Mesothelioma Compensation for Family Members
Mesothelioma has a profound impact on victims and their families, causing physical suffering, emotional distress, and significant financial strain.
If you’ve lost a loved one to mesothelioma, you may qualify for various forms of financial support. Take the first step in determining your eligibility for compensation — reach out to our team today.
See if You QualifyMany people diagnosed with mesothelioma, a rare and aggressive cancer, were unknowingly exposed to asbestos, a deadly mineral that companies continued to use even after learning about its risks.
For decades, companies hid the dangers of asbestos to protect their profits, disregarding the lives of innocent individuals and their families.
For families who have lost loved ones to mesothelioma, compensation can provide support for medical bills, lost income, and pain and suffering.
Options for compensation include trust fund claims, wrongful death lawsuits, and benefits from the U.S. Department of Veterans Affairs (VA).
Beyond financial help, trust fund claims and lawsuits hold companies accountable and offer families a sense of closure during an extremely difficult time.
Key Information
- Holding Companies Accountable: Many companies profited off asbestos use while knowing it caused serious health issues. Holding them accountable is a way to help ensure this never happens again.
- Compensation for Family Members: Family and loved ones may be eligible for various compensation options.
- Compensation Amounts: Payouts range from hundreds of thousands of dollars to millions, depending on the type of claim and case factors.
- Damages: Families may be eligible to receive compensation for the patient’s medical expenses, burial costs, pain and suffering, and more
- Why Choose a Lawyer: Mesothelioma lawyers can help you navigate your options and pursue the maximum possible compensation if you are eligible.
The Impact Mesothelioma Has on Families
A mesothelioma diagnosis impacts the entire family, bringing significant emotional and financial strain as they manage treatment and care costs and face the eventual loss of a loved one. The high expenses and stress related to mesothelioma care can quickly become overwhelming.
Laws are in place to help families seek compensation to cover these costs, offering some financial stability and easing the burden of this disease. If eligible, families may receive support that helps with medical bills, loss of income, and other expenses.
For decades, companies knew about the dangers of asbestos products but chose profits over the health of their workers and their families.
Today, holding these companies accountable through compensation claims helps bring justice to families affected by this preventable disease.
Check the form below to see if you qualify for compensation now.
Mesothelioma Compensation Options for Family Members
Family members of mesothelioma victims may be eligible for various types of compensation, including wrongful death lawsuits, asbestos trust fund claims, and other financial support options.
“You don’t have to be a mesothelioma victim yourself to file on behalf of a loved one. Thankfully, your family has options to pursue compensation to pay for treatment and hold asbestos companies responsible for their negligence.”
– Daniel Wasserberg, Attorney
Several groups of people may be eligible for mesothelioma compensation after their loved one passes away from the disease, including:
- Children
- Parents
- Spouses
- Estate representatives (i.e., dependents, friends, or siblings)
It’s important to keep in mind that the specifics of who is eligible to file for mesothelioma compensation may vary by a state’s statute of limitations.
Working with a law firm with asbestos litigation expertise can help your family navigate this complex process. We work with families just like yours to seek justice and maximize potential compensation.
Wrongful Death Lawsuit
Surviving family members or estate representatives may be able to file wrongful death lawsuits on behalf of a deceased mesothelioma victim.
Mesothelioma wrongful death lawsuit settlements on average pay out between $1 million and $1.4 million, but some individuals have been awarded up to $250 million.
In-court verdicts usually pay more than out-of-court settlements but are riskier and more time-consuming.
Wrongful death lawsuit compensation can be used to cover costs associated with treating your loved one’s mesothelioma, as well as funeral costs, pain and suffering, lost wages, and more.
Learn more about asbestos-related claims after death.
Accessing Compensation From Asbestos Trust Funds
Asbestos companies that filed for Chapter 11 bankruptcy due to mounting lawsuits created trust funds to pay out victims affected by asbestos exposure.
There are over 60 active asbestos trust funds with $30 billion of compensation available for eligible victims and their families.
Each trust fund has a set payment percentage for claims, but the average asbestos trust fund payout ranges from $10,000 to $50,000. The specific compensation awarded will depend on various factors, including the type of disease, the number of dependents, and the financial losses incurred.
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.
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.
By continuing the lawsuit, families may still hold the responsible companies accountable and secure the compensation their loved one sought out and still deserves, providing justice and financial relief during an otherwise difficult time.
“Family members can assume their loved one’s personal injury lawsuit after they have passed and switch it to a wrongful death lawsuit. This allows the deserved compensation and justice to be awarded to the victim’s family and estate.”
