If Diagnosed with Mesothelioma, What Are Your Legal Options?

4 min read

Our lawyers don’t just handle cases. We help people. We know how devastating a mesothelioma diagnosis can be for you and those around you. We want you to focus on your health and your family, while we focus on exploring all legal options available to you.

Depending on the circumstances of your case, we may pursue compensation for you through avenues that include one or more of the following:

Mesothelioma Lawsuit

The reality is that companies knew for years about the dangers of asbestos but still continued to manufacture products containing the toxic mineral. We can identify the company responsible for the asbestos-containing product linked to your mesothelioma. If the company is still operating, we can pursue a product liability claim against the company and seek a full and fair recovery for the physical, emotional and financial harm that you have suffered.Additionally, because companies in Texas are not required to carry workers’ compensation insurance, the company that you or your loved one worked for may be privately insured. If that is the case, we may be able to bring a personal injury or wrongful death claim directly against the employer on your behalf.

Asbestos Trust Fund Claim Over the years, many companies that manufactured products with asbestos have filed for bankruptcy. However, under federal law, these companies have been required to create special trust funds that pay claims filed by individuals and families harmed by their products. The Sloan Firm can determine whether you are eligible for compensation through an asbestos trust fund and carefully guide your case through the claims process.

Workers’ Compensation Benefits

Depending on when the asbestos exposure in your case occurred, your exclusive remedy against your employer may be to file a claim for Texas workers’ compensation benefits. However, at the same time, we may still be able to pursue on your behalf a “third-party liability” claim against the manufacturer of the asbestos-containing product that harmed you or file a claim through that company’s asbestos trust fund.

Federal Employers Liability Act (FELA)

Claim A railroad worker diagnosed with mesothelioma cannot file a claim for workers’ compensation benefits. However, the worker may be eligible to bring a lawsuit against a railroad company under FELA if the company operates (or operated) in multiple states.

Social Security Disability Insurance (SSDI) Benefits

The Social Security Administration (SSA) recognizes mesothelioma as a condition that may qualify one for monthly disability benefits. In fact, the SSA deems pleural mesothelioma and peritoneal mesothelioma to be conditions that qualify for its Compassionate Allowances program, which expedites the processing of claims.

Veterans’ Disability (VA) Benefits

If you developed mesothelioma due to asbestos exposure that occurred during active military service, you may be eligible to file a claim for monthly disability benefits through the Department of Veterans Affairs. Many U.S. Navy veterans suffer from mesothelioma due to their exposure while serving on a ship or in a shipyard.

You can count on The Sloan Firm to carefully sort through all options available to you and pursue a legal strategy that is aimed at maximizing your financial recovery.

What Compensation Can You Pursue in a Mesothelioma Claim?

The compensation sought in a mesothelioma claim will depend on many factors, including whether a lawsuit, trust fund claim, benefits claim – or a combination of actions – are pursued on your behalf.

Generally speaking, when filing a lawsuit on your behalf, The Sloan Firm’s goal will be to seek full and fair compensation for you and/or your loved ones in the following categories:

  • Medical expenses – Reimbursement for all past and future medical expenses related to the mesothelioma treatment, including all travel expenses incurred to receive treatment from in-state and out-of-state specialists.
  • Loss of income – Compensation for all wages, bonuses, commissions and other income that you have lost due to your condition as well as compensation for income you will lose in the future due to your diminished ability to earn wages.
  • Pain and suffering – Compensation for the tremendous pain and discomfort caused by your mesothelioma.
  • Emotional distress – Damages that reflect the fear, anxiety and depression caused by a mesothelioma diagnosis.
  • Loss of enjoyment – Compensation that recognizes the significant impact on your ability to enjoy your life’s daily activities as you did before your mesothelioma symptoms arose.
  • Loss of consortium – Damages that reflect the harmful impact of mesothelioma on your relations with your spouse.
  • Wrongful death – Damages that provide income to dependents who have lost a family member to mesothelioma.

Our East Texas Mesothelioma Attorneys Are Ready to Go to Work for You

The Sloan Firm knows how stressful and challenging it can be for individuals and families who are faced with the harsh realities of a mesothelioma diagnosis. We want to help you and your family to regain control over what is important in your life.
You need to focus on your recovery. Meanwhile, you can trust us to handle all aspects of your legal case with the care and compassion you deserve.

If you or a loved one developed mesothelioma after working near asbestos in New Mexico, East Texas, or elsewhere, contact us today to discuss your case in a free consultation.

Our mesothelioma lawyers are committed to helping our clients on the road to recovery. We are ready to get to work for you today. Contact our team, with offices in New Mexico and Texas, to learn more today.

Call For a Free Consultation

(800) 730-0099

Signup for our newsletter to receive news and updates

We care about the protection of your data. Read our Privacy Policy.