Compensation Mesothelioma – All You Need To Know

Asbestos companies often file for bankruptcy due to rising legal issues and costs surrounding dangerous asbestos product exposure. As part of the bankruptcy proceedings, trust funds are established to ensure funds are available for victims of asbestos exposure.

These trusts have certain criteria mesothelioma victims must meet in order to be eligible for a payout. An asbestos attorney can help determine your eligibility and handle the filing process. Some patients may be eligible to file a claim against multiple asbestos trust funds.

Mesothelioma Settlements

Mesothelioma settlements are legally binding agreements between an asbestos defendant and plaintiff. A settlement can be offered before, during or after a mesothelioma lawsuit goes to trial. In many cases, companies will offer a settlement before the claim reaches trial.

The patient or family member filing can decide whether or not to accept a settlement. An experienced mesothelioma lawyer will guide you through the settlement process.

Mesothelioma Lawsuit Verdicts

Mesothelioma lawsuit verdicts are decided by a jury at the end of trial proceedings. If the jury finds a defendant liable for asbestos exposure, they will determine an asbestos lawsuit payout. The amount awarded will be determined by various factors, such as expenses incurred from the mesothelioma diagnosis. The trial verdict award may also include punitive damages.

A skilled attorney can advise you about the strength of your case and the likelihood of a favorable verdict and award.

Other Types of Mesothelioma Compensation

Patients or loved ones may be eligible for other types of compensation, including:

• Workers’ compensation claims: Individuals exposed to asbestos at work may be eligible for workers’ compensation. Some industries that commonly used asbestos include construction, manufacturing and shipbuilding.
• Veterans’ claims: Military personnel are often exposed to asbestos. Veterans who were exposed to asbestos and develop an asbestos illness may be able to file a claim with the United States Department of Veterans Affairs (VA).

Individuals may also be able to receive financial assistance from other institutions. Private health insurance, Medicare and Medicaid, disability insurance, social security disability and community grants may be available for eligible patients to assist with mesothelioma costs.

03. Payout Time Frames

How Long Do Mesothelioma Payouts Take?

Mesothelioma payout time frames vary greatly. In general, asbestos bankruptcy trusts will process and payout successful claims within a year of being filed. Mesothelioma settlements and lawsuit verdicts may take additional time.

Settlement offers may arrive before a case goes to trial, during the trial or during any appeals. Once the asbestos victim and their attorney accept a settlement offer, the victim may receive their compensation within months.

Mesothelioma lawsuit award time frames depend on a number of factors, including lawsuit type, number of defendants named in the case and availability of all involved parties. Depending on these variables, a lawsuit verdict and award may take several months to one year or longer.

04. Who Is Eligible to File?

Who Is Eligible for Mesothelioma Compensation?

Individuals diagnosed with mesothelioma may be eligible for compensation. Surviving family members may also be eligible to receive compensation.

Eligibility requirements differ slightly based on claim type. However, there are several general mesothelioma compensation eligibility requirements, including:

• Medical records and documentation of a mesothelioma diagnosis or another asbestos disease
• Evidence of asbestos exposure
• Adherence to the statute of limitations for your claim type

It is important to consult an experienced mesothelioma law firm to determine your eligibility.

Are Family Members Eligible for Compensation?

Family members of mesothelioma patients may be eligible for compensation. Close loved ones, such as children and spouses, may be eligible to file a wrongful death lawsuit. These lawsuits are filed after a mesothelioma patient has passed.

Wrongful death lawsuits can help family members cover lingering medical costs, pay for funeral expenses and provide financial security.

Experienced mesothelioma attorneys can help family members get the compensation they deserve on behalf of their departed loved ones.

05. How to File for Compensation

How to File for Mesothelioma Compensation

The filing process will vary based on which type of compensation you choose to pursue. However, the general process for filing any mesothelioma compensation claim is similar.

1. Connect With a Mesothelioma Lawyer
   The first step for filing any mesothelioma claim is to consult an experienced lawyer. Mesothelioma attorneys have experience with these types of claims and can help you receive the maximum award possible.
2. Research Details for Your Claim
   Your lawyers will research claim details, such as how and when you were exposed to asbestos. It is also important to provide your attorney with any medical or employment documentation to prove these facts. Lawyers also have access to previous cases, product records and exposure reports to help with this stage.
3. Determine Your Options
   Your lawyer will discuss your compensation options and help you choose which type of claim is right for you.
4. File Your Claim
   Once your case is prepared, your lawyer will file the claim on your behalf. After filing, next steps will vary based on your chosen type of claim. For example, settlement offers may arrive after filing or during lawsuit hearings.
5. Negotiate Your Award
   After your claim is filed, a compensation award will be determined and negotiated.

06. Common Questions