Mesothelioma claims is a financial award to patients and family members affected by mesothelioma cancer. The average settlement is $1 million to $2 million. The asbestos trust fund can pay more than $150,000.
How much compensation can you get for mesothelioma?
Mesothelioma claims varies for each type of claim. The average settlement ranges from $1 million to $2 million.
The average mesothelioma trial payment is approximately $2.4 million, according to a 2016 Melee litigation report.
If the mesothelioma claim goes to trial, a settlement may be reached, or a jury may determine the amount of compensation if the defendant is found guilty of asbestos exposure. Most cases are settled before trial.
If a loved one dies from mesothelioma, compensation may be available to family members, spouses, or dependents through a wrongful death lawsuit filed on behalf of the loved one’s estate.
Mesothelioma claims helps cover medical expenses, lost wages, travel costs, and other damages. It provides financial security for families when a loved one can no longer work.
Other types of financial aid may also be available. It is important to weigh all of your available options for compensation to decide what is best for you and your family.
How long will it take to get the compensation?
It can take years for a jury trial to reach a verdict and receive compensation, but defendants may offer to settle quickly, possibly within several months. The time taken to receive compensation also depends on the type of claim you have filed.
Money from the Asbestos Trust can be received in a matter of months.
Deciding whether or not to file a lawsuit is an important decision in any situation, especially if you are coping with the stress of a terminal illness.
A mesothelioma attorney can provide the most accurate estimate of how long it may take to receive compensation for your unique case.
Types of Mesothelioma Claims
Sources of mesothelioma claims include the asbestos trust fund and judgments or settlements obtained through lawsuits.
The number of legal claims directed to asbestos trust funds exceeds mesothelioma lawsuits because many asbestos companies have gone bankrupt. This does not mean that those companies are free from liability.
In bankruptcy proceedings, many asbestos manufacturers have been ordered to set up a trust fund with sufficient money to compensate future asbestos victims. Most trust funds contain hundreds of millions of dollars; some even contain billions.
A mesothelioma attorney may recommend filing a trust fund claim and lawsuit, depending on whether asbestos products are relevant to your case.
Asbestos Trust Fund
If you develop mesothelioma due to exposure to an asbestos product made by a company that has gone bankrupt, your legal claim for damages may be processed through the bankrupt company’s trust fund rather than the court system.
Trust fund claims are generally processed quicker than mesothelioma lawsuits because they do not have to be handled by the court system. Claimants usually get compensation within a few months.
A mesothelioma personal injury lawsuit is often the best type of claim to file if your family wants to receive compensation for payment of medical bills, lost wages, and other expenses.
A mesothelioma attorney can walk you through the process and handle every legal detail while you focus on treatment and recovery.
Another option is filing a wrongful death claim when a person dies from mesothelioma. Surviving family members often represent the estate when filing this type of claim.
There are two types of mesothelioma lawsuits:
Personal injury claims: These lawsuits are filed by people diagnosed with mesothelioma seeking compensation to cover medical bills, lost wages, and other expenses.
Wrongful death claims: These lawsuits are typically filed by the estate of a deceased loved one who died of mesothelioma.
If the defendants do not settle and your case goes to trial, a court or jury will decide your case. If the defendant is found liable, the award of the lawsuit will include monetary compensation.
If you win, the amount you are owed depends on the facts of your case and other factors such as medical costs and lost income. Each mesothelioma case is unique, and there are no set guidelines for compensation.
More than 3,600 mesothelioma lawsuits seeking compensation were filed in the US in 2020, according to a leading 2021 industry report.
A settlement occurs when a defendant offers to pay compensation to the mesothelioma plaintiff in exchange for closing the lawsuit.
Many mesothelioma lawsuits are settled before trial. A qualified asbestos law firm will negotiate and advise you on whether to seek compensation or prosecute.
Several factors affect whether your mesothelioma lawsuit settles.
Some defendants decide that settling the claim is cheaper than incurring higher legal fees and provides certainty of the payment amount rather than risk losing at trial along with an undetermined amount of damages.
Other defendants are willing to risk trial because they may compromise at any point, especially if the evidence in the case seems to favor the defendant.
Who is eligible for compensation for asbestos exposure?
Anyone diagnosed with mesothelioma exposed to asbestos can file a compensation claim. An experienced asbestos attorney can help you gauge your eligibility and the value of your case.
You may also be eligible to receive compensation if you have lost a loved one to mesothelioma. Close family members, such as spouses and children, who have lost a loved one to mesothelioma may be eligible for compensation through a wrongful death claim.