– Daniel Wasserberg, Attorney
Veterans Affairs (VA): Mesothelioma Compensation for Family Members
A large fraction of mesothelioma victims include veterans who were exposed to asbestos while serving in the military. Family members of veterans who lost their lives to mesothelioma may be eligible to file a claim for VA compensation.
There are several types of VA compensation available for a mesothelioma diagnosis, including:
VA Disability Compensation
Mesothelioma victims and their families may be eligible to collect monthly compensation to cover treatment costs. The average monthly payout for a veteran and a spouse is $3,946.25 but may vary based on the number of dependents.
VA Health Care
Surviving dependents of a veteran who passed away with a permanent or 100% disability may be eligible for health care through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA).
VA Survivors Pension
Spouses or children may be able to collect an annual payout after the death of a veteran with mesothelioma. Amounts are calculated by subtracting the family’s adjusted yearly income (after allowable deductions like healthcare costs) from the Maximum Annual Payment Rate (MAPR).
VA Burial Benefits
Families may qualify for compensation to pay for burial plots, funeral services, headstones, or memorial objects. The amount varies depending on the date of death and other circumstances but generally ranges from $200 to $2,000.
What Damages Are Available for Family Members?
Family members may be eligible for specific damages to help cover financial and emotional losses. The types of damages available often depend on the type of legal action pursued, such as a wrongful death lawsuit or an asbestos trust fund claim.
In a wrongful death suit, families can typically seek compensation for:
- Medical expenses
- Funeral costs
- Lost wages that the deceased would have contributed
Emotional losses, like loss of companionship or the pain and suffering endured by family members, may also be compensated through these claims.
Veterans exposed to asbestos during service may qualify for VA benefits, which provide compensation for surviving spouses and dependents.
Families eligible for asbestos trust fund claims can receive similar compensation, though amounts vary by each trust’s guidelines.
Navigating mesothelioma compensation can be complex, as each claim type offers different types of damages. An experienced lawyer can help families understand their options, manage paperwork, meet deadlines, and identify the best routes for financial support.
Eligibility Requirements for Compensation
Eligibility for mesothelioma compensation depends on several factors, including state-specific laws and the statute of limitations.
Generally, claimants must file within a certain time frame after the passing of their loved one. This statute of limitations varies by state but ranges from 1 to 3 years after death. Since you may not be able to take legal action past the statute of limitations, it is vital to act quickly.
One key eligibility requirement is that you cannot receive prior compensation from the same company you are currently filing against.
However, if you settled with one company, you may still pursue claims against other companies or trust funds not included in the initial claim. This allows for compensation from multiple sources if several companies were responsible for the exposure.
An experienced mesothelioma lawyer can help clarify eligibility and identify all available options, potentially maximizing your family’s chances of receiving compensation.
Pursue Compensation for Mesothelioma Today
If your family has lost a loved one to mesothelioma and is dealing with the impact of this devastating illness, you don’t have to navigate the compensation process alone.
Pursuing financial support for your family may help ease the burdens of medical bills, lost wages, funeral expenses, and other costs. Our experienced mesothelioma team understands the complexities of these claims and is here to guide you every step of the way.
Reach out to us today to speak with a trusted expert who can help determine if you may be eligible for compensation. Our team is ready to answer your questions and support your family.
Sources
- “Asbestos Exposure.” U.S. Department of Veterans Affairs, https://www.publichealth.va.gov/exposures/asbestos/index.asp.
- “Asbestos Glossary.” BW Asbestos Trust, https://www.bwasbestostrust.com/resources/glossary/.
- “Compensation Resources.” U.S. Department of Veterans Affairs, https://www.benefits.va.gov/COMPENSATION/resources_comp0306.asp.
- “Proving Wrongful Death in a Civil Case.” Nolo, https://www.nolo.com/legal-encyclopedia/proving-wrongful-death-civil-case.html.
- “Time Limits for Filing a Personal Injury Lawsuit: Statute of Limitations.” Nolo, https://www.nolo.com/legal-encyclopedia/time-limits-personal-injury-lawsuit-watch-the-statute-limitations.html.
- “Special Monthly Compensation Rates.” U.S. Department of Veterans Affairs, https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/.
- “Survivors Pension Rates.” U.S. Department of Veterans Affairs, https://www.va.gov/pension/survivors-pension-rates/.
- “Veterans Burial Allowance.” U.S. Department of Veterans Affairs, https://www.va.gov/burials-memorials/veterans-burial-allowance/.