How to File a Mesothelioma Claim in New Jersey
Posted on behalf of Lynch Law Firm on Jun 29, 2017 in Personal Injury News
Mesothelioma is a deadly form of cancer linked to asbestos exposure. Workers in New Jersey, and throughout the country, were exposed to this dangerous mineral for decades, which caused many to develop mesothelioma years after they were first exposed.
If you have been diagnosed with mesothelioma, you may be entitled to compensation. Our New Jersey mesothelioma attorneys can help you determine the cause of your illness in order to access the compensation you deserve.
Steps for Filing a Mesothelioma Claim
Before filing a mesothelioma claim, you should take the following steps.
Gather Details of Your Diagnosis and Medical Records
Your claim will require detailed medical records with proof of your diagnosis and treatment. You should:
- Note when symptoms first appeared.
- Note all the physicians you saw for your diagnosis, including specialists and second opinions.
- Obtain all medical records pertaining to your diagnosis, including copies of diagnostic tests and imaging.
- Note if other diagnoses were offered or if you were initially misdiagnosed.
Our attorneys may be able to help you locate and collect all of this information.
Determine Where You Were Exposed
Because mesothelioma can take several years to develop, it can be difficult to know exactly when and where you were exposed to asbestos. Furthermore, the material was used so commonly across many industries for more than one hundred years. It is possible you were exposed in many locations.
Those who are at the highest risk of developing mesothelioma are:
- Those who worked on vehicles, planes and ships with asbestos components
- Factory workers
- Construction industry employees
- Those who worked in buildings containing asbestos
It is also possible you were exposed to asbestos by a family member who worked with asbestos. Asbestos particles can travel on the clothing of exposed workers, in turn exposing others in their households.
Get Legal Help
Your mesothelioma diagnosis may entitle you to compensation. However, obtaining the amount you deserve can be complicated.
Working with a law firm experienced in handling mesothelioma cases can help you:
- Identify who should be held liable for your illness
- Determine the type of claim you should file
- Gather the necessary evidence to support your claim
We are committed to helping you obtain the compensation you deserve. This painful, complicated disease requires extensive treatment and care, and compensation can help support you and your family while covering expenses from your illness.
Options for Recovering Compensation
Mesothelioma victims may have several options available for recovering compensation for their illness.
The bulk of asbestos product makers have gone bankrupt. These companies were required to create trusts during their bankruptcies to compensate future victims affected by their products.
Depending on your work history and exposure, a fund may be available.
Our team can help you determine if you are entitled to compensation through a trust, and if you meet the trust’s requirements, we can help you file a claim.
Another option to recover compensation would be to file a lawsuit against the responsible party. The following types of companies could be held liable for your asbestos exposure and resulting mesothelioma:
- Asbestos products manufacturers
- Asbestos fiber companies
- Asbestos suppliers
- Asbestos contractors
- Property owners
- Designers or engineers
The two most common types of lawsuits mesothelioma patients may be able to file include:
Personal Injury Claims
A personal injury lawsuit allows an affected victim to seek compensation from the at-fault party for medical bills, lost wages, pain and suffering, and other damages related to mesothelioma.
In New Jersey, cases must be filed within two years of the date of the action causing the illness, per N.J. Stat. § 2A:14-2. However, because asbestos exposure typically happens many years prior to a diagnosis, the discovery rule will likely apply.
The discovery rule prevents the statute of limitations from starting until the victim becomes aware, or should have been aware, of his or her mesothelioma diagnosis. This means, you will generally have two years from the date of your diagnosis to file a lawsuit.
Wrongful Death Claims
If a loved one has died due to mesothelioma, certain survivors may be able to file a wrongful death lawsuit to recover compensation due to the wrongful death of their loved one from mesothelioma.
Eligible heirs have two years from the date of death to bring a wrongful death lawsuit, per N.J. Stat. § 2A:31-3.
Unfortunately, members of the military were often exposed to asbestos during their service. Because of this, those with mesothelioma can obtain veteran’s benefits from the Department of Veterans Affairs.
You must be able to prove that you were exposed to asbestos during your military service and must not have received a dishonorable discharge from the military.
In some cases, it may be possible to file a workers’ compensation claim for your mesothelioma. However, it is important that you discuss this option with a reputable lawyer who is familiar with New Jersey’s workers’ compensation laws.
Our team can help you determine if you may be able to file this type of claim.
Get Help Today from Our Mesothelioma Attorneys
The New Jersey personal injury lawyers at Lynch Law Firm fight for the rights of the injured. We work to recover the maximized compensation you need to help you pay for medical bills, cover lost wages, and compensate you for the pain and suffering you have incurred.
We urge you to schedule your free, no-obligation case consultation today. You will owe no legal fees unless we are able to recover compensation for you.
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Hasbrouck Heights, NJ 07604