Mesothelioma Claims

Filing a claim is an important step to take if you or your loved one has been diagnosed with mesothelioma. Through a mesothelioma claim, you may be eligible to receive compensation from manufacturers of asbestos-containing products. Compensation can help pay for the high cost of mesothelioma treatment, provide financial security for your family, and hold the companies that caused your cancer accountable. A mesothelioma law firm such as Sokolove Law can determine if you are eligible to file a claim.

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Why File a Mesothelioma Claim?

Mesothelioma claims help patients and their families access monetary compensation from manufacturers of asbestos-containing products after a mesothelioma diagnosis.

Manufacturers of asbestos-containing products were found to be directly responsible after thousands of people were diagnosed with mesothelioma. Evidence shows many of these companies knew the health risks of asbestos exposure but continued to manufacture asbestos-containing products to make a profit.

With the help of a mesothelioma law firm like Sokolove Law, you and your family may be able to receive money from these companies.

This compensation may help pay for:

  • Costs associated with hiring home help or caretakers
  • Counseling or emotional therapy
  • Everyday living expenses
  • Financial security
  • Funeral and burial costs
  • Past and future medical costs
  • Physical therapy
  • Prescriptions and medicine
  • Wages lost to inability to work

When you work with Sokolove Law, you’ll be represented by mesothelioma lawyers who will fight for justice on your behalf.

Hold these companies accountable, and contact Sokolove Law to file a mesothelioma claim today.

Who Can File a Mesothelioma Claim?

  • Patients:
    If you’ve been diagnosed with mesothelioma or another asbestos-related disease, you may be eligible to file a claim. Mesothelioma claims are complex and are best done with the assistance of an experienced mesothelioma lawyer. Sokolove Law has been helping victims of asbestos exposure file claims for decades.
  • Family members:
    Family members may also file mesothelioma claims on behalf of a loved one if the patient is too sick to file. In order for a family member to file on their loved one’s behalf, they must have the legal authority to do so by being appointed by the court.
  • Estates:
    Estates are the bundle of assets left behind when someone dies. One such asset is the legal claim. Those who oversee the estate can file a claim after the patient has died to protect these assets. They can also continue legal action started by the patient. Ultimately, the job of the estate representative is to maximize the value of the estate for the heirs.

How to File a Mesothelioma Claim

File a mesothelioma claim easily!

While there is no universal approach to the mesothelioma claims process — each person’s case is unique — filing a successful mesothelioma lawsuit has several essential steps.

Contact Sokolove Law

There is no substitute for hiring a national mesothelioma law firm like Sokolove Law, staffed by people who have dedicated their lives to fighting for families debilitated by asbestos. We are equipped on day one, ready to represent you in any state necessary to maximize your compensation.

Get in touch with us today for a free legal consultation.

Compile Documents and Materials

We will meet with you and find out the basic elements of your exposure history. Many people are exposed to asbestos 20-50 years before they are diagnosed, so the task of collecting evidence to support mesothelioma claims can be difficult to do alone.

Sokolove Law will locate the specific medical records and employment documents to back your testimony. We have our own warehouse of asbestos exposure evidence and a database of asbestos-containing products and known sites of exposure. It’s even possible that we’ve represented someone from the same or similar jobsite as your claim.

File Your Claim With the Help of Your Dedicated Legal Team

After collecting all of the necessary documentation, Sokolove Law will send a demand letter to the defendant(s), asking them to pay voluntarily. If they say no, we will file the lawsuit in the court that best fits your specific claim.
Because statutes of limitations vary across the country, the best state for you to file in may not be the one in which you live. But don’t worry — we’ll figure all of that out for you.

Allow Sokolove Law to Fight for You

If a company you file against denies the claim in their answer, both sides will enter the discovery phase where they will gather evidence to support their mesothelioma cases.

The defendant may try to deny responsibility, seek to undermine your credibility, or tie your mesothelioma to causes for which they are not liable. Sokolove Law has seen all of these tactics before. When your legal team supports every assertion made in your complaint with facts, the defendant often has no option but to offer a settlement.

If, for whatever reason, the defendant wants to try the case, Sokolove Law is prepared to fight for you.

Accept a Mesothelioma Settlement or Negotiate for More Compensation

Most mesothelioma cancer claims are settled after the completion of the discovery phase when the trial date is approaching. It is the fear of a trial that generally causes the parties to settle. Decades of asbestos litigation give both sides a sense of the eventual outcome, and usually, an agreement can be reached before the case goes to trial.

