Who pays for mesothelioma damages?

by | Oct 18, 2019 | mesothelioma

In a more perfect world, companies would probably seek you out and compensate you directly if you were suffering from mesothelioma due to their negligent actions. Here in the real world in Louisiana, unfortunately, you would probably need to file a claim in order to have even a chance to receive compensation.

As for the question of who pays for mesothelioma treatment, the trial awards tend to come from large companies or financial entities established by those companies — trusts, for example. The same entities are typically responsible for paying settlements and damages for wrongful death suits surrounding mesothelioma.

Although receiving compensation may not be your first priority after a diagnosis of or a loss due to this condition, you should act quickly. You may not have long to bring suit because of Louisiana’s somewhat restrictive statutes of limitations.

For example, according to the Louisiana Civil Code, if your sibling, spouse, parent, child or grandchild passed away from mesothelioma, you would have one year to bring a wrongful death suit. This list of relations is also conditional, as certain relationships have priority in bringing this type of action.

The statute of limitations could be different based on your situation. For most cases involving personal injury, for example, it usually begins when the event that caused the injury occurred. However, in the case of something such as mesothelioma that takes a long time to show symptoms, the statute typically begins when you should have reasonably known about the condition. This would usually be when you receive your diagnosis.

If there is one thing that almost every mesothelioma sufferer has in common, it is that they all need to actively pursue compensation for the losses they have incurred. Apart from that, every situation is different. Therefore, please do not is this article as legal advice. It is only intended as general information.