Proving a mesothelioma diagnosis and evidence of asbestos exposure is important, whether filing a claim as a patient or a survivor of a loved one.
Are family members eligible for compensation?
Yes, surviving family members who have lost a loved one to mesothelioma may be eligible for compensation.
Family members can represent the estate of a loved one who died by filing a wrongful death lawsuit or trust fund claim.
A qualified mesothelioma attorney can review your case and advise you on whether you are eligible to file a claim, as well as the best claim to file based on the circumstances of your case.
In some cases, the surviving family members may be eligible to receive compensation through multiple legal options.
How to File for Compensation for Mesothelioma
It is beneficial to file for mesothelioma claims with an attorney experienced in handling asbestos lawsuits.
A financial award can help cover costs of asbestos-related illnesses not covered by insurance, such as transportation, home health aides, and complementary treatments.
The right mesothelioma attorney will help you understand your options for filing a claim, proving your history of asbestos exposure, and tracking your expenses.
A top mesothelioma attorney will maximize your compensation but not promise a fixed amount.
Get an Attorney: Find out what compensation you may be eligible to receive by speaking with an experienced mesothelioma attorney who can help determine what is best for you and your family.
Discovery Period: Work with your attorney to help them discover the facts regarding your asbestos exposure history. This process usually focuses on where you worked and what products you were exposed to.
Weigh Your Options: Consider all of the compensation options presented by your attorney, including trust funds and lawsuits.
Accept or Reject Settlement Offers: If you file a lawsuit, you may need to consider the defendants’ settlement offers. Your attorney will advise you on settling your claim or proceeding to trial. (mesothelioma claims)
Filing Process for Mesothelioma Claims
If you accept a settlement offer from the defendant, your attorney will manage the settlement process.
Your attorney and defense attorney will report the settlement agreement to the court, which will issue a settlement order.
The defense will prepare a document called release. Once agreed upon, your attorney will send it to you to sign and have it notarized.
Any personal liens, whether medical (usually health care providers) or governmental (for example, Medicare, Medicaid, or child support agencies), will need to be paid from the settlement amount before your attorney will pay you the rest of the settlement can do.
Before accepting the settlement amount, consider and track all expenses related to your mesothelioma diagnosis and treatment.
Account for cancer treatment, travel for treatment, hiring help, and providing complementary therapies.
Transportation can be expensive, as can hiring a home health aide to help with cooking, cleaning, yard work, general maintenance, and care for you.
Your health insurance may not cover complementary therapies like massage therapy, so it’s important to factor in these costs.
Tamron-Little-17-What patients and family members should expect when seeking compensation for asbestos exposure.
What should you expect when seeking compensation?
Documenting your exposure
No one is expected to remember everything about their work, health, life, and asbestos exposure history. It’s simply too much information, and the time between exposure and diagnosis is too long.
This is one reason people file lawsuits instead of workers’ compensation claims. Additionally, in many cases, the time for filing a workers’ compensation claim has legally expired.
Your attorney will help you document your asbestos exposure by asking questions about your work history to determine your exposure to asbestos-containing products.
They had conducted extensive investigations into thousands of job sites to determine exactly what asbestos products were used and when they were used.
They may also conduct new investigations into workplaces to determine whether asbestos was used. This may include reviewing purchase order history and other historical records. (mesothelioma claims)
Specialized Resources for Mesothelioma Lawyers
Speaking with a qualified mesothelioma attorney is one of the most important actions you can take when considering an asbestos claim.
They have resources to find out your risk history that other attorneys do not have, and those resources can help your case significantly.
Product identification: Books containing photographs of asbestos-containing products and their packaging help former asbestos workers identify the products they use.
Knowledge of specific products or brands of exposure can greatly increase the value of your case.
Employment Records: These are available through the federal government with your approval. These documents prove that you worked where asbestos products were used.
Eyewitnesses: Lawyers will also try to identify and locate co-workers, friends, or witnesses who can help corroborate your exposure history.
Expertise: Experienced lawyers can compare your case with others they’ve handled and see how it stacks up. Case histories of other claims can be a good indicator of what to expect in your case.
The nation’s top mesothelioma law firms offer free consultations and case reviews. This allows you to ask important questions and learn more about the firm and its history of success.
Other types of financial aid
In addition to compensation from a mesothelioma claim, you can take advantage of other types of financial assistance, such as Military Veterans Claims, Private Health Insurance, Medicare and Medicaid, Long-Term Disability Insurance, Social Security Disability Payments, and Community Assistance.
