Family members may also be eligible to receive mesothelioma financial compensation on behalf of their loved ones who were affected by asbestos exposure.

See if you qualify for financial compensation.

Why You Should Seek Compensation for Mesothelioma

Families impacted by mesothelioma or other asbestos diseases often need fast access to funds to start treatment immediately. Patients may be unable to work or do household activities, leaving family members to step in and adjust.

Compensation for mesothelioma can pay for:

• Caregiving
• Household bills
• Living expenses
• Lost wages
• Medical expenses
• Other associated costs

Mesothelioma compensation may also provide surviving family members with financial security in the event of the patient’s death.

Types of Mesothelioma Financial Compensation

The three primary types of mesothelioma compensation — asbestos trust funds, settlements, and lawsuit verdicts — are available for eligible patients and their family members.

Total payment amounts can exceed $1 million depending on several circumstances.

Asbestos Trust Funds

Asbestos trust funds are created by bankrupt companies that put individuals in danger by exposing them to asbestos products or work environments.

These trusts contain money to ensure that mesothelioma and asbestos disease claims can still be paid even if the company has gone bankrupt.

More than 60 companies that used, sold, or manufactured asbestos materials have filed for Chapter 11 bankruptcy to protect their assets from personal injury and wrongful death lawsuits.

After filing for bankruptcy, the courts ordered these companies to establish trust funds to compensate future victims and their families.

Asbestos bankruptcy trusts now contain more than $30 billion. Because many victims were exposed to asbestos products from several different companies, victims and their families may qualify for money from numerous trust funds.

Lawsuits

There are two types of mesothelioma lawsuits that victims or family members can file against active and viable companies responsible for asbestos exposure.

Lawsuits can be risky and time-consuming, and financial compensation may not be guaranteed.

Personal Injury Lawsuit

An individual diagnosed with an asbestos-related disease can file a personal injury claim. The case is based on a company’s failure to alert employees and consumers about the dangers of asbestos.

*If the claim is successful, the victim receives compensation.

Wrongful Death Lawsuit

When a victim of an asbestos-related disease dies, the victim’s family can file a wrongful death claim through the victim’s estate.

Like a personal injury claim, a wrongful death lawsuit is based on a company’s failure to tell employees and consumers about the dangers of asbestos.

Settlements

Most defendant companies opt to settle out of court to avoid the legal expenses, poor brand reputation, and public backlash a trial can bring.

An out-of-court settlement is also beneficial for victims and their families because it doesn’t carry the uncertainty of a jury trial.

Filing Multiple Types of Claims

It is possible to seek compensation from both trust funds and lawsuits. Some companies responsible for asbestos exposure may have gone bankrupt and set up trust funds, while others are still operating.

Below, you can see an example of how you may be eligible to receive compensation from multiple forms.

Example: Total Compensation from Trusts & Settlements

On top of the compensation options listed above, some victims may also be able to receive additional compensation from VA benefits, treatment grants, insurance claims, government assistance, and other sources.

Each form of compensation has established rules and regulations, but payment amounts can exceed $1 million.

Average Compensation Amounts for Mesothelioma

Payouts from trust funds, settlements, and trial verdicts vary widely based on several factors.

Those who qualify must have proof of a disease resulting from asbestos exposure and the ability to tie the exposure back to one or more products or companies.

Generally, compensation amounts are determined based on:

• Amount and duration of asbestos exposure
• Bankruptcy status of at-fault companies
• Companies at fault and products involved
• Degree of negligence
• Disease severity
• Lost wages and earnings
• Military service
• Number of dependents
• Pain and suffering
• Source(s) of exposure
• Total medical expenses
• Victim’s age and gender
• Work history

Trust Fund Payouts

Mesothelioma trust fund payouts vary, based mainly on the amount of exposure, the extent of illness, and the companies involved. 

The scheduled values for mesothelioma across all trusts range from $7,000 to $1.2 million, and the average trust fund payout for mesothelioma is $180,000. Some victims may be able to qualify for payouts from multiple trusts, maximizing total compensation.

Most trusts only pay a percentage of a claim to ensure more money is available for other claimants, meaning individuals may not receive the total scheduled value of their claim.