In the event that a company refuses to settle, or offers a lower mesothelioma settlement amount than you and your lawyer agree on, you may consider going to trial, but this is very rare.

Sokolove Law always works in your best interest to maximize your compensation, minimize your stress, and get justice on your behalf.

Mesothelioma Claim Amounts

If you’ve been diagnosed with mesothelioma, you or your family may be able to pursue personal injury or wrongful death lawsuits.

Asbestos companies have set aside an estimated $30 Billion in court-ordered asbestos bankruptcy trusts for those diagnosed with mesothelioma and other asbestos-related diseases. Mesothelioma victims may be eligible to receive compensation from these funds through a legal claims process.

How Much Are Mesothelioma Claims Worth?

There’s no quick and easy way to determine how much an asbestos claim might be worth. Mesothelioma claim amounts vary from case to case, according to a number of different variables in each case.

Here are just a few of the factors that influence how much your claim may be worth:

  • The severity of your asbestos exposure and your asbestos-related illness
  • Lost wages and loss of earning capacity
  • Proof of company negligence and asbestos exposure
  • Medical bills, like medications and treatments
  • How many companies are at fault
  • If any of those companies have set up asbestos trusts
  • The state in which your claim is filed
  • Pain and suffering
  • Funeral expenses

3 Main Types of Mesothelioma Claims

Many people have been affected by mesothelioma, and though cases vary widely, most mesothelioma claims fall under three broad categories. An experienced attorney can help determine your eligibility for each of the following claim types.

Personal Injury Claims

Through a personal injury claim for mesothelioma, a victim of asbestos exposure can sue the manufacturer of asbestos-containing products that caused their debilitating cancer. This type of asbestos claim allows victims to seek financial compensation and hold these negligent companies accountable.

Typically, personal injury claimants seek compensation for:

  • Pain and Suffering:
    In some cases, a routine check-up can lead to a fatal mesothelioma diagnosis. Nothing prepares someone for the overwhelming physical and emotional toll mesothelioma takes on a person’s body and a family’s welfare.
  • Medical Expenses:
    Surgery, chemotherapy, and other cancer treatments are very expensive. The asbestos-containing product manufacturer at fault should pay for treating the cancer they caused.
  • Travel Expenses:
    Mesothelioma patients can sometimes be forced to travel for medical care or clinical trials. Whether they are meeting with a specialist for treatment or something else, the costs add up rapidly.
  • Loss of Consortium:
    A spouse suffering from mesothelioma is not going to be able to provide or experience many marital benefits. Though hard to quantify, loss of consortium claims are generally much higher in personal injury lawsuits than in wrongful death lawsuits.
  • Lost Wages:
    Those suffering from mesothelioma will be forced to miss a lot of work, and eventually they will not be able to work at all. One of the main reasons people file mesothelioma claims is to recoup the income they lost during sickness and treatment, as well as income they would have earned in the future.
  • Punitive Damages:
    The purpose of punitive damages is to punish the wrongdoer and send a message to others who would continue to violate the law. These damages may be added to the award a victim receives after a successful mesothelioma lawsuit verdict.

To learn more about filing a mesothelioma personal injury lawsuit, contact Sokolove Law today.

Wrongful Death Claims

Wrongful death claims for mesothelioma are brought against companies whose negligence resulted in someone’s needless exposure to asbestos and caused their death.

When someone dies from mesothelioma, their spouse, partner, child, parent, or whoever has been appointed as the estate representative has the power to work with an attorney to file a wrongful death lawsuit or mesothelioma claim after death against the company on behalf of their loved one’s estate.

Most often, mesothelioma claims after death seek compensation for:

  • Medical Bills:
    The costs related to mesothelioma are significant and threaten to drive any family into debt, regardless of how well they are prepared.
  • Lost Income Potential:
    Families of mesothelioma victims face the dilemma of unforeseen and unavoidable health expenses at the same time the patient can no longer work.
  • Loss of Consortium:
    In most jurisdictions, spouses may seek compensation for the loss of marital benefits as a result of their partner’s mesothelioma. The deceased is not the only person affected by asbestos-related corporate negligence, and those suffering the fallout have legal rights.
  • Funeral Expenses:
    Burial, cremation, embalming, headstones, and other services associated with traditional funerals come with a huge total price tag. Funeral costs quickly exceed $10,000 for many families.

