Receiving a mesothelioma diagnosis is overwhelming and life-altering both for you and your family. Severe physical symptoms, emotional distress, and financial strain — it is a lot to take in.
Along with managing medical and financial concerns, you also need to consider the legal side of things. If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, you may be entitled to compensation. Holding the negligible business or entity responsible is your legal right.
But how exactly are you supposed to do that? Let’s take a closer look:
What to Do After Receiving a Diagnosis
First things first, know what steps to take after receiving a diagnosis. Your health is the first priority, so follow your doctor’s recommendation and begin treatment immediately. Keep track of your medical records, diagnostic tests, and treatment plans.
Next, begin documenting your asbestos exposure history. Build a comprehensive work history, especially if you were ever employed in industries like construction, shipbuilding, or industrial manufacturing.
Collect any records that can verify your claim of exposure, such as pay stubs or photographs.
While laws vary, the general mesothelioma statute of limitations ranges from 1 to 3 years, starting from the date of diagnosis.
Understanding Liability For Mesothelioma Diagnosis
The U.S. Environmental Protection Agency (EPA) imposed a widespread ban on asbestos in the late 1980s. However, many businesses and manufacturers kept using asbestos despite knowing the health risks.
If you’ve been diagnosed with mesothelioma due to exposure to asbestos on the job, at home, or through a product, you can file a legal claim against the responsible party.
Liability can fall on:
- Employers who had a duty to ensure safe working conditions, clear of asbestos
- Product manufacturers
- Mining companies
- Owners of asbestos-contaminated properties
Asbestos lawsuits are based on three principles:
Negligence
It occurs when a party fails to exercise reasonable care. In a mesothelioma lawsuit, a plaintiff must prove that the defendant knew the dangers of asbestos but failed to warn workers or take precautionary measures. Establishing causation is incredibly important.
Product Liability
This holds manufacturers and sellers responsible. The plaintiff must prove that a company sold asbestos-contaminated products, causing mesothelioma.
A Breach of Warranty
This occurs when a company implies a false warranty of safety, ensuring that the product is safe for its intended use.
Filing a Personal Injury Claim
Once you’ve understood liability, you can file a personal injury claim. It can help you seek compensation for medical costs, emotional distress, and lost income.
Mesothelioma has an exceptionally long latency period, which is why establishing causation is difficult. The best thing you can do is work with a reputable mesothelioma lawyer. Attorneys at ELSM Law can help you build a detailed work history, collect medical documents, and file a claim.
Compensation from Asbestos Trust Funds
Many companies and manufacturers have claimed bankruptcy after facing numerous mesothelioma lawsuits. As part of the process, they have established trust funds to compensate present and future victims.
According to reports, more than $30 billion is available in asbestos trust funds. You can file a claim with the specific trust fund associated with the relevant company.
