Mesothelioma Compensation for Family Members

Why Should Family Members File for Compensation?

A mesothelioma diagnosis places an enormous emotional and financial burden on patients and their families. As they navigate treatment, mounting medical expenses, caregiving responsibilities, and ultimately the loss of a loved one, the challenges can feel overwhelming. Unfortunately, these hardships often continue long after a loved one has passed away.

Families have the right to pursue compensation and seek justice. Holding negligent asbestos companies accountable can provide financial support for the losses they have suffered while helping families secure greater stability and peace of mind for the future.

Surviving dependents can seek damages for both financial and emotional losses, including:

• Funeral costs
• Lost wages
• Loss of inheritance
• Loss of consortium/companionship
• Medical expenses
• Pain and suffering

Many claimants qualify for multiple forms of compensation. Pursuing all available options is the best way to maximize your potential award amount.

Eligibility Qualifications for Compensation

Eligibility for mesothelioma compensation depends on several factors, including state-specific laws and deadlines.

Key factors governing eligibility include:

• Ability to comply with the filing deadline (statute of limitations)
• Claimant’s history of prior compensation 
• Ability to prove asbestos exposure
• Location where the claim is filed
• Proof of diagnosis with an asbestos-related illness

Eligibility requirements vary based on the type of claim being filed. For example, the criteria for someone diagnosed with an asbestos-related illness due to secondhand exposure may differ from those for a family member pursuing a wrongful death claim.

Our experienced patient advocates can help you understand your eligibility, explore all available compensation options, and connect you with resources that may help maximize your family’s recovery.

What Compensation Options Are Available?

The impact of asbestos exposure extends far beyond the workers who encountered it firsthand. Family members and loved ones may also suffer serious physical, emotional, and financial consequences as a result of asbestos-related illnesses, potentially making them eligible for compensation.

Family members can qualify for compensation in one of two primary ways:

• Secondhand Exposure: Asbestos fibers often traveled home on workers’ clothing, hair, and skin, putting family members at risk of exposure. Individuals who inhaled or ingested these fibers while performing household tasks, such as laundry, may develop asbestos-related diseases like mesothelioma and could be eligible for compensation.
• Wrongful Death: Losing a loved one to mesothelioma can create significant emotional and financial hardships for surviving family members. While no amount of compensation can replace what has been lost, a wrongful death claim may help families recover damages, hold responsible parties accountable, and achieve greater financial stability moving forward.

Seeking compensation while coping with the loss of a loved one can feel overwhelming, but experienced guidance can make the process easier. Our patient advocates are here to help you understand your options, determine your eligibility, and evaluate the potential value of your claim through a fast, free case review.

Accessing Compensation From Asbestos Trust Funds

Many asbestos companies that filed for Chapter 11 bankruptcy protection due to asbestos-related lawsuits established trust funds to compensate individuals and families affected by asbestos exposure.

Today, more than 60 active asbestos trust funds hold an estimated $30 billion in available compensation for eligible claimants and their families.

Each trust fund has its own eligibility requirements, payment schedules, and criteria for determining awards. While payouts vary, average asbestos trust fund compensation typically ranges from $10,000 to $150,000, depending on factors such as the type of asbestos-related disease, the number of dependents, and the financial impact of the illness.

Surviving family members may be eligible to collect from multiple asbestos trust funds or file claims against multiple companies. An experienced asbestos attorney can help identify which trust funds you may qualify for and guide you through the claims process to maximize potential compensation.

The Process of Getting Compensation

Pursuing compensation can feel overwhelming for families already facing the challenges of a mesothelioma diagnosis or the loss of a loved one. However, securing compensation can provide critical financial support to help cover expenses, ease the burden of related costs, and create greater long-term stability.

With the right guidance, the process does not have to be stressful or intimidating. Working with an experienced mesothelioma lawyer can help simplify the claims process, protect your rights, and give your case the strongest possible opportunity for a successful outcome.

Most claims follow a straightforward and structured process with few surprises:

• Determine your Eligibility: Our patient advocates can help you determine your eligibility for free in just a few minutes. We’ll help you identify all the forms of compensation you may be eligible for and refer you to an asbestos litigation specialist. 
• Speak to an Attorney: During the initial consultation, you’ll speak to an asbestos attorney about the details of your claim. This initial meeting is an opportunity to learn more about the potential value of your claim, understand your specific compensation journey, and share your preferences for timelines and other key factors.   
• Gather Evidence: If you decide to move forward, your lawyer will start gathering the evidence and documentation needed to support your claim. Asbestos attorneys have access to special databases and other resources that make it easier to establish the proof needed to build a strong claim.
• File the Claim: Your lawyer will submit the completed claim to the appropriate organization, such as the court, trust fund, or the U.S. Department of Veterans Affairs (VA). Depending on the circumstances of your exposure, your mesothelioma lawyer may help you file multiple claims simultaneously to obtain the maximum possible recovery. 
• Claim Review or Discovery: Once your lawyer submits your claim, the recipient gets time to review it before deciding how to respond. During this time, your lawyer will handle any communications or requests for additional information.
• Settlement, Trial, and Payment: Asbestos trusts typically begin paying claims within 90 days. VA claims can take up to six months. Lawsuits can end in out-of-court settlements or go to trial. Your lawyer will handle all the details of arranging payment.

Payments can arrive in several different ways, depending on the types of compensation you chose to pursue, including lump sum payments, structured settlements, and monthly compensation.

What If Our Loved One Had a Personal Injury Lawsuit and Passed?

If your loved one filed a personal injury lawsuit for asbestos exposure but passed away before it was resolved, you can typically continue the claim on their behalf. Switching the claim to a wrongful death lawsuit is a standard process and does not negatively impact the claim’s progression or expected payout.

Spouses, children, dependents, or estate representatives can take over this process to ensure their loved one’s case is seen through to completion.

Continuing the lawsuit allows families to hold negligent companies accountable and secure the compensation their loved one sought out and still deserves, providing justice and financial relief during an otherwise difficult time.

Mesothelioma is an aggressive and often fatal cancer, and many patients pass away before their legal claims are resolved. If your loved one died before completing their lawsuit, you may be able to continue the claim through a wrongful death action to pursue compensation and justice.

– Samuel Meirowitz, Attorney

Get Help Today

If your family has lost a loved one to mesothelioma, you don’t have to struggle alone. Pursuing financial support for your family can help ease the burdens of medical bills, lost wages, funeral expenses, and other costs. 

Our team of mesothelioma advocates has experience navigating the complexities of the claims process and can guide you every step of the way, from determining your eligibility for compensation to connecting you with expert mesothelioma legal support.

Our goal is to help every claimant get the maximum compensation they are due. Reach out to us today to get a free case consultation and take the first step toward justice and recovery.

Written & Legally Reviewed By

Samuel Meirowitz Esq. Attorney and On-Site Legal Advocate

Samuel Meirowitz is a member of the “Top 100 Trial Lawyers.” Mr. Meirowitz was named a “Rising Star” in 2013 & 2014 by Super Lawyers and then a Super Lawyer every year since 2016. In 2013, Mr. Meirowitz obtained what is believed to be the first multi-million-dollar asbestos verdict seen in more than two decades in a New York federal court. In that highly contentious matter, Mr. Meirowitz was able to convince the jury to hold a boiler manufacturer responsible for 60 percent of the $3.8 million awarded, despite the defendant’s attempt to escape all blame by pointing fingers at the plaintiff’s employer and the U.S. Navy (in which the plaintiff admirably served from 1966-70 during the Vietnam conflict). This verdict was upheld by the United States Court of Appeals for the Second Circuit.

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