Lawsuit & Verdict Payouts

The average trial verdict for a mesothelioma case is between $5 million and $11.4 million.

Some mesothelioma lawsuit awards go far beyond the average, including:

• In 2022, a 76-year-old Michigan mechanic, William Trokey, filed a mesothelioma personal injury lawsuit against Ford for being exposed to asbestos exposure while on the job in the 1960s. A jury awarded Trokey and his wife $20 million.
• In 2021, Washington’s Supreme Court reinstated an $81.5 million verdict in a wrongful death suit for Jerry Coogan, an individual who died from mesothelioma from asbestos exposure.

Settlement Payouts

Companies with asbestos liabilities often choose to settle out of court to avoid the expense and exposure of a public trial. The average settlement amount is between $1 million to $1.5 million.

VA Claim Payouts

Many mesothelioma victims were exposed during military service. The U.S. Department of Veterans Affairs (VA) recognizes asbestos-related diseases as eligible for disability compensation. 

Veterans deemed 100% disabled may qualify for about $3,000 a month in compensation. In some cases, the veteran’s family may be eligible for compensation as well.

Eligibility Requirements

Anyone who developed an asbestos-related disease or lost a loved one to an asbestos-related disease can seek compensation. 

Securing compensation from a trust fund, lawsuit, or settlement requires documented evidence of asbestos exposure and physician-verified proof of an asbestos-related disease, as well as:

• Employment records
• Exposure dates
• List of places where exposure occurred
• Military records (if applicable)
• Products that caused asbestos exposure
• Witness testimonies

Eligibility requirements vary based on who is filing for compensation: the victim (personal injury claim) or the family (wrongful death claim).

Both types of legal claims are bound by a statute of limitations, limiting the number of years the claim can be filed.

The Victim: Personal Injury Claim

Individuals filing personal injury claims against negligent asbestos companies must provide multiple pieces of evidence to file their claim and collect compensation.

Mesothelioma personal injury claims generally require individuals to prove asbestos exposure, diagnosis, military history, employment history, and more in detail to show the asbestos company was in fact negligent and at fault for the victim’s disease.

Personal injury claims may end in a verdict, settlement, or no mesothelioma compensation payout at all.

Family Members 

Family members of individuals diagnosed with mesothelioma may be eligible to file compensation depending on their situation.

Loved ones may be able to collect mesothelioma compensation if the victim is too sick to file their own claim, or if they have passed away due to their disease.

Generally, family members must be able to provide documentation proving the victim’s diagnosis, asbestos exposure, work history, and more.

See if you qualify for compensation today.

How to File a Claim for Mesothelioma Compensation

Most patients and their families begin filing a claim by seeking out a qualified asbestos attorney.

A trusted, experienced attorney understands the process, can navigate the legal system, and helps determine all possible types of compensation you may qualify for.

From there, the claims process proceeds as follows:

1. Meet With an Attorney

The patient, family members, and the attorney meet to discuss the case either in person or through an online video conference.

An experienced mesothelioma attorney will be able to determine if the case meets the standards. Since the attorney works on behalf of the patient or the family, there are no upfront out-of-pocket costs or risks.

2. Gather Evidence

If eligible, the patient is asked to submit documentation to support the legal claim. If the patient doesn’t have access to the records, the attorney’s legal team can track down evidence.

Some of the documentation needed includes:

• Exposure site evidence – Witness statements, employment records, paycheck stubs, invoices, tax records, and more
• Diagnosis evidence – Pathology reports, imaging scans, blood tests, and more
• Medical evidence – Official document from a qualified physician stating the diagnosis
• Asbestos evidence – Official document from a qualified physician explaining how asbestos contributed to the disease

3. File Claim

The attorney, patient, and patient’s family will decide whether to file an asbestos trust fund claim or lawsuit, depending on the situation. In some cases, both a suit and trust fund claim are necessary. In other cases, claims are filed against multiple trusts due to numerous exposure sites. 

If a lawsuit is filed, the attorney files documentation with the court. The patient (or family) becomes the plaintiff, and the asbestos company becomes the defendant. 

For trust fund claims, the attorney submits the documentation with individual trusts. A claim must be submitted to each trust pursued.

