s) mesothelioma diagnosis has established a trust fund, our lawyers can use their experience to help you secure just compensation.
Some examples of trust funds that have been established to provide financial compensation to victims of asbestos exposure include:
- A-Best Products
- Armstrong World Industries
- Babcock & Wilcox Company
- General Motors
- Johns-Manville Corporation
- MacArthur Co./Western Asbestos Company
- Pittsburgh Corning Corporation Asbestos Personal Injury Trust
- US Gypsum Asbestos Personal Injury Settlement Trust
- R. Grace and Co. Asbestos Personal Injury Trust
These are just a small sampling of the more than 100 trust funds that exist to ensure that financial compensation remains available to individuals and families who are suffering from the consequences of asbestos exposure.
3. Medical Malpractice Claims
Tragically, in many cases, mesothelioma diagnoses come too late. If your doctor failed to timely diagnose your cancer, or if a member of your family died following a delayed diagnosis, your family could have a medical malpractice claim in addition to a personal injury claim or trust fund claim.
In addition to failure to timely diagnose mesothelioma, various other forms of medical malpractice can support claims for financial compensation as well. For example, failure to recommend appropriate treatment, failure to provide necessary treatment, failure to monitor for progression and metastasis, surgical mistakes, and other medical errors can all lead to liability for hospitals, doctors, and other medical providers.
4. Wrongful Death Claims
If you have lost a loved one to mesothelioma, you can seek compensation for your loved one’s untimely passing by filing a claim for wrongful death. Different states have different laws regarding deadlines, types of compensation, and family members who are eligible to file. At Oberheiden Law, we handle mesothelioma wrongful death claims nationwide, and we can pursue all available claims on your family’s behalf.
Discuss Your Mesothelioma Claim with an Attorney for Free
What type of claims (or types of claims) are you eligible to file? To find out, schedule a free, no-obligation consultation at Oberheiden Law. Call 866-376-4871 to request an appointment, or tell us about your case online and an attorney will contact you shortly.