Law

Making a Mesothelioma Claim Against a Bankrupted Company

You may have worked for a company that manufactured asbestos products but has since declared bankruptcy, possibly due to the number of mesothelioma lawsuits filed against them and the resulting settlements they were forced to pay. You can still make a claim and receive a settlement if this is the case.

Mesothelioma Lawsuits

In general, the best type of claim to file to receive compensation for mesothelioma-related medical bills and other expenses is a mesothelioma personal injury claim, which can be filed by anyone diagnosed with mesothelioma. If, however, your loved one has died of mesothelioma, a wrongful death claim can be filed by your loved one’s estate. These claims are processed through the court system, and it is best to seek counsel to pursue this route. Read more to better understand the disease and issues to raise when you seek counsel.

Asbestos Trust Funds

If the company you feel is responsible for your asbestos exposure has declared bankruptcy, it is still liable for compensation to asbestos victims who are diagnosed and file claims after the bankruptcy. During the company’s bankruptcy process, it was required for them to set up a trust fund with enough money to compensate future victims. In such a case, your claim will be processed through the bankrupt company’s trust fund instead of through the court system. Claims of this type generally move more quickly than those processed through the court system, many times settling in a manner of months.

Other Types of Claims

Being faced with significant out-of-pocket medical expenses coupled with a possible related loss of income while you are pursuing compensation takes a financial and mental toll on you at a time when you need to be focused on your physical and mental health. Many times, filing for Social Security Disability Benefits or Veterans disability compensation, if you are eligible, will provide you with a supplemental income. Another possible cost relief for out-of-pocket expenses can come from ensuring you enroll in the proper medicare coverage, if eligible, even if you have private health insurance. 

Coping with the stress of a terminal illness takes an immense toll on you and your loved ones. Having multiple types of mesothelioma lawsuits, asbestos trust funds and other claims can be daunting and add additional stress. Seeking competent mesothelioma legal representation can help you determine the type of claim or claims that are best for your individual circumstances.