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How to File an Asbestos Cancer Claim A claim is the first step in the legal procedure and begins a lawsuit. Individuals with mesothelioma, or other asbestos-related illnesses, can make a claim for compensation. Families of deceased victims may make a claim for wrongful death. Most lawsuits are settled out of court. However, victims must act quickly. Asbestos claims are subject to a statute of limitations. Once the time limit is reached, victims can no longer seek compensation. Lung cancer Lung cancer can affect the lungs as well as the bronchial tube. It can also be spread to other parts of the body. It can be detected using chest x-rays, CT scans, or PET/CT scanners. The majority of the time, the cancer will be asymptomatic at first and discovered only after routine imaging due to another reason. It can also cause symptoms such as pleural effusions or atelectasis, and non-resolving infiltrates of parenchyma. The cancer may be diagnosed by medical experts to determine its severity and the extent to which it has taken over. The risk of developing lung cancer is increased by smoking cigarettes, whether current or past. It's also increased due to exposure to radiation, air pollution and industrial chemicals like arsenic, chromium, nickel soot, tar, beryllium and asbestos. Smoking and exposure to these chemicals together increases the risk of developing lung cancer by 90 times. Mesothelioma Mesothelioma, which is a rare type of cancer, affects mesothelium – the lining that covers certain organs. This type of cancer is caused by exposure to asbestos. This kind of exposure usually occurs in the workplace. Asbestos fibres can irritate pleura, the lining that connects the lung. The irritation can lead to inflammation, which could cause mesothelioma to develop into a malignant. Mesothelioma can also spread to other body parts that have the same linings, such as the stomach's lining (peritoneal mesothelioma) and the testicles (pericardial mesothelioma). The symptoms of mesothelioma can vary depending on the type and location of mesothelioma. It can cause coughing, trouble breathing, chest pain and abdominal swelling. The symptoms of mesothelioma usually appear after a period of time following exposure to asbestos. Mesothelioma is difficult to identify despite its low incidence. Overland Park asbestos lawyer is due to the fact that its symptoms are similar to those of other illnesses and conditions. Patients should seek out a physician when they have persistent or troubling symptoms. They should also tell them about their asbestos exposure. A biopsy is the only way to definitively diagnose mesothelioma. Mesothelioma has a higher chance to be treated if it is discovered early. Patients suffering from mesothelioma are likely to be diagnosed in the third or fourth stage. This is because it can take up to 50 years for the disease to develop after exposure to asbestos. People who have spent a significant amount of time around asbestos are the most at risk, including miners, construction workers, and shipyard workers. The disease is more prevalent among males than females. The best options for treating mesothelioma include chemotherapy, surgery and radiation. At present, doctors are exploring new treatments to improve survival. If you or someone you know is diagnosed with Mesothelioma you should be scheduled for regular follow-up appointments with an oncologist or respiratory physician every three to four months, depending on the severity of your illness. You should also receive support via phone between face-to-face appointments. This will allow you to feel comfortable and educated about the treatment plan. Asbestos trust funds claims Companies that mined or manufactured asbestos, or distributed it widely used the substance extensively before the dangers of Mesothelioma were discovered. Many of these companies sought Chapter 11 protection, which allowed the establishment of trust funds that would compensate asbestos-related diseases victims. A victim or family member can file a claim for an asbestos trust fund on behalf of the person who is suffering. To file an asbestos trust fund claim, they must present the official proof of diagnosis which must be endorsed by a mesothelioma specialist or doctor. They should also present evidence of exposure to asbestos. This includes work history records bills, affidavits and affidavits from witnesses of their exposure at home or at the workplace. The process of filing an asbestos trust fund claim can be a bit confusing and time-consuming. A knowledgeable attorney can assist. A lawyer will conduct an in-depth examination of your asbestos exposure and mesothelioma diagnosis and determine the best method to submit a claim to the trust you have chosen. The lawyer can then compile all the required documents and paperwork and file them in accordance with the trust's protocol whether via online, mail or fax. In some instances, the lawyer can even help to negotiate a fair compensation settlement with the trustee of the asbestos trust. A lawyer will also make sure that your asbestos trust claim doesn't affect any other legal claims you could have, for instance, those with the Department of Veterans Affairs. If a mesothelioma sufferer files an asbestos trust fund claim, the trustee must examine each claim and determine its value. The trustee is accountable for ensuring that there is enough money in the asbestos trust fund to cover both current and future claims. To ration out the amount of funds available for each claim, each trust creates an agenda and distributes claims based on their priority. The schedule is determined by the estimated value of each condition, with more serious conditions being valued more than others. The schedule is updated over time as the trust tries to find the most fair way to distribute the remaining assets. Asbestos victims have the option of choosing between two types of review processes for their trust claims which are expedited and individual. The individual review process permits victims to receive compensation that is specific to their circumstances. This could result in a greater amount than the scheduled value offered in the expedited process.