Written By: Retired LCDR Carl Jewett
Mesothelioma Compensation
Mesothelioma compensation is financial payment to help offset some of the burdens that arise following a diagnosis of mesothelioma, which is a rare and aggressive form of cancer caused by asbestos. Learn how to apply for mesothelioma compensation, the types of compensation, and the different ways this financial assistance can give you and your family security.
Reviewed By
Troy E. Walton
Personal Injury Attorney
Reviewed By
Troy E. Walton
Personal Injury Attorney
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Important Facts About Mesothelioma Compensation
- Companies that mined for, manufactured, sold, and used asbestos for decades knew the substance was dangerous and could be detrimental to the health of their workers and consumers. They are responsible for providing mesothelioma compensation to victims.
- The types of mesothelioma compensation include lawsuits, asbestos trust funds and VA benefits for military veterans.
- Top mesothelioma lawyers do not require any out-of-pocket expenses from patients or their families to receive legal help. They will provide a free case evaluation and may represent your case.
Learn More About Compensation for Mesothelioma
Asbestos is a natural mineral used during the 20th century in dozens of industries, including construction work and automobile manufacturing. Mesothelioma is a cancer caused 100% of the time by asbestos exposure and corporate greed. Companies that manufactured and sold asbestos products are the root cause of asbestos exposure, and they are responsible for providing mesothelioma compensation to victims.
There are several types of compensation depending on the type of claim you file. The types include: legal compensation (lawsuits and asbestos trust funds); wrongful death compensation for families; and VA compensation for veterans.
Legal Compensation
Lawsuits
Mesothelioma lawsuits are filed against the companies that manufactured, sold, and used asbestos in products. These companies largely knew the substance was dangerous and unfortunately continued using it to maintain profits.
Lawsuits can lead to legal settlements or court verdicts. These can result in up to several millions of dollars in compensation to help pay for treatment costs, medical bills, lost wages, home mortgages and more.
Your mesothelioma resulted from the negligence of greedy corporations. As such, you have the right to hold these negligent corporations accountable and receive a financial safety net.
Asbestos Trust Funds
Asbestos trust funds, another type of mesothelioma claim, are bank accounts created by asbestos companies to pay victims. They are different from lawsuits in that the claims don’t involve court hearings and usually lead to faster, nearly guaranteed payouts.
Many companies who sold asbestos-containing products declared bankruptcy due to the high number of claims filed against them. Most of these bankruptcy filings involve Chapter 11 of the Bankruptcy Code, which allows these companies to reorganize. They create subsidiary “shell” companies to take the legal liabilities while the main company resumes operation.
Companies use this strategy because bankrupt companies cannot be taken to court in a lawsuit. To prevent companies from avoiding responsibility completely, the U.S. court system requires asbestos companies to set up trust fund bank accounts to pay victims exposed to their asbestos products.
The approval process for an asbestos trust fund claim is much faster than filing a lawsuit. Victims can often start receiving trust fund payments as early as three months from the time they hire a mesothelioma law firm.
There is approximately $30 billion set aside in more than 70 asbestos trust funds. The amount will fluctuate, but trustees of these various trusts ensure money is available.
An experienced mesothelioma attorney can help determine your exposure history and access your fair share of these funds. Get access to asbestos trust funds now.
Wrongful Death Claims
Wrongful death claims are used if the person diagnosed with mesothelioma passes away, leaving their surviving loved ones with financial and emotional strain. Some states may have different laws on who can file wrongful death claims. However, all states will acknowledge the surviving spouse or children of the victim who was diagnosed with mesothelioma as heirs.
Veterans Claims
Veterans with mesothelioma make up a large number of people diagnosed with the cancer: approximately 33%. This is due to the amount of asbestos-containing products used by the military.
There are several types of compensation available to veterans diagnosed with an asbestos illness. The most common benefits are VA Disability Compensation and VA Pension.
Who Is Eligible for Mesothelioma Compensation?
Most people diagnosed with mesothelioma can apply for compensation. Other eligible victims are the surviving loved ones of someone who passed away due to mesothelioma (spouse or children).
The people who are often affected by asbestos diseases, such as mesothelioma, and eligible for compensation include:
- People exposed to asbestos on work sites (occupational asbestos exposure)
- Friends or family in close physical contact with workers carrying asbestos on their clothes (secondhand asbestos exposure)
- People living near asbestos manufacturing plants or mining operations (environmental asbestos exposure)
- Consumers of products containing asbestos, often talc products (talc asbestos exposure)
In the face of so much uncertainty from a cancer diagnosis, these people deserve the financial stability that comes from compensation. Our patient advocates are available to assist you in determining your eligibility and what you’ll need to prove your case.
How Much to Expect in Mesothelioma Compensation
The average amount of compensation for mesothelioma is $1 million-$1.4 million. This is a total of all claims someone may file, which can include different types of claims depending on the case. This number is just a reference for people and should not be the expected compensation amount, which could be higher or lower.
Some verdicts favoring victims of mesothelioma have awarded $10 million or more. Lawsuit settlements usually lead to less since it’s a negotiation between all parties involved in a claim.
