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What Mesothelioma Compensation Are You And Your Family Entitled To?

Mesothelioma is a rare and aggressive form of cancer. There is no cure for mesothelioma. Generally understood to be linked to exposure to asbestos, mesothelioma victims and their families face the prospect of immense pain and suffering. They are also often left with tremendous expenses related to the illness. At The Williams Law Firm, P.C., we have spent decades helping mesothelioma victims and their families secure the compensation they are entitled to. There are various types of compensation available in these cases. In most cases, compensation for physical injuries is not considered taxable income under federal law. Depending on the facts of your particular case, your New York mesothelioma lawyer will work to secure your rightful compensation through one or more of the following routes.

Mesothelioma Compensation Routes

There are five basic methods to secure mesothelioma compensation that your attorney will explore based on the facts of your particular case. These includes:

Personal injury lawsuit. A personal injury lawsuit may be filed against those responsible for the asbestos exposure. This could lead to a settlement out of court. It may be necessary to take the case to trial (many jurisdictions allow for expedited trial dates for mesothelioma cases).

Bankruptcy trust (mesothelioma trust). Some companies set aside bankruptcy trust funds before going bankrupt to allow for future mesothelioma victims to get compensation.

Wrongful death lawsuit. Family members of those killed due to mesothelioma can file a wrongful death claim against those responsible for the mesothelioma exposure (can work through a civil lawsuit as well as a mesothelioma trust).

Veterans benefits. If the victim was exposed to mesothelioma while they served in the military, they could be entitled to veterans benefits.

Workers’ compensation claim. Some victims may be entitled to workers’ compensation, though the long latency period of this illness may push victims beyond the workers’ compensation timeframes.

What Evidence is Needed For Your Mesothelioma Claim?

Building a successful mesothelioma claim requires comprehensive evidence that establishes both your diagnosis and the source of your asbestos exposure. While gathering this documentation may seem overwhelming during an already difficult time, understanding what evidence is needed can help you and your legal team build the strongest possible case for compensation.

The foundation of any mesothelioma claim rests on clear medical documentation proving your diagnosis and connecting it to asbestos exposure. Your medical team will provide pathology reports, imaging studies, and physician statements that confirm the presence of mesothelioma and rule out other potential causes. These records become crucial evidence in demonstrating that asbestos exposure caused your illness. 

Documentation of your asbestos exposure history is equally important, and it often requires a detailed investigation of your work history, military service, and other potential exposure sources. This evidence helps identify responsible parties and establishes the timeline of your exposure.

Essential evidence for your mesothelioma claim includes the following:

  • Complete medical records, including pathology reports confirming mesothelioma diagnosis
  • Employment records showing job titles, duties, and work locations throughout your career
  • Military service records documenting assignments and potential asbestos exposure
  • Witness statements from coworkers who can verify exposure conditions
  • Product identification records showing specific asbestos-containing materials you encountered
  • Company safety records or internal documents acknowledging asbestos hazards
  • Union records or safety training materials referencing asbestos exposure risks
  • Personal documents like pay stubs, tax records, or photographs from work sites

Your attorney will help gather and organize this evidence while you focus on your health and treatment. Many law firms maintain extensive databases of asbestos-containing products and workplace exposures that can supplement your personal documentation. The goal is to create a comprehensive picture of your exposure history that clearly establishes liability and maximizes your compensation opportunities.

Why Should You Work With an Experienced Mesothelioma Attorney For Your Case?

Facing a mesothelioma diagnosis brings overwhelming challenges that extend far beyond medical treatment. While you focus on your health and spending precious time with family, an experienced mesothelioma attorney handles the complex legal work needed to secure the compensation you deserve for this preventable disease.

Mesothelioma cases involve intricate legal issues that differ significantly from other personal injury claims. The decades-long latency period between asbestos exposure and diagnosis creates unique challenges in identifying exposure sources and responsible parties. Companies that manufactured or used asbestos products often went bankrupt years ago, requiring unique knowledge of trust funds and compensation procedures.

An experienced mesothelioma attorney brings essential advantages to your case that general personal injury lawyers simply cannot provide. These attorneys maintain extensive resources specifically designed for asbestos litigation, including databases of asbestos-containing products, expert witness networks, and established relationships with medical professionals who understand these complex diseases. Working with an experienced mesothelioma attorney provides crucial benefits, including:

  • Focused knowledge of asbestos litigation and complex liability issues
  • Access to extensive databases identifying asbestos-containing products and exposure sources
  • Established relationships with medical experts who understand mesothelioma
  • Experience navigating bankruptcy trust funds and compensation procedures
  • Understanding of federal and state regulations governing asbestos claims
  • Proven track record of successful settlements and trial verdicts
  • Resources to conduct thorough investigations spanning decades of potential exposure
  • Ability to identify multiple defendants and maximize compensation opportunities

Perhaps most importantly, experienced mesothelioma attorneys understand the urgent nature of these cases and work efficiently to secure compensation while you’re able to benefit from it. They handle all legal complexities while providing compassionate support during this difficult time, allowing you to focus on treatment and family rather than legal proceedings. The right attorney becomes your advocate, fighting tirelessly to hold responsible parties accountable while ensuring you receive every dollar of compensation available for your suffering.

What Type Of Compensation Is Available?

There are various types of compensation available through each of the routes listed above. This can include:

  • Medical expenses. This can include a victim’s past and current medical bills, as well as the expected future cost of medical care.
  • Lost wages. If the mesothelioma has led to a victim losing income because they can no longer work, they could be entitled to lost wages. This could include the expected loss of future wages as well.
  • Pain and suffering. These are considered non-economic damages and are not as easily calculable as medical expenses or lost wages. However, they include a range of damages that victims and their families experience due to a mesothelioma diagnosis. This include:
    • Long-term physical pain
    • Emotional distress
    • Loss of enjoyment of life
  • Wrongful death. Family members who have lost a loved one to mesothelioma caused by asbestos exposure are usually able to recover a range of damages. This could include:
    • Funeral and burial expenses
    • Cost of pre-death medical care
    • Loss of future income and benefits of the deceased
    • Mental anguish damages
    • Loss of consortium or companionship damages

There is no way to predict exactly what each mesothelioma case will be worth. At The Williams Law Firm, P.C., we have successfully recovered millions of dollars for victims and their families. When you need a mesothelioma attorney, you can contact us for a free consultation of your case by clicking here or by calling (855) 575-6376.

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