How to File an Asbestos Cancer Claim
A claim is the initial step in the legal process and starts the process of filing a lawsuit. Individuals diagnosed with mesothelioma or other asbestos-related diseases may file a compensation claim. Family members of deceased victims can make a claim for wrongful death.
Most lawsuits are settled out of the court. However, victims must act quickly. Asbestos claims have a time limit of limitations, and once the deadline has passed and the victim is no longer eligible to pursue compensation.
Lung cancer
Lung cancer can affect both the lungs as well as the bronchial tube. It can also extend to other parts of the body. It can be detected using chest x rays, CT scans, or PET/CT scanners. Berkeley asbestos lawyers of the time the cancer is not visible at first, and then be identified only after routine imaging for a different reason. It can also cause symptoms such as pleural effusions or atelectasis as well as non-resolving infiltrates of parenchyma. The cancer can be staged by healthcare professionals to determine its severity and how far it has taken over.
Smoking cigarettes, whether recent or not, increases the risk of lung cancer. It is also increased by exposure to air pollution, radiation and industrial chemicals like arsenic, chromium and nickel soot, tar, beryllium and asbestos. Smoking and exposure to these chemicals together increase the risk of developing lung cancer by around 90 times.
Mesothelioma
Mesothelioma is a rare type of cancer that affects mesothelium, which is a layer of tissue that surrounds certain organs of the body. Exposure to asbestos is the primary cause of this cancer. This type of asbestos exposure is common in the workplace.
Asbestos fibers can cause irritation to the Pleura, the lining which connects the lungs. The irritation can cause inflammation, which could lead to malignant mesothelioma. Mesothelioma also can expand to other parts of the body with the same lining. For instance, the lining in the stomach (peritoneal) or the testicles.
The symptoms of mesothelioma differ depending on the location and type of mesothelioma. They include coughing, difficulty breathing chest pain, abdominal swelling. The signs of mesothelioma generally occur after a long period of exposure to asbestos. Mesothelioma is difficult to detect despite its rareness. This is because its symptoms resemble other illnesses and conditions. For this reason, patients should see a doctor when they experience persisting or alarming symptoms and be sure to inform them of the history of exposure to asbestos.
A biopsy is the only definitive method of diagnosing mesothelioma. When diagnosed early, mesothelioma is an improved prognosis than other types of cancer.
Typically, patients with mesothelioma are diagnosed at stage 3 or 4. This is due to the fact that it can take up to 50 years for the disease to manifest after exposure to asbestos. People most likely to get mesothelioma have been exposed to a lot of asbestos, including construction workers, miners, shipyard workers and veterans. Men are more likely to contract the disease than women.
The best treatments for mesothelioma comprise chemotherapy, surgery, and radiation. Doctors are still looking for new ways to prolong the life of patients. If you or someone you know has been diagnosed with Mesothelioma, you should have regular follow-up appointments with an oncologist or a respiratory doctor every three to four months according to the severity of your illness. You should also receive telephone support in between face-to-face appointments. This will make you feel more at ease and knowledgeable about the treatment plan.
Asbestos trust fund claims
Companies that mined, manufactured or distributed asbestos used the substance extensively until mesothelioma's dangers became known. As a result, many of these companies applied for Chapter 11 bankruptcy protection, which allowed them to create trust funds to pay for victims of asbestos-related illnesses. A victim or family member can file a claim for an asbestos trust fund on behalf of the person who is suffering. To file an asbestos trust fund claim they must submit an official document confirming their diagnosis which must be endorsed by an expert in mesothelioma or a doctor. Additionally, they should provide evidence of their asbestos exposure as well as work history records, invoices and affidavits from witnesses to their occupational or residential exposure.
The procedure of filing an asbestos trust fund claim can be a little confusing and lengthy. An experienced attorney can help. A lawyer will investigate your exposure to asbestos and mesothelioma diagnoses and determine the best method to file a claim. The lawyer will gather all the documents and paperwork required and submit them in accordance with trust protocol, either online or via post or fax.
In some instances lawyers can assist in negotiating an equitable compensation settlement with the trustee of the asbestos trust. An attorney will also make sure that your asbestos trust claim does not impact any other types of legal claims you might have, like those filed with the Department of Veterans Affairs (VA).
The trustee is required to determine the value of every claim made by a mesothelioma sufferer. The trustee has to ensure that there is enough funds in the asbestos trust fund to cover both current and future claims.
Each trust creates an outline of how they will divide the amount of money available to each claim. They then pay claims in order of priority. The schedule is determined by the estimated value of each condition, with more serious conditions being valued more than others. The schedule is updated over time as the trust strives to find the most equitable way to distribute the remaining assets.
Asbestos sufferers can select between two review procedures for trust claims: expedited and individual. The individual review process permits victims to receive compensation tailored to their situation. This could result in a greater amount than the scheduled value offered in the speedy process.