Top Mesothelioma Lawsuits and Legal FAQ

For those who have received a mesothelioma diagnosis or have had a family member diagnosed, approaching the legal process after going through treatment and recovery can be challenging. Fear may occur because there may be a lot of unanswered questions. Everyone involved will have mesothelioma questions regarding the process. This is why we have created a Legal FAQ to answer the most asked questions about asbestos and mesothelioma lawsuits, compensation, and settlements.

Legal FAQ: Compensation and Trust Funds Questions

1) Can I claim compensation for mesothelioma?

If you are diagnosed with mesothelioma or another asbestos-related illness or cancer, 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 attorney.

2) What is the average mesothelioma settlement?

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.

3) How long does it take to settle a mesothelioma case?

Typically, victims start receiving settlement checks within a few months to more than one year after filing a claim. Compensation usually comes in installments rather than a lump sum. Your mesothelioma attorney will explain how payments are structured.

4) Do I need a mesothelioma 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 (such as lung cancer). 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.

5) 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 victims, and ensure they receive adequate compensation for pain and suffering as well as financial coverage for treatment.

6) 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 amount allocated for the injured party’s claim is $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.

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Legal FAQ: Lawsuits

1) What type of lawsuit is mesothelioma?

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

2) 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 a single victim.

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

3) How can I prove my asbestos exposure?

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

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

Top product negligence 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 lung treatment while their lawyer handles everything related to the case.

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

If a loved one isn’t healthy enough to pursue a case or must remain close to their treatment center, family members or loved ones may help by working with a mesothelioma attorney to collect the necessary information.

6) I received an asbestosis settlement and now have mesothelioma. Can I file a second lawsuit?

Most states do allow victims to file a mesothelioma lawsuit, even after previously filing a lawsuit for another asbestos-related lung cancer or illness. However, mesothelioma is considered to be a progressed form of an asbestos-related illness, so filing a second claim may be challenging. A mesothelioma lawyer can help navigate those challenges and convince the court a second illness is deserving of consideration.

Do you Have any Unanswered Mesothelioma Legal Questions?

If you have been diagnosed with mesothelioma or related lung cancer, this article may have answered some of your questions and been of some help, but there is always more to the story. If you are ready to talk to a lawyer we can help and discuss your legal options. Complete our free case evaluation or download our Mesothelioma Resource Guide.

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