Mesothelioma is a devastating, aggressive form of cancer that is caused by exposure to asbestos. Asbestos is a mineral that was widely used in the United States, including in New Mexico, in the 20th century due to its fire-resistant properties. Unfortunately, exposure to asbestos can lead to mesothelioma, as well as other serious health issues.
If you or a loved one has been diagnosed with mesothelioma as a result of exposure in New Mexico, you may be entitled to compensation. New Mexico has a unique system of compensation for mesothelioma victims, and it is important to understand your rights and options.
What Are Mesothelioma Settlements?
Mesothelioma settlements are agreements between a mesothelioma victim and one or more companies responsible for their asbestos exposure. Settlements usually involve a monetary payment to the victim in exchange for the victim releasing the company from further liability.
How Much Can You Receive in a Settlement?
The amount of compensation you may be eligible to receive in a mesothelioma settlement varies depending on a number of factors, including:
Factor |
Description |
Medical Expenses |
The cost of medical treatment for mesothelioma |
Lost Wages |
Wages lost due to mesothelioma and its treatment |
Pain and Suffering |
The physical and emotional pain caused by mesothelioma |
Duration of Exposure |
The length of time the victim was exposed to asbestos |
Type of Asbestos |
The type of asbestos to which the victim was exposed |
Age of Victim |
The age of the victim at the time of diagnosis |
How Are Settlements Reached?
Mesothelioma settlements can be reached through negotiations between the victim and the responsible companies or through a lawsuit. Many mesothelioma victims choose to file a lawsuit to receive compensation because it allows them to pursue damages beyond what they may receive in a settlement.
Understanding New Mexico Mesothelioma Settlements
New Mexico has a unique system of compensation for mesothelioma victims. The state requires companies that have caused asbestos exposure to create a trust fund to pay for claims made by mesothelioma victims.
What Are Trust Funds for Mesothelioma Victims?
Mesothelioma trust funds are established by companies that have been found liable for asbestos exposure. The funds are created to pay for compensation claims made by mesothelioma victims.
How Do You File a Claim in New Mexico?
If you or a loved one has been diagnosed with mesothelioma and believe it is due to exposure in New Mexico, you can file a claim with the state by following these steps:
- Document your work history and any exposure to asbestos
- Confirm your mesothelioma diagnosis with a medical professional
- File a claim with the New Mexico Mesothelioma Trust Fund
What Is the Deadline for Filing a Claim in New Mexico?
The deadline to file a mesothelioma claim in New Mexico is three years from the date of diagnosis.
Can You Sue If You Accept a Settlement?
If you accept a mesothelioma settlement, you are typically required to sign a release that relieves the responsible company from any further liability. This means that you cannot file a lawsuit for the same exposure in the future.
Can You File a Lawsuit in New Mexico?
Yes, you can file a lawsuit in New Mexico if you have been diagnosed with mesothelioma as a result of exposure in the state. It is important to consult with an attorney who specializes in mesothelioma lawsuits to determine your options.
FAQs
What Are the Symptoms of Mesothelioma?
Symptoms of mesothelioma can include shortness of breath, chest pain, coughing, fatigue, and weight loss.
Is There a Cure for Mesothelioma?
There is currently no cure for mesothelioma, but treatment options are available to manage symptoms and improve quality of life.
What Companies Are Responsible for Asbestos Exposure in New Mexico?
Companies that have been found to be responsible for asbestos exposure in New Mexico include Raytheon, Phelps Dodge, and Texas Instruments.
Can You File a Claim on Behalf of a Deceased Loved One?
Yes, you can file a mesothelioma claim on behalf of a deceased loved one if they passed away due to mesothelioma.
Is There a Fee to File a Claim?
No, there is no fee to file a claim with the New Mexico Mesothelioma Trust Fund.
What Are the Benefits of Filing a Mesothelioma Claim?
Filing a mesothelioma claim can help you receive compensation for medical expenses, lost wages, and pain and suffering caused by mesothelioma. It can also hold companies accountable for their role in causing your exposure.
How Long Does It Take to Receive Compensation?
The time it takes to receive compensation varies depending on the specifics of your case, but it can take several months or even years.
What Happens If the Trust Fund Runs Out of Money?
If the New Mexico Mesothelioma Trust Fund runs out of money, claims will be paid on a pro rata basis.
What Is the Statute of Limitations for Mesothelioma in New Mexico?
The statute of limitations for mesothelioma in New Mexico is three years from the date of diagnosis.
Can You File a Claim If You Live Outside of New Mexico?
Yes, you can file a claim with the New Mexico Mesothelioma Trust Fund even if you live outside of the state.
Do You Need a Lawyer to File a Claim?
While you are not required to have a lawyer to file a claim, it is highly recommended that you consult with an attorney who specializes in mesothelioma cases to ensure that your rights are protected and you receive the compensation you deserve.
What Happens If You Do Not File a Claim Before the Deadline?
If you do not file a claim before the deadline, you may lose your right to seek compensation for your mesothelioma.
What Can You Do If You Have Been Diagnosed with Mesothelioma?
If you have been diagnosed with mesothelioma, it is important to seek medical treatment and consult with an attorney who specializes in mesothelioma cases to understand your legal rights and options for compensation.
Conclusion: Pursuing Compensation for New Mexico Mesothelioma Victims
If you or a loved one has been diagnosed with mesothelioma as a result of asbestos exposure in New Mexico, it is important to understand your rights and options for compensation. New Mexico has a unique system of compensation for mesothelioma victims, including the New Mexico Mesothelioma Trust Fund. Whether you pursue a settlement or file a lawsuit, consulting with an attorney who specializes in mesothelioma cases can help ensure that you receive the compensation you deserve.
Don’t wait to pursue your legal rights as a mesothelioma victim. Contact an attorney today to learn more about your options for compensation.
Closing Disclaimer
The information in this article is intended for educational purposes only and should not be construed as legal advice. If you are seeking legal advice or representation, please contact an attorney who specializes in mesothelioma cases.
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