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Mesothelioma Claims

Mesothelioma claims allow patients and their families to seek compensation. Money from successful mesothelioma claims can help cover treatment costs, lost wages and other expenses. An asbestos lawyer can tell you your legal options based on your individual case.

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Key Points

  • 1

    People with asbestos-related diseases and their families may be eligible to file mesothelioma claims.

  • 2

    Asbestos lawyers can explain legal options and file on behalf of victims.

  • 3

    Veterans who develop mesothelioma because of asbestos exposure during service are entitled to benefits from the U.S. Department of Veterans Affairs.

  • 4

    Claim payouts vary based on claim type and the facts of an individual case.

Mesothelioma claims can provide financial compensation to patients and their loved ones. Compensation helps with lost income, treatment bills and other associated costs.

The primary types of mesothelioma claims include personal injury claims, wrongful death claims and asbestos trust fund claims. They may result in a settlement, court verdict or trust fund award. There are also options specific to veterans.

Should I File a Mesothelioma Claim?

Filing a legal claim can seem daunting. This is especially true for patients navigating a mesothelioma diagnosis. However, an asbestos claim can offer families the compensation they deserve.

Mesothelioma lawyers can provide immense support. They can collect information to build the victim’s case. They can also file on behalf of victims and handle the claim process on their behalf. They will answer any questions and walk claimants through the entire process, start to finish.

Experienced attorneys have handled numerous mesothelioma cases in the past. As a result, they can provide an additional layer of understanding and support.

Types of Mesothelioma & Asbestos Claims

Mesothelioma patients and their families often have several options for filing a claim. They may file:

  • An asbestos lawsuit
  • A trust fund claim
  • A VA claim
  • An insurance benefit claim

If you’re considering filing a claim, you should first talk to a mesothelioma lawyer. Mesothelioma attorneys can help you understand all of your options. They can also help you determine which claim types could deliver the most compensation.

Mesothelioma Lawsuits

Mesothelioma victims may be able to file a lawsuit against an asbestos company. Asbestos companies are those responsible for wrongful exposure.

The two types of mesothelioma lawsuit claims are:

  • Personal Injury Claims: Patients can file after receiving an asbestos-related diagnosis.
  • Wrongful Death Claims: Loved ones can file after a family member dies from an asbestos-related disease.
Mesothelioma Settlement

Asbestos companies and claimants can agree on a compensation amount to settle the case. A settlement may occur before, during and even after a trial.

 

Mesothelioma Verdict

If a settlement isn’t reached, the case will continue toward trial. A trial ends with a jury delivering a verdict, which decides if a company must pay a victim.

Oftentimes, asbestos victims decide to accept a settlement. This can provide financial help more quickly than a verdict. Some decide to pursue a verdict because it could result in a higher payout.

Asbestos Trust Fund Claims

Claimants may be able to file asbestos trust fund claims. This applies if the asbestos company has filed for Chapter 11 bankruptcy and established a trust fund.

Each trust fund has its own eligibility criteria. Victims must meet these requirements to file a claim. Mesothelioma attorneys can help navigate these requirements.

Because trust funds have a more standardized process, claimants may get a payout sooner than through a lawsuit.

Veterans Benefits Claims

The U.S. Department of Veterans Affairs (VA) sets aside money for people who develop mesothelioma from asbestos exposure that occurred in the line of duty. Eligible veterans are entitled to benefits in acknowledgment of their service to the country.

They also have access to various compensation types, including:

  • Disability Compensation
  • Dependency and Indemnity Compensation (DIC)
  • Special Monthly Compensation (SMC)

More information regarding veteran compensation is available on the VA website. Veterans and loved ones can also speak with an asbestos attorney. They are well-versed in options for those who have served in the military and can help file a VA claim.

