Types of Mesothelioma Claims

There are three main types of mesothelioma or asbestos claims: personal injury claims, wrongful death claims, and trust fund claims. Each one of these types of claims applies to different circumstances however each claim type can lead to the compensation that is deserved.

The two most common types of claims are personal injury and wrongful death claims while trust fund claims typically occur when a company has declared bankruptcy and as a result has set aside money in an asbestos trust fund. While there are differences between lawsuits and trust fund claims, both can result in compensation for your mesothelioma or asbestos-related disease.

Claimants can receive thousands of dollars or more from a claim, with some claims paying more than one million dollars. It is important to find an experienced lawyer who understands asbestos-related claims to ensure that you receive the most amount of compensation possible.

Personal Injury Lawsuit

A personal injury lawsuit is a legal claim against a company that is typically filed by the patient of mesothelioma or an asbestos-related disease. These claims can help provide compensation for various reasons including:

  • Medical expenses
  • Lost income
  • Pain
  • Suffering

Filing a personal injury lawsuit can help provide funding for continued health care and take the burden off of family members and loved ones.

Wrongful Death Lawsuit

Wrongful death claims are made by the estate of the victim of asbestos exposure. This is typically the close family of the person. These claims can cover a range of expenses related to the death of the person exposed including:

  • Funeral costs
  • Medical costs
  • Cancer-related expenses

These claims can be very helpful following the expensive treatment that most likely took place before the death of the loved one and provide much needed financial relief to the family.

Trust Fund Claim

Trust fund claims are filed either by the patient or by the patient’s family or estate. Trust fund claims occur when the company involved in the claim has set up an asbestos trust fund, oftentimes after filing chapter 11 bankruptcy, to avoid further lawsuits. The trust fund handles claims on behalf of the company.

It is always important to find an experienced attorney to handle trust fund claims in order to ensure that you receive the compensation you deserve.

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Why You Should File an Asbestos Claim

If you or a family member has been exposed to asbestos as a result of a company and that exposure lead to an illness such as mesothelioma, you should file a claim. There is money sitting in trust funds waiting to be paid out to victims and their families, and there are lawsuits being filed to provide the compensation that you deserve.

Filing an asbestos claim can help provide the money necessary to pay for medical treatment of a disease and it can help alleviate financial stress related to medical bills and other arrangements that might be necessary. Additionally, if you or a loved one has experienced pain and suffering as a result of asbestos exposure, you deserve compensation

How to File an Asbestos Claim

When filing an asbestos claim, it is very important to consult an experienced lawyer that has knowledge of how asbestos claims are handled. This can ensure that you receive the most compensation available for your claim

There are four main steps for filing an asbestos claim.

  • Step 1: Understanding Eligibility – The first step is to understand if you are eligible to file a claim. An experienced asbestos lawyer can help claimants understand the specifics of each claim. Common requirements include proof of exposure and a diagnosis of an asbestos-related illness.
  • Step 2: Gather documentation – The next step is gathering the required documentation to file your claim. Gathering the necessary documents, such as proof of exposure and work records, is important evidence that can be used in court. Generally, proof of asbestos exposure alone is not enough.
  • Step 3: File Claim – The lawyer for the claimant will file the claim based on the state the claimant resides in – however, the filing may be influenced by other factors, such as previous places of residence; location of asbestos exposure; and location of the asbestos company. In some cases, claims may be filed in multiple states.
  • Step 4: Claim Review – The final step is where lawyers can negotiate to ensure that claimants can receive the maximum compensation possible.

What Do You Need to File an Asbestos Claim?

When filing an asbestos claim, it is important to make sure that you have all of the necessary documentation. This evidence can help prove that you deserve compensation for your asbestos exposure. Evidence can include:

  • Medical records and a diagnosis from a qualified physician.
  • Work history with a company mentioned in the claim.
  • Testimonies to prove that the reason for your disease was the asbestos exposure from the company’s products.
  • Financial records of bills related to the disease.

An attorney that specializes in asbestos claims will be able to inform you which forms may be necessary.


How Long Does a Mesothelioma Claim Take?

Each mesothelioma claim can take a different amount of time depending on the specific factors of the claim as well as how it is settled. When claims are settled outside of court, they tend to be wrapped up much faster than when they need to be presented in court. The timeline for claims can range from a few months to a year or longer.

Remember that there are statutes of limitations in place in each state, which will limit the amount of time you can wait before filing a claim. As states have different rules, this may affect the number of claims you can make across different states.

Regardless of your situation, if you or a loved one is suffering or has suffered with mesothelioma or an asbestos-related illness, an asbestos claim can help provide financial relief and compensation for the pain and stress it has caused. Find a lawyer that can help you receive the payments you deserve.


Insurance Claims and Other Benefits

While filing legal claims often provides mesothelioma victims with both the justice they deserve and substantial compensation for their suffering, there can be roadblocks. For example, if a mesothelioma victim fails to file a claim within the statute of limitations, they will not be permitted to move forward with their case and receive the compensation they are owed. While this is an unfortunate truth, there are other avenues of opportunity for victims of Mesothelioma to receive compensation. 

    • Veterans Claims: Those exposed to asbestos during their time of service and diagnosed with an asbestos-related health condition may seek additional financial benefits from the Department of Veterans Affairs (VA).
    • Insurance Claims: Mesothelioma victims may also receive compensation in the form of insurance assistance. Health insurance, Life insurance, Disability insurance, and Social Security Disability Insurance (SSDI) each provide Mesothelioma victims with additional benefits.
    • Workers’ Compensation: Workers’ compensation claims can cover the cost of medical expenses and even lost income to workers and retirees who are diagnosed with an asbestos-related disease. 

Mesothelioma victims have been needlessly forced to suffer and they deserve justice. To ensure a Mesothelioma victim receives all of the compensation they are owed, it is urgent to get in touch with a Mesothelioma lawyer who can help them understand all of the options.

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Written and legally reviewed by Daniel Wasserberg

Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

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