Mesothelioma Compensation

Companies with a lot of asbestos liabilities often go into bankruptcy to manage costs and handle claims.

Trust funds make sure bankrupt companies continue to compensate the people they exposed to asbestos. These trusts have criteria that asbestos victims must meet to be eligible for payouts.

An asbestos attorney can help determine if a mesothelioma patient or family member can file one or more trust fund claims. This varies for each case.

Mesothelioma Lawsuits

A mesothelioma lawsuit is a legal action handled in the court system between an asbestos victim and asbestos companies. A lawsuit may end in settlement agreements between parties, or a verdict decided by a jury. Asbestos victims may file different types of lawsuits depending on the facts of their case, namely:

• Personal injury lawsuits: This type of lawsuit may be an option for people who receive a mesothelioma diagnosis.
• Wrongful death lawsuits: This type of lawsuit may be an option for family members after a loved one dies from mesothelioma.

According to KCIC’s Asbestos Litigation: 2022 Year in Review report, mesothelioma filings make up more than half of asbestos lawsuits. In 2022, mesothelioma patients and their family members filed almost 1,900 lawsuits.

People with asbestos-related diseases other than mesothelioma may also be able to file lawsuits. Lung cancer, ovarian cancer and other asbestos cancer victims have also received compensation. In total, 3,550 asbestos lawsuits were filed in 2022, including mesothelioma, lung cancer, other cancers and non-malignant tumors.

Mesothelioma Lawsuit Verdicts

A jury delivers a mesothelioma lawsuit verdict at the end of a trial. If the jury finds an asbestos company liable for a person’s diagnosis or death, they will decide how much compensation the company owes. A mesothelioma attorney can advise their client on the strength of their case and the likelihood of a favorable verdict.

Juries may base verdict award amounts on several considerations. For example, they may factor in medical expenses and lost wages due to inability to work. Juries may also award punitive damages to victims. This type of compensation is meant to punish asbestos companies for bad behavior.

Mesothelioma Settlements

A mesothelioma settlement is an agreement to end litigation against an asbestos company. Companies may offer compensation to settle a case before, during or after a trial.

Many mesothelioma lawsuits consist of a victim suing several companies. Each company can offer a settlement to end litigation against them. Accepting a settlement offer from one company does not end litigation against other companies named in the lawsuit.

An experienced mesothelioma attorney can negotiate settlements on behalf of their clients. It is then up to asbestos victims to choose whether to accept a settlement offer. If they do not accept, the case continues.

Other Types of Mesothelioma Compensation

Lawsuits and asbestos bankruptcy trust claims are just two ways of seeking compensation. Other types of mesothelioma claims and assistance programs may provide additional compensation. For example, eligible asbestos victims may receive veterans benefits or workers’ compensation.

A lawyer can help asbestos victims explore options for compensation in addition to lawsuits and trusts.

Workers’ Compensation Claims

Workers’ compensation is a type of insurance that covers costs of on-the-job injuries. People who develop an asbestos disease from an asbestos jobsite may be able to receive this type of benefit. Workers’ compensation benefits may include money for lost income and medical costs.

Workers’ compensation may be difficult for mesothelioma patients to secure. Mesothelioma’s long latency period means that people often develop the disease decades after exposure. Each state has their own workers’ compensation program with their own benefits. Nationwide asbestos law firms can help asbestos victims navigate and file this type of claim.

Veterans Claims

Veterans and family members may be eligible to file benefits claims with the U.S. Department of Veterans Affairs (VA). The VA has several programs to help veterans with mesothelioma. To qualify, veterans must have experienced asbestos exposure during military service. Asbestos use was common in the military during the 20th century.

The VA assigns a 100% disability rate to veterans with mesothelioma. The VA’s 2023 compensation rates entitled veterans with mesothelioma to more than $3,500 a month. Veterans with dependents are entitled to higher compensation.

Filing for VA benefits claims does not prevent asbestos victims from filing lawsuits or trust fund claims. Many asbestos filings have included people who spent time in the Army, Navy, Air Force or other military branch.

Other Financial Assistance

Individuals may supplement mesothelioma compensation with other forms of financial assistance. These programs may provide additional money to help pay medical bills, travel costs and other expenses. Other types of financial assistance include:

• Community assistance: Community organizations may offer grants to help pay for costs associated with treatment. Volunteer organizations may also be available to help with errands, transportation and more.
• Medicaid: Medicaid is a government program that provides health coverage to individuals in need. Eligible low-income adults and disabled people may be able to enroll in this program.
• Medicare: Medicare is a government program that provides health care to people 65 and older.
• Private health insurance: Private insurance may help cover mesothelioma treatment costs. Patients can review their insurance policy to determine potential coverage.
• Social Security Disability Insurance (SSDI): Eligible patients and family members may qualify for SSDI benefits. People who meet the program’s work requirements and pay Social Security taxes on their earnings can apply.

These other forms of financial assistance can help provide further support to asbestos victims. Getting assistance from these sources does not prevent a person from filing a lawsuit or mesothelioma claim.

Did You Know?

Asbestos victims may be eligible for several different types of compensation to ease the financial burden of this disease. An experienced mesothelioma lawyer will know which options will provide you and your loved ones the best financial compensation available for your situation.

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03. Payout Time Frames

How Long Do Mesothelioma Payouts Take?

