Long-term exposure to asbestos can lead to a mesothelioma diagnosis, making you eligible for a mesothelioma or asbestos claim. Asbestos claim enables you or your loved ones to take legal action against those responsible for your exposure and receive compensation.
The money received due to a mesothelioma claim can help you meet treatment requirements and other financial obligations. However, there are various types of mesothelioma claims, and you might not be eligible for all of them.
A quick explanation of different mesothelioma claims can help you decide your eligibility to file compensation. Read on to learn everything about mesothelioma claims.
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Wrongful Death Claim
If your loved one battling mesothelioma or other asbestos-related illness has passed away, you can file an asbestos wrongful death claim after their death.
With a wrongful death claim, you can hold the manufacturers and users of asbestos and asbestos-containing products for their negligence, resulting in your loved one’s death.
The compensation received as a result of the claim goes to the victim’s family, helping them pay for the victim’s outstanding medical bills and other expenses.
Here are some quick facts about wrongful death claims
- They are filled after the death of the mesothelioma victim by family members.
- The compensation received as a result of a wrongful death claim is often distributed after the victim’s death.
- The family can get the compensation as one big payment or through several installments.
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VA (Veteran Affairs) Benefits
The US Armed Forces, including the military and navy, also used asbestos for its insulation and heat-resistant properties between 1930 and 1980. As a result, many veterans developed mesothelioma years after their exposure.
All mesothelioma navy veterans, and those from other forces, are eligible to file for VA compensation benefits for their health injury due to asbestos exposure.
Veteran Affairs department benefits include:
- Compensation for the disability
- Financial support for in-home care and other miscellaneous health needs
- Treatment and medical care from the selected VA-affiliated mesothelioma health practitioners
- Survivor benefits for the family (spouse and kids)
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Asbestos Trust Fund Claims
You are eligible to file an asbestos trust fund claim if you have been exposed to asbestos-containing products and develop mesothelioma.
Companies create asbestos trust funds when they cannot pay for all the lawsuits. They file for bankruptcy and, as directed by the court, allocate funds to pay the existing and future claims. Currently, about $30 billion is present in asbestos trust funds.
You can file for an asbestos trust fund claim with an experienced attorney who can prove your exposure to a company’s asbestos-containing products.
An attorney can help you file for multiple trust fund claims if you have been exposed to the asbestos-containing products of several companies.
Victims filing for mesothelioma trust funds typically get $180,000, as decided by the RAND Institute of Civil Justice. However, since trusts also need to pay other victims, a claimant may only get a percentage of what they are eligible for.
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Personal Injury Claims
Personal injury claims are the most common type of mesothelioma claims filed by victims receiving a diagnosis.
With a personal injury claim, the victim can sue the company using asbestos in their products and the manufacturers and suppliers of asbestos-containing products.
Victims can also sue their employers for not providing them with proper protective equipment for protection against asbestos.
When filing for a mesothelioma personal injury claim, make sure to include the following:
- Victim’s mesothelioma diagnosis.
- Doctor’s statement (written) linking your mesothelioma diagnosis with asbestos exposure.
- Details of your work history, clearly mentioning the company that caused your asbestos exposure.
- Product history revealing your interaction with asbestos-containing products.
Your mesothelioma lawsuit will begin once you submit your personal injury claim. Your lawyer will gather the documents, statements, and proofs to make a strong case. If evidence and proof are in your favor, you will get the compensation either in an out-of-court settlement or a court trial verdict.
Most plaintiffs get their compensation through a settlement, which is enough to pay for the medical bills and other treatment costs. Though some victims have received enormous amounts, the average amount received through a mesothelioma settlement is approximately $ 1 million.
On the contrary, trial verdict amounts are often much higher than settlements; however, waiting for a trial verdict is also risky. You will get nothing if the court rules against you. That’s why attorneys often recommend their clients accept the settlement unless the chances of winning in a court trial are clear.
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Mesothelioma Insurance Claims
Like most cancers, mesothelioma treatment is extremely costly; therefore, paying for the entire treatment is impossible. Victims can receive compensation through means other than legal claims, such as mesothelioma insurance claims.
Government-sponsored programs, such as Medicare and Medicaid, can help pay for the medical expenses of older adults and those with low household incomes, respectively.
Mesothelioma victims can assess their insurance policy. They can determine what their private insurance policy covers and how much they must pay out of pocket to cover their treatment.
Mesothelioma victims under 65 can also receive SSDI (Social Security Disability Insurance), but only if they have worked long enough to be eligible.
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Workers’ Compensation Claims
Someone exposed to asbestos at their workplace can file a workers’ compensation claim for mesothelioma. However, the drawback of receiving compensation through this channel is that the victim may get less money from their total settlement or trial verdict amount. Liens, who fund workers’ insurance, may receive a cut of the money received through the legal proceedings.
Working with an practiced attorney can help you understand workers’ compensation claims and how going for it affects your prospects for other types of compensation.
Conclusion
Mesothelioma victims have many options to file a claim and receive compensation. However, it is essential to work with an experienced mesothelioma attorney to know the various claim options available. Attorneys will help you understand how choosing one claim over the other affects the prospects of getting other forms of compensation.
