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Who Can File Mesothelioma Claims?



Filing a mesothelioma claim is important for personal and widespread reasons: it guarantees financial justice and holds companies accountable for exposing people to asbestos. Patients themselves, their loved ones or family members, or even their estate representatives can file a mesothelioma claim. It’s best to rely on an experienced mesothelioma attorney to help you navigate the claims process to maximize outcomes and minimize confusion. 

Why is filing a claim important?

Filing a mesothelioma claim is significant for several reasons. For one, it secures you financial compensation for your asbestos-related disease. These monies can be used for outstanding medical bills, costs associated with travel for doctors appointments and treatments, or to account for lost wages. Additionally, filing a mesothelioma claim helps to hold negligent companies and employers accountable for exposing people to asbestos—this sets a precedent for protecting employees and consumers. Claims are helpful for a myriad of reasons, both personal and community-based.

Can anyone file a claim?

You can file for the claim if you have been diagnosed with mesothelioma or another asbestos-related disease. Besides you, a loved one or family member can file a claim on your behalf—they’ll just need your medical records and documentation of asbestos exposure. If you’re filing on behalf of a loved one that has passed away, you’ll still need their documentation. Besides immediate dependents and family members, estate representatives—people or companies that have been selected to manage an estate after its owner passes away—can also file for mesothelioma claims.

While there are several people that can file a mesothelioma claim—not only the patient themselves—there are restrictions that limit legal access to trust funds and litigation. The statute of limitations in Pennsylvania only allows for mesothelioma claims to be filed for up to two years after initial diagnosis. This timeframe makes the claims process a.) more urgent; and b.) more complex. Because mesothelioma has a lengthy latency period after asbestos exposure, getting an accurate and timely diagnosis is penultimate.

If you’ve been recently diagnosed with mesothelioma, it’s important to take legal action quickly. The statute of limitations—along with the necessary paperwork and documentation required to file a claim—complicates the length of a claim.

Can I file a claim without an attorney?

Technically, you can file a claim without an attorney. However, the process is very complex, considering the different types of compensation available, the paperwork and documentation necessary, and the accessibility of trust funds. An attorney can assess your situation and help clarify your goals. From there, they can recommend different ways to achieve justice, whether that be through a Veterans Affairs claim, a trust fund, a bankruptcy claim, or a lawsuit. Trying to determine which avenue of justice alone is very difficult and time-consuming; it’s best to rely on an experienced and caring professional.

Our website is filled with information on filing asbestos-related claims. Call us today at (800) 505-6000 or fill out our simple contact form for more information. You can also download our free eBook filled with information on asbestos trust funds right through our website. We help asbestos-related disease victims and their families in Pennsylvania.

Sources:

https://www.forbes.com/advisor/legal/product-liability/mesothelioma

https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos