Personal Injury Or Wrongful Death For Asbestos Mesothelioma Claims?

If you or a loved one have been diagnosed with Mesothelioma after asbestos exposure, you may have the right to compensation, but what type of claim do you need to make: personal injury or wrongful death? Here, you will learn which to file, how long you have to file it in New Orleans, and other differences between the two.

Mesothelioma is a particularly devastating and deadly cancer affecting the membrane around organs and cells, most commonly caused by Asbestos, a particularly harmful product used for decades in construction and insulation before anyone realized the extent of the harm it could cause.

Fortunately, in the years since laws have been passed and battles won in court to make those responsible pay back those who have suffered from this terrible cancer. Both those who are currently battling the illness and its expenses, and those who have recently lost a loved one to its ravages can demand compensation for their costs, harms, and losses.

However, here in Louisiana, the deadline is particularly tight to file your claim for compensation. So you have to act fast. Contact a Mesothelioma claim attorney as quickly as you can to take the first step: determining whether you need a personal injury claim or a wrongful death claim.

What Type Of Mesothelioma Claim Should I Pursue?

The short answer is that if you are still alive, you should be filing for a personal injury claim, but if you are filing for a deceased loved one, you should be filing for wrongful death, and a personal injury claim on behalf of the estate of the loved one.

While both types of claims are designed to help you recover losses and costs associated with an asbestos-induced Mesothelioma, they are not exactly the same. A wrongful death claim can

be brought by the estate of a deceased Mesothelioma victim, while a personal injury claim can be made by you if you are the one suffering from the illness.

Whichever type of claim you need to file, there are two things you need to do:

1. Contact An Attorney with experience working on Mesothelioma personal injury or wrongful death claims.
2. Act Quickly. The Louisiana statute of limitations is very short, and if you miss it, things become a lot more complicated.

When Do I Need To File My Personal Injury Or Wrongful Death Mesothelioma Claim?

Louisiana is among the states with the shortest statute of limitations for Mesothelioma claims. The statute of limitations is the time after which you lose your right to make a claim. Think of the time limit you have to file your claim, whichever kind it may be.

A time limit starts the day you discover you have Mesothelioma. As soon as you receive your diagnosis, or your loved one receives theirs, the legal clock starts ticking down. Some states have deadlines as short as 1 year.

That one year deadline might seem like a long time, but if you want your claim to succeed, and want to be reimbursed fully for all the costs, harms, and losses, you need to start working on it immediately. That is why it is so crucial to contact an attorney as soon as possible if you want to have any hope of getting a full and fair settlement for your loss.

What Can I Get Compensation For With A Mesothelioma Claim?

No legal action can undo the harm that was caused to you or your loved one by the Asbestos exposure and resulting Mesothelioma. However, it can make sure that the individual or company responsible pays the bills for your treatment and covers the costs of your losses and harms.

Cancer treatment is not cheap, and the disruption it causes to work and the rest of your life is hard to overstate. Fortunately, all such costs, even seemingly indirect ones, can be reimbursed with a successful personal injury or wrongful death claim.

Your compensation can thus include:

• Medical costs associated with Mesothelioma, such as surgeries, treatments, medication, tests, and more.
• Other direct economic costs, like a loss of wages or decreased earning ability.
• Harder to measure costs, such as a loss in quality of life, pain and suffering, loss of companionship and similar non-economic costs can also be included.

While these are all the damages you can claim in a personal injury case, in a wrongful death claim, you can also add additional costs:

• Costs directly related to the loved one’s death, such as funeral costs.
• Indirect costs connected to their death, such as counseling for grief and trauma or the lack of their labor around the house.
• Harder to measure costs like a loss of consortium for spouses or grief and other emotional burdens.

Either way, these damages are extensive and often quite hard to measure and prove, which is why your attorney needs as much time as possible to prepare your claim. And why you should not try to file a Mesothelioma claim without a personal injury or wrongful death lawyer to assist you.

If You Have Been Diagnosed With Mesothelioma In Louisiana, Call Our Office Today

Mesothelioma is a difficult diagnosis; there is no doubt about it. You are likely to feel overwhelmed, even if it is not you but a loved one who has received the news. Nevertheless, in New Orleans or anywhere else in Louisiana, time is already ticking away on the statute of limitations, so you have to act.

Fortunately, our lawyers can handle either a personal injury claim, or a wrongful death suit, and even (tragically) has experience turning one into the other if you run out of time. But the more time you give us, by calling (504) 285-9900 right now, the better deal we can get for your compensation.

So do not wait; get in touch now, and make sure those responsible for your illness pay the bill for what you have endured.