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| Thursday, January 19, 2006 |
| Your rights to compensation after asbestos exposure |
People who suffer from asbestos related injuries are entitled to compensation from the manufacturers of asbestos. Though the amount of compensation varies in each individual case, it is often a significant amount of money – as much as six or seven figures.
One cannot consider this compensation as a windfall as asbestos related injuries can be fatal with painful symptoms and a late diagnosis. The medical costs associated with treating a disease such as mesothelioma can be staggering. Moreover, legal compensation is a means by which many victims of mesothelioma provide enough money to support the family they leave behind.
If one is a victim of mesothelioma, the eligibility to legal compensation will depend on several factors:
a) Statute of Limitations: One’s first concern would be to file within the statutory deadlines. In the case of mesothelioma, one should file within a few years. In case, one is the executor of the estate of a person who has died from asbestos-related disease, one may be eligible to file a claim but that claim should also be made within a short time of the death. A family member who has been exposed in a secondary manner may also be eligible to file a claim.
b) Identify Your Exposure: In order to establish a claim against manufacturers, distributors, or contractors, it must be proved beyond doubt that one was exposed to a particular asbestos product at a specific location.
c) Responsible Parties: One must also be able to recollect who the responsible parties for the asbestos related injuries were.
Compensation amount is determined by factors such as lost income, the laws in a state, and the parties responsible. Compensation for mesothelioma varies from several thousand to several million. Because of the aggressive nature of mesothelioma it is important that the patient and his or her family move quickly to document the facts and circumstances particular to the individual's exposure to asbestos.
This includes gathering information on work history, the types, and brands of asbestos products encountered in ones past as well as the different work locations where exposure may have occurred and names of co-workers. In case a diagnosed client is unable to movie, depositions can be conducted at their home or hospital. But if one is in a terminal stage, other methods of obtaining the required proof of exposure should be provided with the help of one’s closest relatives.
Generally, the greatest amount of compensation can be recovered from the asbestos industry. Financial security for surviving family members is most often made possible by these awards that are frequently in the millions of dollars. Law firms handling these cases do so on a contingency fee basis. This means there are no upfront expenses and the firm's payment, if any, comes only from the award or mesothelioma financial settlement amount they secure on your behalf.
Apart from such legal compensation, there are also other methods of financial recovery for the victim of mesothelioma. Disability claims may be filed if one has such insurance either privately or through an employer. Disability claims can be filed with the federal social security system. If asbestos exposure can be linked to a particular job-site can a worker's compensation claim be filed against an employer.
These, then are the rights to compensation for a victim of mesothelioma. |
posted by Simon @ 6:12 PM  |
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