Mesothelioma Compensation ranges from $1 million to $2.4 million. A mesothelioma person may get money from trust funds made up of people who worked with asbestos, settlements, or jury verdicts. It usually takes less than a year to get money from trust funds and payments for mesothelioma, but it can take longer. It may be years before you get money from a trial verdict.
Compensation for mesothelioma varies for each type of claim. In a report from 2016 called Mealey’s Litigation Report, the average payout for a mesothelioma case is about $2.4 million. The average settlement is between $1 million and $1.4 million, but it can be more or less.
If a mesothelioma claim goes to trial, a settlement could be reached or a jury could determine the amount of compensation, if the defendant is found guilty of the asbestos exposure. Most cases settle before trial.
The estate of a loved one who has died from mesothelioma can file a wrongful death lawsuit on their behalf to seek compensation for family members, spouses, and dependents who have lost their financial support as a result of the death.
Mesothelioma compensation can assist in covering medical expenses, lost wages, travel expenses, and other losses resulting from the disease. It also provides financial security for families when a loved one is unable to work due to illness or injury.
Additional financial assistance may be available in the form of grants or loans. It is critical to consider all of your available options for compensation in order to determine which is the best option for you and your family.
How Long Will It Take to Get Mesothelioma Compensation?
It could take years to reach a verdict in a jury trial and then receive compensation, but defendants may offer to settle quickly, possibly within a few months of the verdict being reached. The type of claim that you file will also have an impact on the length of time it takes for you to receive compensation.
It is possible to receive money from asbestos trusts within a few months.
In any situation, deciding whether or not to file a lawsuit is a critical decision. However, when dealing with the stress of a terminal illness, this decision is even more critical. In order to provide you with the most accurate estimate of how long it may take to receive compensation in your specific case, you should consult with a mesothelioma attorney.
Types of Mesothelioma Compensation
Sources of mesothelioma compensation include asbestos trust funds, as well as verdicts or settlements obtained through lawsuits.
Legal claims directed to asbestos trust funds outnumber mesothelioma lawsuits because many asbestos companies have gone bankrupt. This does not necessarily mean that those companies have escaped liability.
In bankruptcy proceedings, many asbestos manufacturers have been ordered to set up trust funds with enough money to compensate future asbestos victims. Most trust funds contain hundreds of millions of dollars, and some even contain billions.
A mesothelioma lawyer may recommend that you file both a trust fund claim and a lawsuit depending upon which asbestos products are relevant to your case.
Asbestos Trust Funds
If you develop mesothelioma as a result of exposure to an asbestos product made by a company that went bankrupt, your legal claim for damages may be processed through the bankrupt company’s trust fund rather than the court system.
Trust fund claims generally are processed quicker than mesothelioma lawsuits because they don’t have to be handled by the court system. Claimants typically receive compensation within a couple of months. Learn about asbestos trust funds
A mesothelioma personal injury lawsuit frequently is the best type of claim to file if your family wishes to receive compensation to pay for medical bills, lost wages and other expenses. A mesothelioma attorney can walk you through the process and handle every legal detail while you focus on treatment and recovery.
Another option is filing a wrongful death claim when a person dies of mesothelioma. Surviving family members often represent the estate when filing this type of claim.THERE ARE TWO TYPES OF MESOTHELIOMA LAWSUITS:
- Personal Injury Claims: These lawsuits are filed by people diagnosed with mesothelioma seeking compensation to cover medical bills, lost wages and other expenses.
- Wrongful Death Claims: These lawsuits are usually filed by the estate of a deceased loved one who died of mesothelioma.
If the defendants do not settle and your case goes to trial, a court or jury will decide your case. If the defendant is found liable, the trial verdict will include monetary compensation. Each mesothelioma case is unique, and there are no set guidelines for compensation.
If you win, the amount owed to you depends on the facts of your case and other factors such as medical costs and lost income.
According to a 2021 leading industry report, more than 3,600 mesothelioma lawsuits seeking compensation were filed in the U.S. in 2020.
A settlement happens when a defendant offers to pay compensation to a mesothelioma plaintiff in exchange for discontinuation of the lawsuit.
Many mesothelioma lawsuits are settled before trial. A qualified asbestos law firm will negotiate settlements on your behalf and advise you on whether to take the compensation or pursue a trial.
Several factors affect whether your mesothelioma lawsuit reaches a settlement. Some defendants decide settling a claim is cheaper than incurring more legal fees and affords certainty of the amount of payment rather than risking a loss at trial, along with an uncertain amount of damages.
