Mesothelioma in US States

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Dad is Gone, Mom has Mesothelioma: Is Bankruptcy an Option?

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My dad was exposed to asbestos while at work which lead to him contracting the deadly disease, eventually leading to his untimely death. The symptoms of Mesothelioma were non-specific and it took more than 30 years to appear from the time he was exposed to asbestos at his workplace. The symptoms included shortness of breath and severe pain in his chest due to accumulation of fluid around his lungs. It also led to him losing weight.

Now my mother has developed Mesothelioma because she handled his clothing. In spite of this disease being quite rare, it can be developed even if one member of the family is exposed to asbestos and brings it home on the clothes. It can affect family members through secondary exposure, just as it happened in my family. Though it occurs more among men than women and the risk of developing it is more for older people, there are chances that it can appear among either gender at any age.

As my mother has also developed this disease, there are only a few options for me to be able to take care of the family financially. One option is to file lawsuits against the company where my father was exposed to asbestos. Now, many states have enacted laws which enable family members to claim compensation from the employer of the victim. The lawsuit must be filed within a particular timeframe. I can make a claim for various consequences like:

• Medical expenditures for the treatment of my mother
• Rehabilitation charges
• Lost as wages after the death of my father
• The earning capacity of my father had he been healthy
• Mental trauma and emotional anguish

The Legal Procedure for MesotheliomaThe Legal Procedure for Mesothelioma

After filing lawsuit against the company, it will be necessary to prove the following:

• Confirmed diagnosis of Mesothelioma
• That my father was exposed to asbestos at this workplace and my mother developed the disease by secondary exposure
• My father’s employer was responsible for the exposure

Bankruptcy as an Option in Mesothelioma

When both my parents developed this deadly disease, I thought of the option of filing for bankruptcy. However, I checked out the option of compensation prior to going for bankruptcy. I would not have been eligible for compensation for following reasons:

• The case of my father contracting the disease is too old because the State and federal laws require legal claims for asbestos related diseases to be undertaken within a short period of time after diagnosis. According to law, it should be done within 1-3 years of the time of diagnosis or death.
• If the employer company is bankrupt and is without any funds, the compensation cannot be claimed unless it was taken over by another company. In order to avoid giving compensation for family members of the affected people, most companies declare bankruptcy protection in spite of having millions of dollars with them.

Choosing a capable lawyer to fight your case will help in getting thousands of dollars. Thus, it is better to go for the option of claiming compensation where there is the chance of settlement rather than looking at the option of filing bankruptcy.

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