The time it takes to receive mesothelioma payouts is different for each individual case. Verdict payouts may take several months to a year, and settlements may pay out quicker depending on when the case settles. Asbestos trust funds typically pay out within a few months. Filing soon after a mesothelioma diagnosis or death can help individuals receive compensation more quickly.

Mesothelioma lawyers can help set expectations for time frames for individual cases. They can explain how things like lawsuit type, party availability and the facts of a case can affect the time it takes to resolve a legal action.

How Is Asbestos Compensation Paid Out?

Asbestos lawsuit compensation is usually paid out in a lump sum or structured settlement. The money typically comes as a check or through a wire transfer. Payment plans for mesothelioma cases depend on the type of lawsuit or claim. Recipients may receive lump sums, monthly payments or other types of payments.

Compensation is generally provided without specifications on how to spend it. This helps asbestos victims cover costs as needed given their individual situations.

04. Who Is Eligible to File?

Who Is Eligible for Mesothelioma Compensation?

Eligible individuals can file lawsuits to seek mesothelioma compensation. Mesothelioma patients may file personal injury lawsuits. Families of deceased patients may file wrongful death lawsuits. Different claim types, such as trust fund claims, have their own eligibility requirements.

In general, to be eligible for compensation, asbestos victims must:

• File within any time frames, such as windows for filing lawsuits outlined in a state’s statutes of limitations
• Have evidence of asbestos exposure, often provided in the form of work history or military records
• Have medical documentation showing a diagnosis of an asbestos-related illness

Experienced mesothelioma lawyers can help asbestos victims determine eligibility. They can also help gather evidence and file within appropriate timelines.

Are Family Members Eligible for Compensation?

Family members may seek compensation for the death of a loved one from mesothelioma. For wrongful death lawsuits, this includes children, spouses and other close relatives or dependents. They may also be entitled to certain benefits, such as monthly VA claim payments or healthcare benefits.

Compensation from wrongful death lawsuits and other sources can help provide financial security. It can also help pay for outstanding medical costs.

Mesothelioma attorneys can help family members file asbestos claims after death. They have experience with asbestos cases and claims filed on behalf of mesothelioma patients’ families.

05. How to File for Compensation

How to File for Mesothelioma Compensation

Mesothelioma lawyers can file lawsuits and claims on behalf of asbestos victims. The lawsuit and claims processes vary based on the type of legal actions victims and their legal teams pursue. But the filing process to seek mesothelioma compensation follows a general series of steps.

1. Connect With a Mesothelioma Lawyer
   The first step for filing any mesothelioma claim is to consult an experienced lawyer. Top law firms usually offer an initial, free case review with no obligation to hire them. Mesothelioma attorneys at these firms have experience with different types of claims and can help get the maximum possible award.
2. Research Details for Your Claim
   Lawyers can research case details, such as how and when asbestos exposure occurred. It is also important for clients to provide attorneys with any medical or employment documents to prove these facts. Lawyers also have access to previous cases, asbestos product records and exposure reports to help with this stage.
3. Determine Your Options
   Lawyers will discuss compensation options and help choose the best strategy to achieve clients’ goals.
4. File Your Claim
   Once a case is prepared, a lawyer can file a lawsuit or claims on behalf of their client. After filing, next steps will vary based on the type of lawsuit or claims. For example, settlement offers may arrive after filing or during lawsuit hearings.
5. Negotiate Your Award
   After filing a claim or lawsuit, a lawyer can work the case on behalf of their client. For a lawsuit, a lawyer can negotiate settlement amounts and litigate at trial.

06. Mesothelioma Compensation Myths

Myths About Mesothelioma Compensation

Asbestos victims may have concerns about hiring a law firm based on misconceptions about the legal process. This is understandable, as several myths surround mesothelioma cases and compensation. Learning more about asbestos litigation can correct misconceptions and allow victims to make more informed decisions.

Examples of myths surrounding asbestos litigation include:

Myth: Hiring a mesothelioma lawyer is too expensive.

Top mesothelioma law firms offer free consultations to review cases. A consultation does not come with an obligation to hire the firm. Once hired, lawyers at the firm usually work on a contingency fee basis. This means they do not receive payment unless their client receives compensation. Simply put, if your case is not successful, you do not pay.

Myth: I cannot get compensation because I’m not sure how or when the asbestos exposure happened.

Mesothelioma lawyers can help asbestos victims determine how they were exposed. They have the resources and experience to help make this determination. They can review clients’ work histories and military records to find out who may be responsible for their exposure.

Myth: Mesothelioma lawsuits are stressful and take a long time.

Mesothelioma law firms handle lawsuits and claims on behalf of their clients. This includes filing, negotiating settlements and arguing cases at trial. This leaves patients and families time to focus on treatment and time together. Most mesothelioma lawsuits settle before trial. Many clients receive compensation within a year of beginning legal action.

Myth: Veterans filing mesothelioma lawsuits are suing the government.

Veterans who pursue mesothelioma lawsuits are not filing against the government. Instead, they sue the asbestos companies who made the materials that led to exposure. Veterans should not feel they are being unpatriotic by seeking the justice they deserve.

Asbestos victims can discuss any other concerns with lawyers during free consultations. Experienced lawyers can answer any questions related to asbestos cases.

Questions About Mesothelioma Compensation?

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07. Common Questions