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What Compensation is Available for Mesothelioma Patients?
Each type of mesothelioma claim will have a different amount of compensation. A 2016 Mealey’s Litigation report estimated that the average mesothelioma settlement was $2.4 million. The average settlement is between $1 million and $1.4 million.
A settlement or jury could decide the amount of compensation if a mesothelioma case goes to trial. Most cases settle before going to trial.
A wrongful death lawsuit may provide compensation for family members, spouses, and dependents if a loved one is killed by mesothelioma.
Mesothelioma insurance helps to cover medical expenses, lost earnings, and other losses. Families can also get financial security when their loved one is unable to work.
Other types of financial assistance may be available. You should weigh all options available for compensation in order to determine what is best for your family.
What is the average time it takes to get compensation?
Although reaching a verdict in a jury trial can take many years and then receiving compensation, defendants might offer to settle quickly, sometimes within a few months. The type of claim you have will also affect the time it takes to get compensation.
In some cases, money from an asbestos trust may be available within a few weeks.
It is important to make an informed decision about whether you file lawsuit, especially when you are dealing with stress from a terminal illness. An experienced mesothelioma lawyer will be able to give you an accurate estimate of the time it may take to get compensation.
Trust Funds Worth More Than $32 Billillion
You may be eligible for a trust fund claim if you have mesothelioma from asbestos exposure.
Different types of Mesothelioma Insurance
Asbestos trust funds and verdicts or settlements from lawsuits are sources of mesothelioma damages.
Because many asbestos companies have gone bankrupt, legal claims against asbestos trust funds are more common than mesothelioma suits. However, this does not mean that these companies are immune from liability.
Many asbestos producers were ordered to establish trust funds to pay future asbestos victims. Trust funds can contain millions, or even billions of dollars.
A mesothelioma lawyer might recommend filing both a trust claim and a lawsuit depending on which asbestos products are relevant to your case.
Asbestos Trust Funds
mesothelioma can be caused by exposure to asbestos products made by companies that have gone bankrupt. Your legal claim for damages could be handled through the trust fund of the bankrupt company, rather than the courts.
Because trust fund claims are not subject to the court system, they generally take less time than mesothelioma cases. Most claimants receive compensation in a matter of weeks.
If you or your family want to be compensated for medical bills, lost wages, and other expenses, a mesothelioma lawsuit is often the best type of case to file. An experienced mesothelioma lawyer can help you navigate the process and manage all legal details while you concentrate on your treatment and recovery.
If a mesothelioma victim dies, another option is to file a wrongful-death claim. This type of claim is often filed by surviving family members.
TWO TYPES of MESOTHELIOMA LAWSUITS ARE AVAILABLE:
- Personal injury claims: This lawsuit is filed by mesothelioma patients seeking to receive compensation for medical bills, lost wages, and other expenses.
- Wrongful death Claims: These lawsuits usually are filed by the estates of loved ones who have died from mesothelioma.
If you and the defendants refuse to settle, your case will be tried by a judge or jury. The trial verdict will contain monetary compensation if the defendant is found guilty. Each mesothelioma lawsuit is unique and there are no guidelines regarding compensation.
The amount you are owed depends on your case, as well as other factors like lost income and medical costs.
A 2021 report by the leading industry reported that more than 3,600 mesothelioma cases seeking compensation were filed in the U.S. for 2020.
In exchange for the cessation of a lawsuit, a defendant may offer to pay mesothelioma plaintiff compensation.
Many mesothelioma cases are settled before they go to trial. An qualified asbestos lawyer will negotiate settlements for you and advise on whether you should pursue a trial or accept the compensation.
Watch: Learn the pros and cons to settling your mesothelioma case outside of the courtroom.
There are many factors that will influence whether or not your mesothelioma case settles. Some defendants decide that settling a case is more cost-effective than paying higher legal fees. It also provides certainty about the amount of payment, rather than exposing themselves to loss at trial.
Others defendants will risk a trial if they have the option to settle at any time, especially if the evidence seems to favor them.
Who is eligible for compensation from asbestos exposure?
Anyone with mesothelioma can file a claim to receive compensation. An skilled asbestos attorney will help you determine your eligibility and the value of your case.
If you have lost a loved one due to mesothelioma, you may also be eligible for compensation. A wrongful death claim may be available for close family members, such as spouses or children who have lost a loved one to mesothelioma.
It is crucial to prove the diagnosis of mesothelioma and the evidence of asbestos exposure, regardless of whether you are filing a claim for yourself or your loved one.
Do family members have the right to claim compensation?
Yes, mesothelioma compensation may be available to surviving relatives who have lost a loved one due to the disease. A wrongful death lawsuit or trust claim may be filed by family members to represent the estate of the deceased loved one.
A mesothelioma lawyer will review your case and determine if you are eligible to file a case. The best claim to file depends on the facts of your case. In some cases, survivors may be eligible for compensation via multiple legal options.
Learn about Mesothelioma Compensation Options
Which diagnosis is right for you or your loved ones?
How to file for compensation for mesothelioma
Finding an experienced attorney is the most important thing. It is important to choose an attorney who has extensive experience in handling mesothelioma cases. They have the knowledge and experience to help you maximize any compensation available.
A mesothelioma lawyer can help you understand your options, but they won’t promise any specific amount of compensation.