Attorneys at Sokolove Law can help you with any asbestos claims after the death of your loved one. Get a free consultation today.

Asbestos Trust Fund Claims

Many victims of mesothelioma and asbestos-related illnesses file claims through an additional option, known as “asbestos trust funds.”

Now totaling an estimated $30 Billion, these special trust funds were created when the courts forced asbestos-containing product manufacturers on the verge of going bankrupt to set aside money to compensate current and future victims of asbestos exposure.

As more and more asbestos lawsuits were filed, many manufacturers declared bankruptcy in an attempt to not pay and shirk responsibility. As part of their bankruptcy court order, these companies were required to establish asbestos trust funds as a remedy.

In a way, these funds now exist as an acknowledgment of wrongdoing on behalf of companies that exposed thousands of people to asbestos.

Some companies that have been forced to establish trusts include:

  • Armstrong World Industries
  • Combustion Engineering
  • Harbison Walker Refractories Company
  • Johns Manville
  • Owens Corning
  • U.S. Gypsum Company

Asbestos trust funds offer financial support to victims with an asbestos-related disease of any kind (like lung cancer or asbestosis), as long as the attorney filing the mesothelioma fund claims can provide sufficient proof of exposure linked to one — or several — of these bankrupt companies.

At Sokolove Law, the mesothelioma attorneys who represent you will assist in identifying all exposures to ensure you maximize your benefits from any available trusts.

VA Mesothelioma Claims for Veterans

The U.S. Department of Veterans Affairs (VA) may accept mesothelioma claims if the asbestos exposure was service-related. Veterans or immediate family members can also file a separate lawsuit directly against the manufacturers of asbestos-containing products.

Asbestos companies actively worked to downplay the dangers of their products. They misled the military by hiding their knowledge of the severe health risks associated with asbestos.

Veterans frequently pursue VA benefits and mesothelioma claims to cover the expenses of their mesothelioma treatments and to receive the compensation they have earned. Filing a VA claim does not affect a victim’s ability to file a mesothelioma lawsuit.

Statute of Limitations on Mesothelioma Claims

People considering mesothelioma claims need to be aware of statutes of limitations, which prevent people from filing if too much time has gone by.

States have different statutes of limitations for mesothelioma claims. Some give you as little as one year to file, so it’s crucial to act quickly.

Calculating the statute of limitations for your case is complex. Ultimately, the best — and only — way for families to know how long they have to file a mesothelioma claim is by working with a mesothelioma law firm like Sokolove Law.

Even if you think the time limit has already passed, contact us. Don’t just give up, because, in many instances, there’s still time.

Work With Sokolove Law, a Trusted, National Mesothelioma Law Firm

Asbestos litigation pits individuals harmed long ago by asbestos exposure against companies with virtually unlimited legal resources.

There is only one way to even the fight: Contact Sokolove Law, a national mesothelioma law firm that represents the interest of families harmed by mesothelioma.

Sokolove Law will help determine your legal options and guide you through the legal process. Mesothelioma compensation may help you or your loved one receive care and secure your family’s financial future.

Sokolove Law is here to fight on your behalf — get a free case review now.

Mesothelioma Claim FAQs

How long do mesothelioma claims take?

How long asbestos claims take varies according to several different factors, including the type of asbestos claim you file and whether or not your case goes to court.

Arguing a case in court before a jury, getting a verdict and then fighting through the appeals process can potentially take years, while some of our clients start receiving money from settlement offers in as few as 90 days.

What is the statute of limitations on mesothelioma claims?

The statute of limitations on mesothelioma claims varies from state to state, so it’s best to get in touch with experienced mesothelioma lawyers as soon as possible to make sure you don’t miss the deadline.

Once the statute of limitation passes for your claim, you won’t have the opportunity to hold the companies that exposed you to asbestos accountable — ever.

If you or your loved one have been diagnosed with mesothelioma, contact us to see if you’re eligible to file a claim.

Who pays the compensation in a mesothelioma asbestos claim?

In an asbestos case, any compensation you may receive comes from the company that manufactured the asbestos-containing products you were exposed to.

If your asbestos exposure occurred during your military service, we will not press charges against any branch of the military.

If you don’t know how you were exposed to asbestos, don’t worry — this is something an experienced legal team can handle for you. Get a free legal consultation today to see what your compensation options may be.

Author:Sokolove Law Team
Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: July 27, 2021