4. Claim Discovery or Review

In a lawsuit, defendant companies will review the claim and may request more information or clarification. Asbestos companies also perform their own investigation into the claim.

In trust fund claims, the trusts may also request more information or evidence of exposure. The trust administrators determine if the claim meets the criteria established when the trust was formed.

The claim will be examined in one of two ways:

• Expedited review (faster process) – Claims are grouped so administrators can quickly review and approve payments. Each claimant gets a fixed payment amount.
• Individual review (slower process) – Claims are reviewed based on individual merits, and payment is tailored to the patient’s (or family’s) specific circumstances.

5. Settlement, Trial, or Liquidation

Settlement

Most asbestos companies choose to settle cases out of court to avoid a costly or time-consuming trial. During the negotiations, the company and attorneys try to reach a settlement amount. Asbestos attorneys work for the best possible financial

Lawsuit

If a settlement agreement can’t be reached, the case may proceed to a trial. Even during the trial, both parties may attempt to settle the case.

Liquidation

After the trust administrator approves a claim, the trust will review the payment schedule for compensation in a process called liquidation.

Since all asbestos trust funds have payment schedules, patients with the same disease severity generally get the same amount. Claimants can expect payment within three to six months following approval.

Payout Timeline for Mesothelioma Compensation

The amount of time it takes to receive mesothelioma compensation can depend on your specific circumstances. Payout timelines are based upon the type of mesothelioma compensation claim and the severity of your case type.

• Trust fund timeline – Individuals may be able to start collecting trust fund compensation in as little as 90 days depending on the review type.
• Lawsuit timeline – Some lawsuits can result in compensation quickly or may take a couple of years depending on the case.
• Verdict timeline – Although mesothelioma verdicts can yield higher payouts, they are often long, drawn-out processes.

How Compensation Is Paid Out

Mesothelioma compensation claims can be paid out in several different ways depending on the settlement or verdict. The method and timing of payout depend on factors like the type of lawsuit, the settlement terms, and the entity responsible for compensation.

Some of these payout types include:

• Lump-sum payments
• Structured settlements
• Trust fund settlements
• Workers compensation installments
• Monthly VA benefit payouts

Other Financial Assistance Options

In addition to trust funds, lawsuits, or settlements, asbestos victims and their families have other options for mesothelioma financial assistance.

VA Benefits

Veterans, particularly those who served between 1930 and 1980, are at high risk for developing an asbestos-related disease. Veterans account for more than 30% of all asbestos claims filed annually.

The U.S. Department of Veterans Affairs aids veterans with proven asbestos exposure from military service. VA disability claims may provide health care and financial compensation for the victim, surviving spouse, and other dependents.

The military offers aid based on the disease severity. Mesothelioma and asbestos lung cancer are compensated at a 100% disability rating due to the severity.

Treatment Grants

With mesothelioma treatment costs exceeding $400,000, patients and their families often rely on treatment grants to help cover expenses. These grants can assist with medical procedures, travel, and living costs, helping families manage their new normal.

Insurance Claims

After a mesothelioma diagnosis, patients and their families must depend on their health insurance to pay claims. Other types of insurance claims, including workers’ compensation and disability insurance, can help reduce some financial burdens.

Government Assistance

Some patients may also be eligible to collect government-funded programs, including Medicare, Medicaid, and Social Security Disability Insurance (SSDI) benefits.

How Mesothelioma Lawyers Can Help Maximize Compensation

Mesothelioma lawyers can work with you to determine which avenues of compensation you may be able to pursue depending on your specific situation. 

Working with a legal team with experience, a proven track record, and expertise in asbestos claims can help connect the dots on how and where you were exposed, gathering the evidence you need to file a claim.

If you’re eligible to file, asbestos law firms can help you pursue maximum compensation, providing peace of mind that you’ll have the funds to cover medical bills, lost wages, treatment, living expenses, and more.

See If You Qualify for Compensation Today

Our team is experienced in supporting individuals and families affected by asbestos exposure in pursuing justice and seeking compensation. We can help assess your eligibility, gather necessary evidence, and file your claim if you qualify.

Our dedicated legal experts will guide you through every step of the process, allowing you to focus on your health and family. Reach out to our team to learn how to begin the process of pursuing mesothelioma compensation today.