What Can You Legally Do If You Have Been Diagnosed With Mesothelioma?

It is one of the scariest diagnoses you can receive, that you have cancer. It may be even harder to receive a mesothelioma diagnosis simply because it is so preventable and you were probably exposed to the very agent that created this illness (asbestos) at work.

Asbestos is a banned substance once used in insulation that is known to cause a certain type of lung cancer. Since asbestos has been banned for many years, if company owners knew that their building still had asbestos insulation within its walls and did nothing to remove it for the safety of their employees, you could be entitled to certain benefits and even compensation through a personal injury lawsuit.

What can you legally do if you have been diagnosed with mesothelioma? Here is what you need to know.

Obtain Your Diagnosis Documentation Immediately

Once you have obtained your mesothelioma diagnosis, you need to gather as much documentation of this diagnosis as possible. This will include a statement from your doctor that this illness is caused by being exposed to asbestos. You should gather any health records you can regarding any symptoms you have suffered, MRI scans, any blood testing, and any medical records that can prove your cancer was caused by asbestos.

The more documentation you have to prove your diagnosis, the better.

File Your Claim

Once you have received a diagnosis, you need to file a claim of your intent to sue the workplace right away. Many states have a limited timeframe in which you can file a claim against a company, so check with your state to see how long you will have to file. You are filing a claim because your workplace was negligent in protecting its employees from asbestos exposure.

This means that they are liable for your illness and you should be compensated for any medical treatment you need to undergo. You may also be eligible for compensation for any pain and suffering you endure. If your employer was aware of any asbestos in the building and did not inform you or did nothing to remove it, they are liable for any personal injury damages.

What Are The Types Of Claims?

You have a choice of claims you can file. The first is a personal injury lawsuit. This type of claim can help pay for your ongoing and future medical treatments, any lost wages due to loss of a job, and payment for pain and suffering.

If a family member has died of mesothelioma, it is possible to file a wrongful death lawsuit, too. This claim can cover past medical bills, any lost income due to their inability to work and death, and potentially any funeral expenses.

It is possible to receive benefits from other means, such as worker's compensation, asbestos trusts, and even veterans' benefits. Asbestos trusts are set up by former companies that have been sued by those exposed to it to pay for compensation after declaring for bankruptcy or closing.

To learn more, contact a mesothelioma law firm.