How to File an Asbestos Cancer Claim
A claim is the initial step in a legal process. It begins with a lawsuit. Individuals with mesothelioma, or other asbestos-related illnesses, can submit a compensation claim. Family members of deceased victims may make a claim for wrongful death.
Most lawsuits are settled out of the court. However, victims must act quickly. Asbestos claims are subject to a time-limits. When this deadline has passed, victims are no longer eligible to claim compensation.
Lung cancer
Lung cancer is a condition that can affect the lungs as well as bronchial tubes. It can also spread to other parts of the body. It can be detected with chest x-rays, CT scans or PET/CT scans. Often the cancer is asymptomatic and only discovered during routine imaging due a different reason. It may also cause symptoms such as pleural effusions or atelectasis as well as nonresolving infiltrates of the parenchyma. Healthcare professionals can assess the cancer to determine its severity as well as the extent to which it has spread.
Smoking cigarettes, whether present or previously increases the risk of developing lung cancer. Radiation, pollution from the air, and certain industrial chemicals, such as arsenic and chromium, are known to increase the risk of lung cancer. Smoking and exposure of these chemicals together increase the risk of lung cancer by 90 times.
Mesothelioma
Mesothelioma, which is a rare type of cancer, affects mesothelium - a lining which protects certain organs. Exposure to asbestos is the cause of this cancer. This type of asbestos exposure is most common in the workplace.
Asbestos fibers can cause irritation to the lung's lining known as the pleura. The irritation causes inflammation, which can result in the growth of mesothelioma cancerous cells. Mesothelioma may be spread to other areas of the body that have a similar lining like the stomach lining (peritoneal mesothelioma) and the testicles (pericardial mesothelioma).
Mesothelioma symptoms can differ based on the place it is located as well as the type of mesothelioma. Coughing, chest pain abdominal swelling, and difficulty breathing are some of the symptoms. The symptoms of mesothelioma generally appear several decades after asbestos exposure. Mesothelioma is a difficult disease to detect despite its rareness. It can be difficult to identify because its symptoms are similar to other diseases and conditions. This is why patients should seek medical attention if they are experiencing any persisting or alarming symptoms and inform them of the history of exposure to asbestos.
A biopsy is the only way to definitively determine if mesothelioma is present. When it is detected early, mesothelioma can have a better prognosis than other cancer types.
Patients with mesothelioma tend to be diagnosed in the third or fourth stage. It could take as long as 50 years for exposure to asbestos to cause the disease. The people most likely to develop mesothelioma are those who have worked for a long time around asbestos, including miners, construction workers, shipyard workers and veterans. Men are more likely to contract the disease than women.
The most effective treatment options for mesothelioma include surgery, chemotherapy, and radiation. Currently, doctors are still looking for new ways to extend the life expectancy. If you or someone close to you has been diagnosed with mesothelioma, you should be offered regular follow-up appointments every three to four months with an oncologist, respiratory doctor or specialist nurse, based on the severity of your condition. You should receive telephone support between face-toface appointments. This will allow you to feel more at ease and knowledgeable about your treatment plan.
Asbestos trust fund claims
Companies that mined or manufactured asbestos or distributed it extensively used the substance extensively before the dangers of Mesothelioma were discovered. Many of these companies sought Chapter 11 protection, which allowed the establishment of trust funds to compensate asbestos-related diseases victims. A victim or family member can make a claim for an asbestos trust fund on behalf of the person who is suffering. To file an asbestos trust fund claim they must provide official documentation of their diagnosis which must be endorsed by an expert in mesothelioma or a doctor. Additionally, Lansing asbestos lawyer should provide evidence of their exposure to asbestos, including the work history record as well as invoices and affidavits of individuals who witnessed their exposure to asbestos in their workplace or at home.
The procedure of filing an asbestos trust fund claim can be a little confusing and lengthy. A knowledgeable attorney can assist. A lawyer will conduct an in-depth investigation of your mesothelioma exposure and asbestos exposure diagnosis and determine the most effective method to file a claim with the trust you have chosen. The lawyer will then prepare all the necessary documents and paperwork and submit them per that trust's guidelines, whether online or by fax or mail.
In certain cases, the lawyer can even help to negotiate an appropriate compensation settlement with the trustee of the asbestos trust. An attorney can also ensure that your asbestos trust claim doesn't impact any other types of legal claims you may have, for instance, those filed with the Department of Veterans Affairs (VA).
When a mesothelioma patient submits an asbestos trust fund claim, the trustee has to examine each claim and determine its value. The trustee is responsible for ensuring there is enough money in the asbestos trust fund to cover future and present claims.
To divide the amount of funds available for each claim, each trust establishes a schedule and pays out claims according to their priority. The schedule is dependent on the estimated value of each situation, with more severe conditions being more valuable than other. The schedule changes over time as the trust tries to find the most fair way to distribute the remaining assets.
Asbestos trust claims can be reviewed in two methods: expedited or separately. The individual review process permits victims to receive compensation that is specifically tailored to their particular situation. This could result in a greater amount than the value that is scheduled in the speedy process.