Applying for Asbestos Compensation

Mesothelioma and other diseases related to asbestos exposure affect thousands of people in the United States every year and have claimed the lives of millions of people worldwide.

People who develop mesothelioma or other asbestos-related diseases often experience severe symptoms, as well as intense financial pressure as a result of their treatment. While there are several ways to recover compensation for diseases related to asbestos exposure, those unfamiliar with the process face certain challenges.

Fortunately, you don’t have to go through this complicated process alone. A North Carolina mesothelioma lawyer can help you seek the compensation you and your family deserve. At Ward Black Law, our Greensboro asbestos attorneys have in-depth experience with mesothelioma cases in North Carolina. We are proud of our track record of success.

To learn more about how we can help you apply for compensation for an asbestos-related disease that was not your fault, contact our office for a free initial consultation.

Types of Asbestos Legal Claims You Can File

Three main ways exist for you to claim compensation if you or someone in your family has suffered an asbestos-related illness:

• Personal injury lawsuit — If you were exposed to asbestos on the job, in the workplace, or at home, you may be able to file a personal injury claim to recover compensation for your medical bills and other expenses related to your illness. You will have to demonstrate that another party knew or should have known of the potential asbestos exposure risk and was negligent in failing to protect you from getting sick. Most personal injury suits end in insurance settlements, but it’s necessary to go to trial in some cases.
• Wrongful death lawsuit — If someone in your immediate family has died from an asbestos-related disease, you may have a case for a wrongful death lawsuit. A wrongful death claim is essentially a personal injury claim filed by someone else on behalf of a deceased family member who can no longer file the claim themselves.
• Asbestos trust claim — Companies that manufactured items made from or containing asbestos have been ordered by the courts to set up trusts for people who’ve developed asbestos-related diseases. The trusts continue to exist even if the company itself goes bankrupt. If you qualify, an asbestos injury attorney can help you file a claim for compensation from one of these trusts.

How to File an Asbestos Claim for Exposure

The process of filing a claim for compensation after being diagnosed with an asbestos-related illness involves the following steps:

• Initial legal consultation — Your first step is to meet with a lawyer, who will listen to your story and examine any supporting evidence you may have. If your lawyer thinks you have a valid claim, they’ll discuss your next steps with you at this point.
• Asbestos claim preparation and evidence gathering — Once you’ve spoken to a lawyer, they’ll determine your best option for filing a claim and start gathering the necessary evidence. That includes things like your medical records, employment history, and relevant product details.
• Filing the complaint — After your attorney finishes gathering evidence, they’ll file the initial complaint against the liable party, either in civil court or with an asbestos trust. This complaint will outline the facts of your case, the evidence you have, and the amount of compensation you’re seeking.
• Response — Whoever you’ve filed the complaint against will have a chance to respond to your claim and provide their evidence in an attempt to refute it.
• Discovery — Once the other party has had a chance to respond to your complaint, the discovery phase begins. Both sides will have an opportunity to present and gather additional evidence and look at the evidence offered by the other side.
• Settlement or trial — Settlement negotiations will begin. Depending on the specifics of your claim, you could reach a reasonable settlement offer and can avoid a trial. If you can’t agree on a fair settlement, though, it will be necessary to bring your case to court if you want to recover compensation.
• Appeal — If your case goes to trial, you’ll eventually reach a verdict. Both you and the other side will have a chance to appeal the verdict if you’re not satisfied with the outcome.

How Much Compensation Can You Get for Mesothelioma?

The exact amount you could receive in compensation depends on the extent of your injuries and other factors. You could potentially receive compensation for:

• Medical bills related to treatment and therapy
• Lost wages due to missed work
• Reduced earning potential because of a long-term illness
• Physical pain and suffering
• Emotional suffering and reduced quality of life
• Costs associated with travel to and from treatment

Surviving family members of someone who died from an asbestos-related disease can pursue additional damages through a wrongful death claim.

How Long Will It Take to Get Compensation?

Asbestos-related claims typically end in a few months if you file a claim with a trust or reach an insurance settlement with the defendant. If your case goes to trial, though, it could be a year or longer before you receive compensation. Hiring an experienced, knowledgeable lawyer can expedite the process.

Who Is Eligible for Compensation from Asbestos Exposure?

Anyone diagnosed with an illness caused by exposure to asbestos can claim compensation for their related losses, as can certain close surviving family members in the event of that person’s passing.

The three main criteria for receiving compensation for an illness related to asbestos exposure are:

• Proof of the disease — You’ll need documentation from a doctor showing you have mesothelioma or another asbestos-related illness.
• Proof of exposure — If you can prove you have an asbestos-related disease, you’ll need to show how you were exposed to asbestos at work, home, or another setting.
• Filing a timely claim — In North Carolina, you have three years from the date of your diagnosis to file a claim for compensation. The longer you wait to file a claim, the greater the risk of missing this deadline and failing to receive the compensation.

Asbestos-Related Disease Statistics

Here are some statistics about asbestos-related injuries and illnesses from the Mesothelioma and Asbestos Awareness Center:

• About 2,400-2,800 new cases of mesothelioma are reported every year in the United States.
• Because mesothelioma takes a long time to manifest, researchers think at least 20 million people worldwide could end up developing the disease.
• On average, patients diagnosed with mesothelioma survive for 12 to 21 months.
• From 1999 to 2015, a little more than 45,000 people in the U.S. died from mesothelioma.

Call Our Asbestos Exposure Lawyers Today for Help Getting Compensation

The North Carolina asbestos exposure lawyers of Ward Black Law are here to help you seek the compensation that you deserve if you were exposed to this harmful material. Contact our office today for a free initial consultation with a knowledgeable member of our team.