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Mesothelioma Lawsuits and Legal Compensation

This picture shows a lawyer and a judge.Asbestos is a fibrous mineral commonly used in building materials. The substance is durable and heat-resistant, making it perfect for a variety of applications. However, it’s popularity waned in 1970, when the Environmental Protection Agency (EPA) declared asbestos a carcinogen, linking it to mesothelioma, a rare form of cancer.

Mesothelioma is caused by exposure to asbestos. It has a long latency period and is commonly found in those who have worked in the automotive and construction industries. Military veterans and first responders are also at risk of developing mesothelioma.

Both mesothelioma patients and their families may be eligible for legal compensation. Read through this list of frequently asked questions to learn more:

Can I sue for compensation if I have mesothelioma?

If you are diagnosed with mesothelioma, you may be eligible for legal compensation. Several factors must be considered before you file a lawsuit, including where you were exposed, who was responsible for your asbestos exposure, and when you were diagnosed with mesothelioma. Not sure how to find this information? Contact a qualified mesothelioma attorney.

What is the average settlement for mesothelioma legal cases and how long will it take to receive compensation after I hire a lawyer?

The average mesothelioma legal case settles for between $250,000 and $2,000,000. The time it takes to get a settlement varies for each case. Typically, victims start receiving settlement checks within a few months to more than one year after filing a claim. Mesothelioma compensation usually comes in installments rather than a lump sum. Your mesothelioma attorney will explain how payments are structured.

Do I need a lawyer?

You do not have to hire an attorney to file a claim. However, experienced mesothelioma lawyers are experts in asbestos exposure and its related diseases. A mesothelioma lawyer has the resources to build a solid legal case, collecting exposure evidence and targeting companies that may be to blame. Most mesothelioma lawyers offer free consultations.

Trust Funds

This image depicts a work space with asbestos inside.

What is an asbestos trust fund?

When a company that manufactured or used asbestos-based products files for Chapter 11 bankruptcy, the company must establish an asbestos trust fund to protect current and future victims, and ensure they receive adequate compensation for pain and suffering.

How much compensation can asbestos trusts pay claimants?

Trust funds pay a percentage of the amount the claimant is granted, commonly referred to as a payment percentage. The payment percentage ranges from 1 percent to 100 percent and may change over time. For example, if the value of a claim is $100,000, and the payment percentage is 40 percent, the victim will receive $40,000.

Trust funds use a payment percentage to ensure the available funds don’t run out. A board of trustees oversees the accounts and manages the trusts.

Lawsuits

Image shows a person considering their mesothelioma legal options.

What are the types of asbestos injury lawsuits?

There are a couple types of asbestos injury lawsuits, including personal injury, and wrongful death. Victims can also attain compensation through settlements, workers’ compensation, and trust funds.

What is the difference between a personal injury claim and a wrongful death suit?

A patient who receives a mesothelioma diagnosis may file a claim against the asbestos companies responsible for their exposure. This is called a personal injury lawsuit and seeks compensation on behalf of the singular victim.

If a loved one has died from mesothelioma, family members can file a wrongful death claim. This type of lawsuit seeks compensation for damages done during the duration of the victim’s battle with mesothelioma, such as medical bills or lost wages.

How can my exposure to asbestos be proven?

An experienced mesothelioma lawyer knows what products contain asbestos, the manufacturers that produced the mineral, and where you could have been exposed. They regularly deal with similar cases and have the right resources to find proof of exposure.

Will I need to travel or go to court if I file a lawsuit?

Top mesothelioma attorneys will travel to you to gather all the information they need. Then, they will work on your behalf in the courtroom. Clients can focus on their health and treatment while their mesothelioma lawyer handles everything related to the case.

What if a loved one is too ill to pursue a case?

If a loved one who is diagnosed with mesothelioma isn’t healthy enough to pursue a case, family members or loved ones may work with a mesothelioma attorney to collect the necessary information.

I was diagnosed with asbestosis and received a settlement. Now I have mesothelioma. Can I file a second lawsuit?

Several states do allow victims to file a mesothelioma lawsuit, even after a previously filed a lawsuit for another asbestos-related disease. However, mesothelioma is considered to be a progressed form of an asbestos-related illness, so filing a second claim can be tricky. A mesothelioma lawyer can help convince the court a second illness is deserving of compensation.

Military Veterans

Picture shows a person kneeling by an army tank with asbestos surrounding it.

I was exposed to asbestos in the military. Will I be suing the military?

Veterans are never asked to file a lawsuit against the military, and all cases involving military exposure are brought against the asbestos manufacturers that sold asbestos to the military.

Can I apply for veterans benefits in addition to filing a lawsuit?

In addition to filing a lawsuit, military veterans can also be eligible for veterans benefits through the Department of Veterans Affairs.

What’s Next?

If you have been diagnosed with mesothelioma, this article may have answered some of your questions. Ready to talk to a lawyer? To learn more about your legal options, complete our free case evaluation today.

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We’re here for you every step of the way.

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