- Talk to an attorney: Learn what type of compensation you might be entitled to by talking with an experienced lawyer in mesothelioma. They can help you determine the best option for you and your loved ones.
- Discovery Period Discuss your history with an attorney in order to uncover the truth about your asbestos exposure. This involves looking at where you worked and what products you were exposed.
- Take a look at your options You may want to consider all possible compensation options, including trust funds and lawsuits.
- Accept or reject settlement offers: When you file a lawsuit you might have to look at settlement offers from the defendants. Your attorney will advise you about whether to settle the claim or proceed to trial.
It is crucial to keep track of all expenses associated with your mesothelioma treatment and diagnosis. You might be unsure what expenses to track. Consider how your illness has affected your lifestyle, your ability to afford treatment, travel, and hiring assistance.
Transport costs to and from the doctor’s office can add up to what you pay for your treatment and insurance. A home health aide can also be costly to hire to assist with cleaning, gardening, and general maintenance.
Complementary therapies such as massage therapy may also be beneficial. These costs may not be covered by your health insurance.
Documenting your Exposure
It is unrealistic to expect anyone to be able remember all aspects of their life, work and asbestos exposure. It is simply too much information and too long between exposure and diagnosis.
This is why many people choose to file lawsuits over workers’ compensation claims. In many cases, the legal deadline to file a workers compensation claim has passed.
To help you document asbestos exposure, your attorney will ask questions about your work history in order to determine whether asbestos products were used. They have conducted extensive investigations on thousands of job sites to determine which asbestos products were used, and when. They are also able to conduct additional investigations at workplaces in order to determine if asbestos was used. This could include looking at purchase orders and other records.
THE MESOTHELIOMA CENTER
Each year, thousands of mesothelioma victims turn to The Mesothelioma Centre for financial and legal information.
Mesothelioma Lawyers Exclusive Resources
Talking to a qualified attorney about your asbestos claim is the most important thing you can do. You can rely on them to help you with your case.
- Product Identification: Books with pictures of asbestos-containing products, their packaging and labels help former asbestos workers to identify which products they used. Your case’s value can be significantly increased if you know the extent of your exposure to certain brands or products.
- Employment Records These documents can be accessed through the federal government after you have approved. These documents show that you have worked in areas where asbestos products were used.
- Eyewitnesses – Attorneys will also try to locate and confirm the identity of coworkers, friends, or other witnesses.
- Expertise Experienced lawyers can help you compare your case with others and assess how it stacks up. A case history from another claim can give you an idea of what to expect in your case.
Free consultations are available at the nation’s most reputable mesothelioma lawyers. This allows you to ask questions and learn about the history and success of the firm.
Other types of financial assistance
You can also receive compensation for a mesothelioma case.
These programs can be used to assist anyone suffering from a serious illness. These programs may provide financial assistance within a few weeks, months or even years. Some programs also provide ongoing compensation every month.
Claims of Military Veterans
Many of those who served in the U.S. Armed Forces, especially those who worked at shipyards, were exposed to asbestos.
Veterans are entitled to file a VA claim for compensation for any illness that they have suffered as a result their military service. It can be difficult to understand the paperwork. A VA-accredited claims agent can help.
VA-accredited claims agents recommend that veterans file a VA case at the same moment as they file a legal complaint. These claims will not be filed separately if you wait. You will receive compensation faster if you file both the one and the other claims.
Private Health Insurance
Your expenses can be offset by health insurance. Review your existing insurance policy to determine your out-of pocket deductible, copay amounts, and any limitations.
Your employer may stop paying your health insurance if you are not able to return to work after receiving benefits under your employer’s group insurance plan. Your coverage can be extended for a short time but your premium will generally increase.
Review your insurance documents and get more information from your carrier. Talk to your HR manager.
Medicare and Medicaid
You might be eligible for Medicare and Medicaid benefits. These programs provide health care benefits to eligible seniors, persons with disabilities, and people with low incomes.
These insurance policies cover all types of mesothelioma treatments. These programs have lower copays than some private insurance. Although financial assistance can help families pay for cancer treatment, it does not usually cover all costs.
Insurance for long-term disability
You may be eligible to receive a portion of your salary if you have long-term disabilities insurance.
This is usually only available to those who are away from work for a period of more than a few months. To determine whether you are eligible, your insurer will need to see documentation. You will need to provide documentation from your doctor proving your disability.
It usually takes between one and four months for benefits to begin. You may be limited by your policy in terms of how long you are allowed to receive benefits. You may not be eligible for a replacement policy if you don’t have long-term disability coverage at the time you are diagnosed.
Social Security Disability Benefits
If you are disabled from work due to illness, but still qualify for Social Security Disability benefits.
Although you may be eligible for a disability determination in a matter of days, it can take several months before you receive benefits.
Patients with serious illnesses can apply for Social Security Compassionate Allowances benefits through a fast-track process. This program is available to patients with pleural and peritoneal mesothelioma.
You may be eligible for assistance in your community. Many organizations offer grants that can be used to pay for transportation, lodging and food costs, as well as other expenses, during treatment.
Volunteers in your area may be able to help with transportation, errands and other caregiving tasks. For more information, contact your local American Cancer Society chapter or other cancer support group.