Other defendants are willing to risk a trial because they can opt to negotiate a settlement at any point, particularly if the evidence in the case seems to favor the defendent. Learn About Mesothelioma Settlements
How to File for Compensation for Mesothelioma
The most important step is finding an attorney with the right experience. In particular, it is beneficial to select an attorney with deep experience handling mesothelioma lawsuits. They will have the experience necessary to handle your case and maximize compensation that may be available to you.
The right mesothelioma attorney will help you understand your options and won’t promise a certain amount of compensation.
- Get an Attorney: Find out what compensation you may be eligible to receive by speaking with an experienced mesothelioma lawyer who can help determine what’s best for you and your family.
- Discovery Period: Work with your attorney to help them discover the facts concerning your asbestos exposure history. This process generally focuses on the places you’ve worked and which products you were exposed to.
- Weigh Your Options: Consider all options for compensation that your attorney presents, which may include trust funds and lawsuits.
- Accept or Reject Settlement Offers: If you decide to file a lawsuit, you may have to consider settlement offers from defendants. Your attorney will counsel you on whether to settle your claim or whether to move forward to trial.
It is important to track all the expenses related to your mesothelioma diagnosis and treatment. If you are unsure of what to track, think about how your illness has changed your daily lifestyle and your budget to accommodate cancer treatment, traveling for treatment, hiring help and affording complementary therapies.
Transportation to and from medical providers can become costly on top of what you’re paying for treatment and health insurance coverage. It is also costly to hire a home health aide to help with cooking, cleaning, yard work, general maintenance and your care.
Make sure to also track complementary therapies, such as massage therapy, which might help to relieve some of your symptoms. Your health insurance may not cover these costs.
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Documenting Your Exposure
No one is expected to remember everything about their work, health, life and asbestos exposure history. It’s simply too much information, and the time between exposure and diagnosis is too long.
This is one of the reasons why people file lawsuits instead of workers’ compensation claims. Additionally, often the time has expired legally to file a workers’ compensation claim in many cases.
Your attorney will help you document your asbestos exposure by asking questions about your work history to determine your exposure to products containing asbestos. They’ve done extensive investigations into thousands of job sites to reveal exactly which asbestos products were used and when they were used. They can also conduct new investigations into workplaces to determine whether asbestos was used. This can include reviewing purchase order histories and other historical records.
THE MESOTHELIOMA CENTER As the nation’s most trusted mesothelioma resource, thousands of mesothelioma patients seeking legal and financial information turn to The Mesothelioma Center each year for help.
Resources Exclusive to Mesothelioma Lawyers
The single most important action you can take when considering an asbestos claim is to speak with a qualified mesothelioma attorney. They have resources to trace your exposure history that other attorneys do not have, and those resources can help your case significantly.
- Product Identification: Books featuring pictures of asbestos-containing products and their packaging help former asbestos workers identify the products they used. Knowledge of exposure to specific products or brands can significantly raise the value of your case.
- Employment Records: These are accessible through the federal government with your approval. These documents prove you worked where asbestos products were used.
- Eyewitnesses: Attorneys will also attempt to identify and locate coworkers, friends or other witnesses who can help confirm your exposure history.
- Expertise: Experienced attorneys can compare your case to others they have handled and see how it stacks up. Case histories from other claims can be a good indicator of what can be expected in your case.
The nation’s top mesothelioma law firms offer free consultations and case reviews. This gives you an opportunity to ask important questions and learn more about the firm and its history of success.
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Is compensation available for asbestos exposure?
Anyone diagnosed with mesothelioma as a result of asbestos exposure is likely eligible to receive compensation. Forms of compensation include settlements, which avoid trials. A wrongful death lawsuit can be filed in the event of a loved one’s death due to mesothelioma. Mesothelioma lawsuits usually provide the highest amount of compensation to family members, spouses or dependents.
Who is eligible for mesothelioma compensation?
If you or a loved one has been diagnosed with mesothelioma or an asbestos-related disease, you may be eligible to file a mesothelioma claim for compensation. If a loved one died of mesothelioma, a lawyer or firm that specializes in mesothelioma can help family members file an asbestos claim after death.
Is compensation still available from asbestos trust funds?
Approximately 60 active asbestos trust funds remain open with an estimated $30 billion available for claimants. Since the late 1980s, these trust funds have paid out more than $20 billion.
How can I apply for asbestos compensation?
The first steps in applying for asbestos compensation include speaking with a mesothelioma lawyer and finding out what type of compensation is most appropriate for your case.
How do I find an attorney who specializes in asbestos cases?
You can begin your search for a mesothelioma lawyer by asking the right questions of a law firm: Can you provide a free case review? What’s your track record of success? How many years have you practiced mesothelioma cases? Are you available across the nation? What databases can you access for asbestos information?