These programs are designed to help someone with a serious illness. Some programs may provide financial assistance in as little as a few weeks or months, and some provide ongoing monthly compensation. (mesothelioma claims)
Military veteran claim
Many people who served in the US armed forces—especially those who worked in shipyards—were exposed to asbestos.
Veterans have the right to file a VA claim seeking compensation for any illness they developed due to their military service. Paperwork can be confusing and complicated. A VA-accredited claims agent can help.
VA-accredited claims agents often recommend that veterans file VA claims at the same time they file legal claims.
Waiting for these claims to be filed separately will only delay things. The compensation received from one claim will generally not affect another, which means you will receive compensation more quickly if you file these claims simultaneously.
Private health insurance
Health insurance can help offset your expenses. If you already have insurance, review your out-of-pocket deductible and copay amounts and any coverage limits.
If you receive benefits through your employer’s group health insurance plan and cannot return to work, your employer will usually stop paying for your health insurance. You can continue your coverage for a limited period, but your premiums usually go up.
Be sure to review your insurance documents, obtain more information from your insurer, and speak with your human resources manager. (mesothelioma claims)
Medicare and Medicaid
You may be eligible for Medicare or Medicaid benefits. These government programs provide health care benefits for qualified seniors, people with disabilities, and people with limited income.
These health insurance options provide coverage for all types of mesothelioma treatment. Reimbursement in these programs is more affordable than some forms of private insurance.
This financial assistance helps families with cancer care but typically does not cover 100% of treatment costs.
Long term disability insurance
If you have long-term disability insurance, you may be able to receive a percentage of your pay.
You must submit paperwork so your insurer can determine whether you are eligible for benefits.
This includes documents from your doctor verifying your disability. Typically, this is only available if you are away from work for several months.
If you didn’t already have long-term disability coverage when you were diagnosed, you might not be eligible for the new policy.
Your policy may also limit how long you can receive benefits. It usually takes one to four months to start receiving benefits.
Social security disability payments
If you cannot work because of your illness and are still eligible, you can apply for Social Security disability benefits.
You may be eligible to receive a disability determination within days, but it usually takes several months to apply for and receive benefits.
The Social Security Compassionate Allowances program allows patients with certain critical illnesses to apply for benefits under a fast-track process. Pleural and peritoneal mesothelioma patients are eligible for this program.
Help may be available in your local community. Some organizations offer grants to help families with transportation, housing, food, and other out-of-pocket costs that may arise during treatment.
There may also be volunteers in your community who can help you with errands, transportation, and other care tasks.
Contact your local chapter of the American Cancer Society or another cancer support group for more information.
Common Questions About Mesothelioma Claims
Is compensation available for asbestos exposure?
Anyone diagnosed with mesothelioma due to asbestos exposure is eligible for compensation. Forms of compensation include settlements, which avoid trials.
Mesothelioma lawsuits typically award the highest compensation to family members, spouses, or dependents.
A wrongful death lawsuit can be filed in the event of the death of a loved one due to mesothelioma.
How long will it take to get the compensation?
After a lawsuit is decided, it can take several months to years to receive compensation. However, you may receive a settlement offer within the first few months.
Trust funds are usually made available within a few months. Each case is different, and compensation depends on the type and strength of each case. A mesothelioma attorney can provide the most accurate estimate.
Is there mesothelioma claims that helps with lost wages?
If a patient or caregiver can no longer work, many potential resources can replace part or all of the lost income.
Disability insurance, workers’ compensation, Medicare and Medicaid, Social Security disability benefits, and VA disability benefits may all be options for you and your loved ones.
Legal compensation from a mesothelioma lawsuit can also help. If a company’s negligence is responsible for your asbestos exposure, you may be able to file a personal injury lawsuit.
Compensation may come from a jury verdict, an out-of-court settlement, or an asbestos trust fund payout. Loss of income is a factor in calculating the economic damage caused by mesothelioma.
A patient advocate can help you explore options for lost wages and help with your medical expenses.
Is compensation from the Asbestos Trust Fund still available?
Approximately 60 active asbestos trust funds are open, with an estimated $30 billion available to claimants. Since the late 1980s, these trust funds have paid out more than $20 billion.
How do I apply for asbestos compensation?
The first steps in applying for asbestos compensation include speaking with a mesothelioma attorney and finding out what type of compensation best suits your case.
How do I find a lawyer who specializes in asbestos cases?
You can start your search for a mesothelioma attorney by asking the law firm the right question:
- Can you provide free case reviews?
- What is your track record of success?
- How many years have you practiced mesothelioma cases?
- Are you available nationwide?
- What databases can you access for asbestos information?
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