How to File an Asbestos Cancer Claim
A claim is a first step in a legal process. It is the first step in with a lawsuit. People suffering from mesothelioma or other asbestos-related diseases, may file a compensation claim. Family members of deceased victims may bring a wrongful-death claim.
Most lawsuits are settled outside of court. However, victims must act quickly. Asbestos claims are subject to a statute-of-limitations. After this time has been met, victims will no longer be eligible to claim compensation.
Lung cancer
Lung cancer can affect both the lungs and the bronchial tube. It may also spread to other areas of the body. It can be detected with chest x-rays, CT scans or PET/CT scans. Most often the cancer is not visible at first, and then be identified in routine imaging for a different reason. It can also trigger symptoms such as pleural effusions or atelectasis as well as non-resolving parenchymal infiltrates. The cancer can be staged by healthcare professionals to determine its severity and the extent to which it has taken over.
Smoking, whether it is recent or not can increase the risk of lung cancer. It can also be increased by exposure to air pollution, radiation and certain industrial chemicals including arsenic, chromium, nickel as well as tar, soot asbestos and beryllium. Smoking and exposure to these chemicals together increases the risk of developing lung cancer by up to 90 times.
Mesothelioma
Mesothelioma is a rare form of cancer, affects the mesothelium, a lining that protects certain organs. Napa asbestos attorney to asbestos is the cause of this cancer. This kind of asbestos exposure is often found in the workplace.
Asbestos fibers may cause irritation to the lining of the lungs, known as the pleura. The irritation can cause inflammation and may cause the growth of mesothelioma cancerous cells. Mesothelioma may also spread to other parts of the body that have the same lining. For example the lining of the stomach (peritoneal) or the testicles.
The symptoms of mesothelioma can vary depending on the type and location of mesothelioma. Chest pain, coughing, abdominal swelling and breathing problems are just a few of the symptoms. The signs of mesothelioma typically occur several decades after asbestos exposure. Mesothelioma is a difficult disease to detect despite its rareness. It is difficult to diagnose because its symptoms are similar to other diseases and conditions. For this reason, patients should consult a doctor when they experience persisting or alarming symptoms and inform them of their history of exposure to asbestos.
A biopsy is the only way to definitively diagnose mesothelioma. When diagnosed early, mesothelioma is a better prognosis than other cancer types.
Most often, patients suffering from mesothelioma will be diagnosed at the stage 3 or 4. This is because it could take up to 50 years for the disease to develop after exposure to asbestos. The most likely people to develop mesothelioma are those who spent significant time working around asbestos, including miners, construction workers, shipyard workers and veterans. Men are more likely to develop the illness than women.
The best options for treating mesothelioma involve surgery, chemotherapy and radiation. At present, doctors are looking for new ways to extend the duration of their lives. If you or someone you love has been diagnosed with Mesothelioma you should be scheduled for regular follow-up appointments with an oncologist or respiratory physician every three to four month depending on the severity of your condition. You should be provided with telephone support between face-toface appointments. This will help you feel more informed and confident regarding your treatment plan.
Asbestos trust fund claims
Companies that mined, produced or distributed asbestos utilized the material extensively until the dangers of mesothelioma became well-known. Many of these companies filed for Chapter 11 protection, which allowed the creation of trust funds to compensate asbestos-related diseases victims. A person who is a victim or family member can file an asbestos trust fund claim on their behalf. To do so they must provide official documentation of their diagnosis which must be endorsed by a mesothelioma specialist or doctor. They should also present evidence of exposure to asbestos. This includes documents from their work history bills, affidavits and affidavits from witnesses of their exposure at home or at the workplace.
The process of filing an asbestos trust claim funds can be confusing and time-consuming. A knowledgeable attorney can help. A lawyer will look into your asbestos exposure and mesothelioma diagnoses and decide on the best method to file claims. The lawyer will gather all the paperwork and documents required and submit them in accordance with trust guidelines, either online or via fax or postal mail.
In some cases an attorney may be able to help negotiate a fair settlement with the trustees of the asbestos trust. A lawyer can ensure that your asbestos trust claim does not impact any other legal claims you might have, for instance, those with the Department of Veterans Affairs.
The trustee has 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 pay any future or current claims.
Each trust has an agenda to divide the amount of money available to each claim. They then pay claims in order of priority. The schedule is based on the estimated value of every condition, with the more severe ones being more expensive. The schedule can change as the trust tries to determine the most equitable distribution of the remaining assets.
Asbestos sufferers can select between two types of review procedures for trust claims that are expedited and individual. The individual review option permits victims to receive compensation based on their unique situation, and could result in a larger award than the amounts scheduled in the expedited review process.