Asbestos, a natural substance, has been linked to mesothelioma, a rare cancer affecting the lining of the lungs, heart, or stomach. In spite of regulations, it still gets used in some industries. Pennsylvania employees who get exposed at work usually do not show symptoms for many years. They could be eligible for several types of compensation.
Types of compensation
Many companies kept the dangers of asbestos hidden, and when the dangers became known, they got too overwhelmed by claims and filed for bankruptcy. More than 60 trusts were funded as a result, with around $30 billion available to patients.
A mesothelioma patient or their family may file a wrongful death claim or personal injury lawsuit. A wrongful death suit is filed on behalf of a family member who died from asbestos exposure.
A patient can file a personal injury lawsuit against the employer, and the jury decides the amount of compensation. They may be able to collect punitive damages, or damages that punish the defendant.
In many cases, there is a settlement offered by the defendant. Many mesothelioma cases get settled out of court, because the defendant doesn’t want to risk a trial. Some patients could qualify for veterans’ benefits, workers’ compensation, or assistance from other financial institutions.
Eligibility for compensation depends on the type of claim, but they have certain criteria in common. The plaintiff must have a confirmed diagnosis of mesothelioma which derived from the military or worksite.
While many companies settle out of court, they commonly offer an inadequate amount. Victims may work with an attorney to determine the best option, to help file claims, or go to trial if needed.