What Is a Personal Injury Lawsuit?
Mesothelioma patients can usually determine where they were exposed to asbestos. A majority of veterans worked with asbestos during their military service. People who worked in certain industries, like construction, manufacturing, industrial plants, and more, had a much higher probability of asbestos exposure. Even school teachers, hairdressers, janitors, and cooks have developed mesothelioma from working in old buildings constructed with asbestos-containing products. As such, a wide variety of people are eligible to file legal claims for compensation via personal injury lawsuits.
Wives and children have also been diagnosed with asbestos-related disease after years of shaking out and washing clothes at home covered in asbestos, otherwise known as secondary asbestos exposure. It doesn’t matter where the exposure happened. If you worked directly with or in the vicinity of asbestos, or if you had exposure in the home, then you’re eligible to file a personal injury claim.
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Lawsuits are filed by the mesothelioma patient and are designed to hold the asbestos manufacturers responsible. Asbestos is cheap, durable, and heat-resistant, and companies used the toxic mineral for decades in a variety of products and applications across the United States. Despite the hazardous effects of asbestos, which were known well before World War II, manufacturers and companies continued to use the carcinogen until the 1970s. This reckless endangerment is the basis for personal injury lawsuits today.
Filing a Personal Injury Lawsuit
Personal injury claims are filed individually so that the attorney can better control the outcome of the case, even when filed against multiple corporations.
If you’ve been diagnosed with mesothelioma, and believe you have a personal injury case, connect with a legal specialist through our free case evaluation form. If you’re still not sure if you qualify for legal compensation, read more about personal injury cases below.
Who Can File?
Unlike a wrongful death suit, where another person is filing on behalf of someone who has already died, a personal injury case must be filed by the actual mesothelioma patient. Victims must gather documentation that proves their condition and where they were exposed to asbestos.
A personal injury claim requires three documents:
- A positive diagnosis
- Physician’s statement
- Asbestos exposure summary
Where Does Your Compensation Come From?
In many cases, the victim of a personal injury case is compensated by the company or companies that produced, used, or distributed asbestos and asbestos-containing products. However, the mass of legal claims brought up against these companies has caused many of them to file for Chapter 11 bankruptcy.
After a company files for Chapter 11 bankruptcy, they are protected from further lawsuits until their debts are resolved. Under Chapter 11, corporations are required to establish a trust fund to compensate current and future patients who may develop mesothelioma as a result of using their products.
Filing a Personal Injury Lawsuit as a Veteran
While veterans of the United States military may receive unique VA benefits through the Department of Veterans Affairs (VA), they’re also eligible to seek other forms of compensation. Veterans who file a personal injury lawsuit will aren’t suing the military. Instead, they’re suing the companies that used, produced, and transported asbestos or asbestos-containing products found in military buildings and vehicles. Veterans who bring up charges against these companies won’t face repercussions through the VA, and their benefits won’t be affected.
If you’ve been diagnosed with mesothelioma, you may be eligible for compensation. This can be a trying time for you and your family, and you may have questions. Not to worry: help is available. Complete our free case evaluation form, and a lawyer specializing in mesothelioma cases will reach out to you. If you want to learn more, download our free mesothelioma guide to learn about your diagnosis and the next steps for treatment.
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