Mesothelioma Medical Law: Types of Claims



Mesothelioma medical law is complicated. There are two types of claims namely personal injury and wrongful death. Mesothelioma claims can be initiated against parties liable for unlawful or negligent exposure to asbestos.

Personal Injury Claim

The first type of lawsuit is personal injury claim in mesothelioma medical law. The claimant is the same individual named in the suit. This type of lawsuit is the kind which US lawsuits mostly fall under. Majority of the mesothelioma claims filed in the United States are personal injury claims that fall under the toxic tort law. This tort involves a certain type of personal injury claim related to injury or illness which is the result of a chemical substance. Apart from abestos, other toxins named in this class of lawsuits include mercury, lead, pesticides and pharma products.

Wrongful Death Lawsuit

In this type of claim, the lawsuit is filed on behalf of the dead person by his/her family members or dependants. While the personal injury claim involves asbestos exposure, common defendant names are companies that are blocked from sale or manufacture and distribution of asbestos made products. Claimant in the personal injury lawsuit is the person who suffered the exposure and developed mesothelioma. But in the case of mesothelioma, symptoms advance fast and time is short. In a situation where the injured party (mesothelioma patient) is dead, the claim is filed by loved ones alleging wrongful death. In this, the family or dependants of victims are listed as claimants. The defendants are the same parties as those lised in the personal injury claim filed directly by the victim/patient.

Another difference between the two types of claims in mesothelioma medical law is the beneifciary. In wrongful death claims, damages are awarded to loved ones of the victim who have brought the suit. In both cases, the amount of the settlement can be based on various factors. In case of personal injury claims, the claimant or the victim is the beneficiary. In most cases, the settlement is preferred because it leads to positive legal outcomes. A skilled mesothelioma lawyer is also skilled at offering the best care for speedy trials as well.

Visit: https://arizonamesotheliomaattorney.com/firm-overview/

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