Mesothelioma Claims: What You Can Expect?

Mesothelioma is a terminal cancer caused by exposure to asbestos. Each year in the United States, thousands of new cases of mesothelioma are diagnosed, and the families affected by this condition are likely to have many questions about their legal options. Mesothelioma claims can potentially yield substantial compensation for you and your family, but it’s important to know what to expect if you anticipate filing a mesothelioma claim.

Understanding Mesothelioma Claims

The only known cause of mesothelioma is asbestos exposure. For decades throughout the United States, asbestos was used in many applications due to its fireproofing and insulating capabilities, but the health risks associated with this material remained largely unknown for a long time. When asbestos fibers are ingested or inhaled, they can embed in the body and cause mesothelioma to develop, but this disease takes a very long time to show noticeable symptoms.

According to the National Cancer Institute and various other medical sources, there were 2,803 new mesothelioma cases diagnosed in the United States in 2021, and each year, there are roughly 2,000 to 3,000 new diagnoses.

One of the most troubling aspects of mesothelioma is the fact that it can take decades for symptoms to appear. The average latency period of the disease is about 25 years, sometimes taking as little as 10 years or as many as 50 years to show noticeable symptoms.

Additionally, the early symptoms of mesothelioma are often misdiagnosed as other, less serious conditions, but once symptoms have appeared, the condition has already reached a critical stage. Mesothelioma is, unfortunately, incurable, and the disease will ultimately prove fatal for everyone diagnosed with it. This can be distressing news, but filing a mesothelioma claim could potentially help you and your family recover substantial compensation.

How Your Attorney Can Help

One of the most difficult parts of filing mesothelioma claims in the United States is determining exactly how the disease was acquired. It can take years or sometimes decades for symptoms to appear, meaning the victim will need to carefully review past work history and various other records to determine exactly when and where they were exposed. Once the source of the disease has been identified, they can then determine liability.

It’s possible for a business, former employer, building owner, or other entity to be liable for your mesothelioma diagnosis. Many of the companies that formerly produced asbestos products have since created mesothelioma injury trusts to compensate those who have been adversely affected by their products. You may qualify to file a claim with one of these trusts, and you may also be able to file for workers’ compensation benefits or build a personal injury case for toxic exposure.

Ultimately, every person diagnosed with mesothelioma will face different legal challenges in their efforts to recover, and they may have multiple legal options available to them. Successful mesothelioma claims in the United States can potentially yield recompense for medical costs, lost wages, lost earning power, and the physical pain and emotional suffering these diagnoses entail.

Hiring an experienced mesothelioma lawyer is the first step in succeeding with your case. The right attorney can help you determine fault for your condition, explain your legal options for addressing the situation, and assist you with recovering compensation for your damages. The attorneys at Wallace & Graham have the experience you need for this difficult type of case, so contact us today and schedule a consultation to learn how we can assist you.

FAQs

Q: How Much Compensation Can I Claim for Mesothelioma?

A: The amount of compensation you can claim for mesothelioma will vary based on several factors. If you are able to establish liability for your diagnosis, it is possible to recover compensation for any economic losses you have suffered, such as your medical bills and lost income, and you also have the right to claim physical pain and emotional suffering compensation. Your attorney can estimate the total potential value of your claim.

Q: What Is the Life Expectancy After Mesothelioma Diagnosis?

A: The life expectancy after a mesothelioma diagnosis depends on the stage at which the disease is identified. For localized mesothelioma, the five-year survival rate is about 24%. When the cancer has spread to distant parts of the body, the five-year survival rate drops to about 7%. One of the most challenging aspects of mesothelioma is the fact that the disease often goes unnoticed and unchecked for a long time before symptoms worsen to a noticeable level.

Q: Do You Pay Taxes on Mesothelioma Settlements?

A: No, you usually do not pay taxes on mesothelioma settlements. Federal and state tax authorities typically classify personal injury claim payouts as compensation for a loss, not as taxable income. Your attorney can help you maximize your recovery and can explain any potential tax concerns you may face, but this is unlikely in mesothelioma cases.

Q: How Long Does It Take to Resolve a Mesothelioma Case?

A: The time it could take to resolve a mesothelioma case depends on several factors. If you hire an experienced attorney to represent you, it may only take a few months to reach an acceptable settlement, but more contested cases can take more than a year. It is important to connect with experienced legal counsel as quickly as possible after diagnosis so your attorney can immediately begin working on your claim.

Q: Why Should I Hire a Mesothelioma Lawyer?

A: You should hire a mesothelioma lawyer to have a better chance of success in your legal efforts. The right attorney can gather the evidence you will need to firmly establish liability for your damages and hold the at-fault party accountable for your condition. They can also assess the full extent of the damages you are eligible to claim and resolve your case efficiently, helping you secure compensation as swiftly as possible.

The team at Wallace & Graham has years of experience handling mesothelioma claims for clients in multiple states, and we are confident that we possess the skill, experience, and professional resources you need on your side to reach a positive outcome for your case. If you were diagnosed with mesothelioma, contact us today and schedule a free consultation with our team to learn how we can help.