Who Is Eligible to File an Asbestos Lawsuit?
You are typically eligible to file a mesothelioma lawsuit if you can provide documentation of the mesothelioma diagnosis, including medical reports from the cancer center where you or your loved one were treated, and are within the statute of limitations. You must also document the asbestos exposure history that caused the mesothelioma. This can include employment records as well as detailed descriptions and testimony about the asbestos exposure.
Alternatively, you may be eligible to file a wrongful death lawsuit if you lost a loved one to mesothelioma. You would serve as the representative of your loved one’s estate.
If an asbestos company is liable for your exposure and they filed for bankruptcy, your lawyer may help you file a trust fund claim instead of a lawsuit. Your options for compensation may also include private health insurance, Medicare or Medicaid, Social Security disability benefits or filing a claim with the Department of Veterans Affairs.
You may be able to file a mesothelioma lawsuit outside of the state in which you live depending upon the details of your case. An experienced mesothelioma attorney can help you and your family decide the best court in which to file your asbestos claim. According to a leading industry report, more than 3,600 mesothelioma claims were filed throughout the U.S. in 2020.
Statute of Limitations on Asbestos Lawsuits
In personal injury and wrongful death lawsuits, plaintiffs must file a claim soon after an injury occurs or is discovered. Statutes of limitations set a time limit, usually around two years, for a plaintiff to file a lawsuit after they are injured or discover their injury.
You should speak with a mesothelioma lawyer to ensure you are within the statute of limitations to file your claim.
