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Can I Sue for Compensation if I Have Mesothelioma?

Get Legal Help From a Philadelphia Mesothelioma Lawyer at Brookman, Rosenberg, Brown & Sandler

Mesothelioma is an incurable disease that will have an immeasurable impact on both the person who was diagnosed and their family. Mesothelioma is caused by asbestos exposure. You can file a lawsuit or claim that may lead to financial compensation. You should always hire an attorney to help maximize the value of your claim.

How to Obtain Compensation for Mesothelioma?

There are several ways that you could obtain compensation for mesothelioma:

  • Lawsuits against the responsible party
  • A claim against an asbestos trust fund
  • VA benefits

Who You Can Sue for Asbestos Exposure?

To file a lawsuit, you need to locate the proper defendant. If you were exposed to asbestos on the job, you may be able to find a third party who could be responsible for your injuries. For example, you may have been sent out to a job site not owned by your employer where you were exposed to asbestos. If you are filing a lawsuit in court against a defendant, you would generally need to sue a company that manufactured the asbestos or a product that contained asbestos. The fact that a product contains asbestos has made it unreasonably dangerous for its intended use.

Examples of Asbestos Lawsuits

A recent example of a mesothelioma product liability lawsuit is the lawsuit against Johnson & Johnson. The company’s flagship talc powder product has been found to contain asbestos. The talc powder used in the product occurs naturally next to asbestos in many places in the ground.

Another example of an asbestos lawsuit is a case against manufacturers of brake pads. For years, manufacturers made brake pads that used asbestos fibers. Auto mechanics who worked with these brake pads have been diagnosed with mesothelioma. The manufacturers have been sued for making the brake pads with these carcinogenic materials.

It is difficult to file a lawsuit against an asbestos manufacturer. Practically all the companies that mined asbestos have gone bankrupt due to the liability they face. However, the bankruptcy courts did not let these companies escape entirely any form of liability. As a condition for granting bankruptcy, these companies were obligated to establish a trust fund to pay asbestos claims in the future. These trust funds still have money to pay claims, even if the bankruptcy occurred decades ago.

Asbestos Trust Fund Claims

You can file a claim against a trust fund for compensation. Since these trust funds have limited money, they cannot pay the entire claim. They would pay you a percentage of your damages based on available funds.

Compensation in a Mesothelioma Claim

If you file a mesothelioma claim, you may be entitled to financial compensation for the following:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Anxiety and depression

Often, the family is filing a wrongful death claim because their loved one has already passed away from mesothelioma. Then, they can be compensated for the losses that they suffered when their family member passed away. The estate may also be able to file a survival claim for what the deceased person endured between the time that they were diagnosed and when they passed away.

Get Legal Help From a Philadelphia Mesothelioma Lawyer at Brookman, Rosenberg, Brown & Sandler

A Philadelphia mesothelioma lawyer at Brookman, Rosenberg, Brown & Sandler can help you get the compensation you deserve after a diagnosis. Call us at 215-569-4000 or complete our online form to schedule a free consultation. Located in Philadelphia, we serve clients in Delaware County, Chester County, Philadelphia County, and throughout Pennsylvania and New Jersey.