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IS IT WORTH FILING FOR MESOTHELIOMA COMPENSATION? YES!

paper that reads MESOTHELIOMA

“For years, asbestos companies knowingly allowed countless employees to work closely with asbestos products and face health risks from exposure. Thousands of people are diagnosed with mesothelioma and other asbestos-related diseases every year as a result of such negligence,” the Mesothelioma Asbestos Awareness Center informs readers.

Mesothelioma victims and others facing asbestos-caused illnesses have legal options in an effort to get financial compensation. The money can help cover expensive medical bills and other treatment-related costs like travel and lodging, plus recovery of lost wages.

When legal claims are filed either on behalf of a mesothelioma patient (a personal injury lawsuit) or on behalf of a person who has died from mesothelioma (a wrongful death lawsuit), the claim can be against different sources, MAAC explains:

  1. An insurance company
  2. The Department of Veterans’ Affairs
  3. An asbestos company (an employer or supplier)
  4. A trust fund created by asbestos companies that have become bankrupt.
  5. Workmen’s Compensation

Both the Federal Occupational Safety and Health Administration (OSHA) and its Indiana counterpart (IOSHA) are tasked with seeing that employers operate within certain standards of safety, and are responsible for enforcing statutes which impact worker safety, including laws relating to asbestos and other toxic substances.

Filing a mesothelioma claim is quite a complex process. First, Indiana law contains a statute of limitations of two years on all personal injury claims filed by those diagnosed with an asbestos-related disease. On wrongful death claims, Indiana allows families two years after the death to file an asbestos lawsuit.

Assuming you meet the eligibility requirements, you then must gather evidence to corroborate the claim.  That involves gathering:

  • Medical records proving you’ve been diagnosed with mesothelioma or another asbestos-related disease
  • A statement from a physician confirming the diagnosis
  • Employment records
  • Military service records
  • Witnesses

One complicating factor with mesothelioma, when it comes to filing a personal injury lawsuit or wrongful death lawsuit, is that the “latency period” of asbestos-related diseases can be very long, meaning that it might take as long as 60 years from first exposure for someone to actually have symptoms!  (Several factors may affect the onset of the disease, including general health, age, and amount of asbestos exposure.)

Now that asbestos is no longer as widely used in building and in industry, and while it is highly regulated in manufacturing today, is the problem over? NO! According to the Centers for Disease Control and Prevention, deaths related to malignant mesothelioma are at a record high! How can that be? “Buildings constructed before 1980 likely contain asbestos products, including insulation, roofing, tile flooring and drywall. Disturbing these materials during home repairs and renovations causes toxic asbestos fibers to become airborne, where they can remain for hours,” explains the asbestos.com website.

If you or a family member has been stricken by this killer condition, as Indiana mesothelioma attorneys  we can help you prepare all the documents to file a personal injury or wrongful death claim

Is the legal battle worth the hassle?  YES! According to a recent Mealey’s Litigation Report, the average mesothelioma settlement award is estimated between $1 million and $1.4 million.

“While there is no one cure for mesothelioma, excellent curative or life-extending treatments are available for patients at every stage.”  New therapies are being tested in clinical trial settings, offering valuable, potentially life-saving options, provided the funding is there.

Talk to Ramey & Hailey about getting the compensation you need.

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