In 2020, a stark reminder of the dangers of asbestos exposure emerged from a New Orleans courtroom. A jury awarded over $10 million to Henry Pete, a longshoreman who developed mesothelioma, a serious cancer, after years of asbestos exposure.
While no sum of money can undo a mesothelioma diagnosis, financial compensation from a successful mesothelioma lawsuit can ease your journey by taking care of accumulating medical expenses.
Different laws on the federal and state levels impact the mesothelioma claims process. These laws address everything from safety guidelines to how and when you file.
As you prepare your claim, it can be important to understand the applicable laws and potential avenues for securing compensation. Continue reading for further insights.
Asbestos Laws on the Federal Level
Asbestos laws are regulations designed to protect individuals from asbestos exposure. Some of the agencies responsible for these laws include the EPA, OSHA, the Consumer Product and Safety Commission (CPSC), and the Mine Safety and Health Administration (MSHA).
The Asbestos Hazard Emergency Response Act (AHERA) protects students and educational staff. Mainly, it requires educational agencies to inspect their buildings for asbestos, prepare asbestos management plans and perform asbestos response actions.
The Occupational Health and Safety Administration (OSHA) has established standards to protect workers who may be exposed to airborne concentrations of asbestos fibers.
The Clean Air Act stipulates that the Environmental Protection Agency (EPA) must ensure anyone who works with asbestos products receives proper training.
The Toxic Substances Control Act regulates the manufacturing, processing, importation, distribution, or disposal of chemical substances, including asbestos-containing materials.
The Federal Mine Safety and Health Act governs all underground coal mines and surface mines producing coal in the United States. It requires miners to follow strict rules on dust exposure, especially when working with toxic dust like asbestos fibers.
Types of Compensation Available to Mesothelioma Sufferers
Individuals diagnosed with mesothelioma may be eligible for compensation from companies responsible for exposing them to asbestos. There are various compensation options to help ease the financial burden caused by this illness.
Asbestos Trust Funds
Some asbestos companies create asbestos trust funds to compensate mesothelioma sufferers. These funds ensure victims receive financial support for their medical expenses and suffering.
By filing a claim with an asbestos trust fund, individuals can access compensation without going through lengthy court battles. This streamlined process aims to provide timely assistance to those affected by asbestos exposure.
Insurance Claims
After suffering harm from asbestos exposure, many people turn to their insurance policies for the financial assistance they need. Insurance claims can help cover medical expenses, lost wages, and other costs associated with the disease.
However, to ensure your insurance company fulfills its obligation, you must understand your policy terms and filing requirements.
Lawsuits
Having the right attorney by your side can be essential when pursuing asbestos compensation. An experienced attorney can also provide sound legal advice for a mesothelioma claim.
These legal professionals can help you navigate the complexities of the legal system. They should gather evidence to support your case, and fight for the compensation you deserve. Lawsuits can lead to financial awards for medical bills, lost income, pain, and other harm from asbestos exposure.
VA Benefits
Veterans facing mesothelioma may be eligible for VA benefits to help cover medical expenses and provide financial support. They may receive disability compensation based on the severity of the illness and how it affects daily life.
Additionally, veterans may qualify for healthcare services through the VA system. This ensures they receive the necessary treatment and care tailored to their needs.
Maximizing Your Mesothelioma Compensation With the Right Attorney
Knowing what compensation you may be entitled to can make a significant difference. Working with the right attorney can help ensure that you have all of the information and tools needed to pursue the compensation you deserve.
Factors like medical expenses, lost wages, pain, and suffering all play a role in determining the worth of your claim. Consulting with an experienced attorney can help you assess the full extent of your damages and provide an opportunity to receive fair compensation for your suffering.
Find Compensation for Asbestos Victims
Mesothelioma sufferers face immense challenges, both physically and financially. Asbestos laws play a crucial role in determining the compensation available. Understanding how these laws impact mesothelioma compensation can be essential to maximizing your claim.
Often those defending Mesothelioma lawsuits are large companies with significant legal resources. A robust and experienced law firm can provide the best opportunity for your claim to be successful.
At Talbot, Carmouche & Marcello, our team is ready to provide the dedicated, compassionate and experienced support you need. We’ve been fighting for the people of Louisiana for over 50 years, and we’ll fight for you too. Schedule a free consultation to discuss your case.