Insurance Benefit Claims

Mesothelioma patients may explore other financial assistance options, including insurance options like:

  • Life insurance is often an option for family members who have lost a loved one to mesothelioma. Life insurance may help with lost wages, outstanding medical expenses and other costs.
  • Medical insurance plans may help cover treatment costs. Patients should talk with their insurance carrier to figure out coverage.
  • Social security disability insurance (SSDI) may be an option for victims who paid Social Security taxes at their job. There are requirements specific to short-term and long-term disability claims.
  • Supplemental insurance may be an option to help pay for mesothelioma treatment. There are many different types of supplemental insurance. This includes disability insurance, hospitalization insurance or health insurance specific to certain types of cancer.

Am I Eligible to File an Asbestos Claim?

To file an asbestos claim, individuals must have an asbestos-related illness or a loved one who has passed away from one. Asbestos diseases include mesothelioma, asbestosis and asbestos lung cancer.

Most asbestos illnesses can be attributed to wrongful asbestos exposure caused by asbestos companies. This may have occurred on the job or through the use of asbestos products.

An asbestos attorney can determine legal options and help claimants decide what is best for them.

Deadlines to File a Mesothelioma Claim

Each state has laws called statutes of limitations that create deadlines for filing personal injury and wrongful death lawsuits. Other types of claims may have different deadlines for filing. Experienced asbestos attorneys know the different timeframes for filing different claim types.

Statute of Limitations by Claim Type
Personal Injury Claim

The timeframe to file a claim begins when the patient was diagnosed with an asbestos illness.

Wrongful Death Claim

The timeframe to file a claim begins when the patient passed away from an asbestos illness.

Statutes of limitations typically range from 2 – 3 years. Even if individuals think they missed their time limit, they should still talk to an attorney. There may be exceptions or alternate claim options.

How to File a Mesothelioma Claim

1. Schedule a Consultation

Patients and loved ones should first talk to an asbestos lawyer when considering pursuing a claim. Initial consultations are usually free. This gives claimants the chance to ask questions and sort through their options.

Reliable asbestos law firms work on a contingency basis. This means they will not collect payment unless they win the case. The payment is usually agreed upon before filing. 

2. Review Eligibility and Determine Claim Type

Lawyers can explain to victims which claim types they are eligible for. For example, victims filing against a bankrupt asbestos company will likely need to file an asbestos trust fund claim. Patients and their families may be eligible to file multiple types of claims for compensation.

3. Collect Required Documentation

To build a strong case, asbestos lawyers will help victims gather:

  • Details about their asbestos exposure
  • Documentation of work history
  • Medical bills and other costs related to their illness
  • Medical records showing diagnosis and treatment details

For wrongful death lawsuits, attorneys will help collect the same information. They may also collect a death certificate, funeral costs and other related details.

4. File the Claim

The type of claim determines how to formally submit an asbestos claim. An attorney can file on the claimant’s behalf, so the claimant can focus on their treatment journey.

5. Claim Approval and Compensation Award

Once a claim is filed, an attorney can handle the process of seeking compensation. This may look different depending on the type of claim. For example, lawsuits involve litigation where lawyers argue whether a victim should receive compensation. Veterans benefits, on the other hand, are given out to anyone who meets eligibility requirements.

Who Pays Asbestos Compensation Claims?

Asbestos claims are usually paid out by asbestos companies. Asbestos companies are the parties responsible for exposing individuals to asbestos. They may have put their employees at risk on the job. These companies may have also put the public at risk of exposure by providing consumers with contaminated goods.

Asbestos companies pay claims through lawsuits or trust fund claims. Bankrupt companies fund the trust when it is created.

In the case of VA claims, compensation comes from the Department of Veterans Affairs. Insurance claims are paid out by the insurance company. Insurance policies may be offered through an employer, or individuals may purchase their own insurance.

How Long Does it Take to Receive Mesothelioma Compensation?

The timeline to receive mesothelioma compensation varies on a case-by-case basis. Timing is different based on the claim type and circumstances of the individual case.

Ultimately, an asbestos attorney can provide claimants with the best estimate of how long their claim will take.

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