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Mesothelioma Claims: FAQs

Key takeaways: There are different ways to achieve monetary justice through a mesothelioma claim, including lawsuits, trust funds, and settlements. Some of these approaches occur as a formal litigation, while others are a negotiation or a request for funds. Importantly, the Halpern team is here to help you assess your options and navigate the claim process.

Why Should I File a Mesothelioma Claim?

 

By filing a claim through Halpern, we assist you and your family with receiving monetary justice for asbestos-related mesothelioma instances. Because mesothelioma is known to be associated with occupational exposure to asbestos, it’s important to hold workplaces and companies accountable for exposing their employees. Besides holding higher-ups accountable for exposing employees, it’s also important to secure funds to support victims’ families and potential healthcare costs.

 

How Does a Mesothelioma Claim Work?

First, you provide us with information. You assemble your work history, medical history, proof of asbestos exposure, and any other documents that validate asbestos exposure and a diagnosis. Next, once Halpern has evaluated your claim, our attorneys decide the best course of action (the intricacies of which will be detailed below). Your attorney will adjust the approach based on your contextual experience(s), especially if you’re currently undergoing treatment. They will be in direct contact with you throughout the experience; the claim is tailored to your expectations and needs.

 

What are the Options for Compensation?

When you file a claim, like we’d mentioned above, there are different courses of action that you and your attorney can explore.

a.) Asbestos trust funds are available funds that have been supplemented by asbestos companies or negligent companies. The funds can be accessed through a viable claim and do not require a trial or court litigation. Currently, there is over $30 billion available for those seeking financial justice.

b.) Lawsuits are formal trials. You and your attorney might decide to sue a negligent company, person, or asbestos production group for exposing you to asbestos.

c.) Settlements, like trust funds, do not occur in the courtroom. Instead, companies or employers will work with attorneys in order to secure clients a fair amount of money to compensate them for a mesothelioma diagnosis.

d.) Veterans’ claims are accessed through the Department of Veteran Affairs. Veterans currently account for ~30% of all mesothelioma cases, and the U.S. military has a specific subset of justice available for them. These claims do not require a trial, similar to settlements and trust funds.

 

How Long Does the Process Take?

Because the process is dependent on a multitude of different factors–whether it is you or your family filing the claim, how long ago the exposure was, your medical and occupational histories–there isn’t an exact timeline for a successful settlement. Some claims are processed and completed within a month; others may take up to a year. Because the timeline is variable, we are concerned with prioritizing you during the process. We will adjust as we see fit, and we’re determined to advocate for your justice.

If you or a loved one has been diagnosed with mesothelioma, please call The Halpern Law Firm at (800)-505-6000. We are here to help you navigate the legal process of filing a claim to receive compensation for your cancer diagnosis. We help mesothelioma victims and their families in Pennsylvania.

Sources: Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts | RAND. (n.d.). Retrieved February 8, 2024, from https://www.rand.org/pubs/technical_reports/TR872.html

Hartley, K., & Hesdorffer, M. (2017). Challenges Facing Mesothelioma Patients and Their Families: Medical/Legal Intersections. In J. R. Testa (Ed.), Asbestos and Mesothelioma (pp. 359–380). Springer International Publishing. https://doi.org/10.1007/978-3-319-53560-9_17

Veterans asbestos exposure. (2023, July 18). Veterans Affairs. https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/

Written By Carina Filemyr

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