Who Can File a Mesothelioma Claim in New Jersey?

Who Can File a Mesothelioma Claim in New Jersey?

If you are facing a mesothelioma diagnosis, you need a law firm that understands what you are going through. At Garden State Justice Group, our mesothelioma lawyers help people like you and your family cope with this terrible disease and get the financial compensation you deserve.

Local resources for treatment and diagnosis of mesothelioma:

Who Is Eligible to File a Mesothelioma Claim in New Jersey?

Mesothelioma is a rare type of cancer caused by exposure to asbestos. According to the CDC, New Jersey has a mesothelioma death rate of 11.8 per million per year, which is much higher than the national average. If you were diagnosed with mesothelioma in New Jersey due to your or someone else's negligence, you may be entitled to compensation under New Jersey law.

But who can file a mesothelioma claim in the state? In this article, we'll look at who can file a mesothelioma claim in New Jersey.

Patients With Mesothelioma

If you are an individual diagnosed with mesothelioma, you may be able to file a personal injury claim for compensation if your cancer was caused by another party's negligent behavior or actions. To make a successful claim, you will need to show that:

  • A hazard existed (e.g., asbestos exposure)
  • The other party had knowledge of the hazard but neglected their duty of care
  • The negligence caused your injury (e.g., mesothelioma)

If all three elements can be established, then you will have a valid case and may be able to receive financial compensation for any medical bills, pain and suffering, and other damages related to the illness.

Families Of Those With Mesothelioma

If the patient diagnosed with mesothelioma has passed away as a result of their condition, then his or her family may also be able to recover financial compensation from the responsible parties on behalf of the deceased loved one. Under New Jersey law, family members are allowed to bring claims for wrongful death and emotional distress resulting from medical expenses and loss of companionship caused by the victim's death due to mesothelioma—even in cases where there was pre-existing health condition that could have contributed to mortality rates without proper treatment or diagnosis via an expert witness such as doctor specialized experienced mesothelioma care provider for example.

A claim for damages could cover lost income resulting from lost hours at work, funeral costs, and any other economic losses suffered due to the illness or death of a loved one from mesothelioma.

Others Harmed By Another's Negligence Leading To Mesothelioma

In addition to those directly affected by asbestos exposure and subsequent diagnosis of mesothelioma, spouses/partners or even co-workers also exposed in similar settings may have legal claims against employers whose negligent practices led employees being exposed over time. 

How to File a Mesothelioma Claim in New Jersey?

If you've been diagnosed with mesothelioma, you may be feeling overwhelmed by the medical costs and other expenses. One way to get some financial assistance is to file a claim for damages against your employer.

But how do you go about filing a mesothelioma claim to get the justice and compensation you deserve?

  1. Gather Evidence
  2. Get an Attorney
  3. File Your Claim

What is the Deadline for Filing a Mesothelioma Claim in New Jersey?

For those who have been diagnosed with asbestos-related cancer known as mesothelioma, time is of the essence. This rare form of cancer can be particularly devastating, and it often takes decades for a person to be diagnosed with the condition. In those cases, filing a claim for compensation can be life-changing.

In New Jersey, there are strict time limits that govern how long you have to file a mesothelioma lawsuit or other claim related to asbestos exposure. These limits are outlined in the state's Civil Statutes of Limitations.

Under New Jersey's statute of limitations laws, individuals who have been diagnosed with mesothelioma cancers typically have four years from the date they were diagnosed to file a personal injury lawsuit seeking damages arising from their cancer diagnosis. After four years has passed, they may no longer be able to seek additional relief and restitution through a civil court action.

If a person passes away from mesothelioma before they are able to bring a personal injury claim in court, their family members who wish to pursue justice have two years from their decedent's date to file a wrongful death claim against any responsible parties for damages arising from their loved one's death due to mesothelioma cancer caused by exposure to asbestos fibers or particles. This two-year limit exists even if it took decades for the individual suffering from mesothelioma cancers to become noticeably ill or incapacitated due to their illness-related complications prior to passing away due the illness itself before being able get medical care and diagnosis necessary representation under New Jersey's civil laws on such matters related victims' rights and liabilities litigation.

What to Expect When Filing a Mesothelioma Claim in New Jersey?

We understand the fear and uncertainty that comes with having been exposed to asbestos. This is why we are committed to fighting for the rights of mesothelioma sufferers and their families throughout New Jersey. At Garden State Justice Group, we are dedicated to helping you and your family win a fair and just settlement for your mesothelioma case.

The problem with mesothelioma is that it usually takes years before symptoms appear. That means that by the time you realize you have mesothelioma, it may be too late. When you file a mesothelioma lawsuit, we can help you obtain justice and financial compensation for your mesothelioma case.

It is estimated that New Jersey reported approximately 1,739 deaths due to mesothelioma from 1999 to 2015, according to Mesothelioma.com. Because of this, we know that New Jersey residents have the right to receive justice and financial compensation for their mesothelioma cases.

New Jersey law allows individuals to file a mesothelioma lawsuit if they have been exposed to asbestos. This includes employees, construction workers, and anyone else who has come into contact with asbestos in the past.

The Benefits of Hiring a Mesothelioma Lawyer

If you or a loved one have been diagnosed with mesothelioma, you may be considering hiring a lawyer to help with your case. And that's a great idea.
Mesothelioma is a serious diagnosis and can lead to expensive medical bills, lost wages from missed time at work, and the high cost of filing a lawsuit against negligent parties. A good mesothelioma lawyer can make the entire process much easier for you and increase your chances of getting the compensation you deserve.

  • Get Expert Guidance
  • Have Someone on Your Side
  • Access Medical Resources
  • Reduce Stress Levels
  • Increase Chances of Winning Cases

New Jersey Mesothelioma Attorneys

At Garden State Justice Group New Jersey, our New Jersey mesothelioma attorneys have helped families file many successful asbestos lawsuits. We know how important it is to have a strong legal team on your side when dealing with a complex and challenging case. The best way to navigate through this process is to have a personal injury attorney who has the experience and resources to properly represent your interests.

If you or a loved one has been diagnosed with mesothelioma, then contact our New Jersey mesothelioma law firm today for a free case evaluation.

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Shane Sullivan, Esq.
Date Published: December 20, 2022
Shane Sullivan, Esq. is a New Jersey Board Certified Civil Trial Lawyer that represents those who were injured or the family's of those killed by the negligence of others in personal injury lawsuits throughout New Jersey.
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This website is by DiLeonardo Law LLC d/b/a Garden State Justice Group. We have offices throughout the state of New Jersey with attorneys licensed to practice law in New Jersey. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey.
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