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Mesothelioma Compensation

More than 27.5 million people in the United States have been exposed to asbestos at work. Due to the devastating health effects of the toxic substance, asbestos manufacturers and companies compensate injured victims and their families.

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Types of Mesothelioma Compensation

Victims collect compensation for mesothelioma from a variety of sources, include trust funds, legal settlements, lawsuits and veteran’s claims. All of the available funding can be used to pay for health care expenses, household bills and any living expenses.

Asbestos Trust Funds

Asbestos trust funds were developed to ensure asbestos victims and their families receive financial restitution. Companies that used asbestos and filed for bankruptcy protection are required to set aside funds for current and future claims. Victims can file claims with multiple trust funds.

Settlements

Rather than face the publicity of a trial, asbestos companies and asbestos trusts negotiate settlements with victims. These out-of-court settlements provide compensation for medical expenses, lost wages and living expenses.

Lawsuit verdicts

When the injured party and the company cannot agree on a settlement amount, a trial might be the best option. If the judge or jury determines the company is liable, the injured party can receive financial compensation. Sometimes lawsuits are filed jointly with other victims.

Veteran claims

Veterans who have been exposed to asbestos can file claims with the U.S. Department of Veterans Affairs. Veterans have access to disability claims that provide health care and financial compensation.

Will I have to go to court to get compensation?

Maybe. If you are filing a claim through an asbestos trust fund, you will not have to go to court. In the case of an asbestos lawsuit, many cases never make it to trial because companies prefer to avoid the publicity and expense. Every case is different so your mesothelioma attorney will help you decide how to proceed.

How are compensation amounts Determined?

Every mesothelioma case is unique. In many cases, asbestos exposure will come from multiple sources.  Our mesothelioma lawyers will help determine where your exposure occurred.

If I owned my own business can I file a claim?

Although each mesothelioma asbestos trust is governed by specific guidelines and boards of trustees, each has similar standards that establish how compensation is determined. The rules are applied on a case-by-case basis.

The following information is used when determining asbestos compensation claims amounts:

  • Severity of disease
  • Amount of asbestos exposure
  • Cost of medical expenses
  • Victim’s age
  • Occupational history
  • Lost wages and earnings
  • Duration of asbestos exposure
  • Family situation (dependent children)
  • Damages to family
  • Pain and suffering
  • Emotional trauma
  • Military service
  • Overall corporate negligence
  • Amount of funding in trust

The best way to determine individual compensation amounts is to contact an attorney who handles similar cases. The leading asbestos lawyers review the case facts to help patients and their families understand their options.


What Mesothelioma Compensation Can Cover

When a person is diagnosed with mesothelioma, the diagnosis impacts the whole family. Often, the person diagnosed is the primary income-earner or the head of the household. A disruption or loss of income, coupled with mounting bills from medical treatments and prescriptions, can be financially devastating.

Mesothelioma compensation was designed to make restitution to patients and their families. Most companies knew about the inherent dangers of asbestos but continued to use asbestos-laden products. Individuals who seek financial assistance from trusts are not seeking handouts; instead, they are seeking compensation for corporate recklessness.

Mesothelioma compensation helps patients and their families with the following expenses:

  • Medical procedures
    Including costs associated with chemotherapy, radiation treatment, surgery, alternative and complementary treatments and procedures, prescription medications, prescription treatments and health insurance co-pays
  • Mental health treatments
    Including mental health counseling and other associated expenses for individuals and families
  • Travel
    Including airfares, gas, vehicle wear and tear, food, hotel, taxi, tolls and bus fares to see medical specialists or long-term lodging for treatment away from home
  • Lost wages and earnings
    Including wages lost due to time off work during treatment or recovery or lost earnings due to the inability to earn income as a result of injuries
  • Caregiver costs
    Including costs of hiring someone for medical transport, meal preparation, home health assistance, nursing care and stays in nursing homes
  • Living and family expenses
    Including all costs related to household upkeep such as electricity, gas, water and grocery bills, home maintenance, meal preparation, general debt, housecleaning and child or elder care
  • Financial and legal assistance
    Including estate planning, income tax preparation and attorney’s fees related to any aspect of individual circumstances

Compensation also allows for pain and suffering, which is the physical trauma and emotional anguish caused by the diagnosis. Examples of pain and suffering include:

  • Lower quality of life
  • Anxiety
  • Grief
  • Depression
  • Despair
  • Sadness
  • Trauma

Mesothelioma compensation helps patients with past and current medical expenses and safeguards family members from any future debt. Compensation can provide the peace of mind patients and their families need during the most stressful time in their lives.

Can I file an asbestos trust fund claim and file a lawsuit?

Yes. In some cases, claimants are eligible to seek compensation under both a trust fund and lawsuit. Since each claimant has individual circumstances, a mesothelioma attorney can help determine the best approach.

Eligibility for Compensation

To be eligible for asbestos compensation, individuals must be able to document their exposure to the substance and medical history. The following three criteria are most often used to determine eligibility for an asbestos claim:

  • Proof of disease
    Medical records must establish mesothelioma or asbestos-related lung cancer as the primary form of cancer. The disease must be confirmed by a board-certified physician and documented by a pathology report that details information about the cancerous tissue and cells. Other necessary documentation includes reports from X-rays, CT scans, MRIs and blood work. All of the evidence must substantiate an asbestos-cancer diagnosis.
  • Proof of exposure
    A connection must be established between the victim and the at-fault company through employment records, tax returns, public records and witness statements. Each trust also has a list of approved work sites. Attorneys use investigative techniques to tie the victim to the company.
  • Statute of limitations
    Every state has established a period of between one and three years to bring legal action against asbestos companies for mesothelioma claims. The timeframe typically begins immediately after diagnosis. If the victim dies, the statute of limitations for the claim begins immediately.

Following a diagnosis, patients should act quickly to file a claim. A mesothelioma attorney helps patients and their families gather information to meet eligibility criteria and file documentation for compensation before the statute of limitation expires.


Mesothelioma Compensation for Family Members

When a family member dies as a result of asbestos poisoning, spouses, children and other close relatives can collect compensation for their loss. Asbestos trusts compensate family members of asbestos-cancer victims for medical bills, funeral costs and other tangible expenses. Trust fund compensation also provides compensation for grief and long-term financial security.

To gain access to asbestos bankruptcy trusts, family members must establish a link between asbestos and the at-fault company. Also, the following must be confirmed:

  • Evidence of disease and exposure
    Family members must provide records that show a medical diagnosis of mesothelioma (from a certified physician). Family members must also provide documents to prove the victim’s work history and the connection to asbestos.
  • Negligence
    Many companies that manufactured or used asbestos knew about the dangers but kept them hidden to keep profits high. By concealing the dangers of asbestos, the companies put workers and their families at risk for deadly diseases, including mesothelioma.
  • Impact
    The economic and emotional loss that comes with the death of a loved one can have a substantial effect on the surviving family members. The impact can include the ability to live a secure and stable lifestyle.

Mesothelioma trust funds claims allow surviving family members to secure the funds needed to avoid financial hardship. Trust fund claims also provide compensation for pain and suffering.


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Reviewed by Joyce Courtney-Peterson

Attorney and On-Site Legal Advocate

Joyce Courtney-Peterson is a lawyer and legal advocate at Mesotheliomafund.com. Joyce Courtney-Peterson is a proud graduate of the University of Florida with honors, and she received her Juris Doctor in 1978 from Samford University's prestigious Cumberland School of Law with honors. Joyce is a cancer survivor so she understands the emotions that go into fighting cancer and strives to keep at-fault corporations accountable for the injuries they caused.

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