Asbestos trust fund compensation averages at approximately $50,000 per trust, but victims can file with multiple trusts and payment usually is complete within a few months.
The amount can depend a lot on the lawyer you choose to handle your case. Find an experienced mesothelioma law firm that can show examples of compensation amounts earned for clients.
Process for Mesothelioma Compensation
Each case is unique, but the general process for receiving mesothelioma compensation is largely the same. Rely on a mesothelioma lawyer to guide you through these steps. Don’t wait to start the process, either, as there is often a time limit to file compensation claims.
Process for Legal Claims
- Hire a mesothelioma law firm with experience in cases of your type of exposure (military, construction, factory work, etc.).
- Compile evidence showing how you were exposed to asbestos. This is the most important aspect of receiving financial compensation. Providing proof of your exposure is the main job of the lawyer you hire, as they have experts to determine how you were exposed.
- Sign affidavits regarding your asbestos exposure. These will primarily be based on the research your lawyers conduct regarding your asbestos claim.
- File court documents for the mesothelioma lawsuits or asbestos trust fund claims. Your mesothelioma lawyer handles all paperwork and legal filings so you have less stress.
Note: If you are filing an asbestos trust fund claim, then you will likely receive approval and compensation within a few months after filing the claim. - Give a deposition. This provides a taped account of how you were exposed, what you were exposed to, and to what extent. Once a deposition is completed, your lawyer will be able to begin negotiating mesothelioma settlements on your behalf.
Note: If you do not have a claim against any viable asbestos companies, then you will likely receive compensation through an asbestos trust fund, which does not require a deposition. - If you are filing a lawsuit, you’ll negotiate a settlement with the asbestos companies. This part is handled by your lawyer, who will communicate with you the offer and discuss whether it’s an appropriate amount.
- Go to court for trial if no settlement is reached. This is rare, as most companies push to settle lawsuits early. At the end of the trial, the jury decides a verdict favoring either you or the defendant companies.
Process for VA Claims
- Find a VA claims agent to help you file your claim. Our VA claims agent specializes in filing for benefits related to asbestos diseases, and there is no charge for assistance.
- Determine the type of compensation for which you qualify. Veterans with service-connected mesothelioma can file for VA Disability Compensation. Wartime veterans with non-service-connected mesothelioma may qualify for VA Pension. Surviving spouses and dependents of veterans who died from mesothelioma may also qualify for VA Dependency & Indemnity Compensation (DIC) or Survivors Pension. Your VA claims agent can help you determine the benefit for which you are eligible.
- Compile evidence showing you were exposed to asbestos and collect medical documents stating you have an asbestos-related disease. If you are applying for VA Disability Compensation or Dependency and Indemnity Compensation, then you need to compile evidence showing you were exposed to more asbestos in the military than in your civilian career. Your VA claims agent can help you to identify your exposures to asbestos and craft an Asbestos Exposure Letter for the VA. This is not required for VA Pension.
- File the appropriate claim forms and supporting documentation with the VA. Your VA claims agent can ensure you have all the necessary forms and supporting documentation for your claim. They can even file it for you.
Myths About Asbestos Claims and Mesothelioma Compensation
There are a few myths about seeking mesothelioma compensation. This is why it is very important to find a mesothelioma lawyer to help you along the way.
Some people hesitate to start the legal process due to the following common misconceptions:
- “Hiring a mesothelioma attorney is expensive.” The top mesothelioma law firms will work with you without needing upfront payment. They only receive money if you win your case, which is called working on a “contingency basis.”
- “An asbestos lawsuit takes up too much personal time and resources.” The best mesothelioma lawyers will protect you from spending your personal time and resources on the case. They’ll handle researching and filing the claim for you, plus all negotiating with other parties.
- “You cannot take legal action if you are unsure of the responsible party.” Even if you do not know which companies exposed you to asbestos, your lawyer should be able to connect your work history to known uses of asbestos and determine the responsible parties. Trust the experts.
- “If you file out of state, you are required to travel.” You are not required to travel. Your lawyers will travel to you for meetings or schedule virtual meetings to minimize the stress on you and your family. You will likely record a deposition with your legal team to use during court proceedings. This serves as testimony to use instead of you being in-person.
- “Compensation amounts will not make this worth my time.” Many people with mesothelioma receive hundreds of thousands of dollars, which can be used toward treatment costs and medical bills. Some people even receive millions of dollars from settlements or verdicts in lawsuits.
- “Claims must be filed against the government if your condition is related to military service.” VA claims are filed with the government, but these are not legal claims. The companies that manufactured, sold, and used asbestos are the ones you’ll file legal claims against – even if you were exposed during military service. The military is not usually at fault for this exposure; the responsible companies are the ones that made and sold asbestos products to the military.
Why Choose a Mesothelioma Law Firm
Attorneys Help Determine Asbestos Exposure
Most patients may not know all the asbestos products they were exposed to or which companies caused their exposure. Experienced mesothelioma attorneys help research and pinpoint the types of asbestos products a patient once used, or was around, and the companies responsible for making the products.
Asbestos compensation and the claims process are considered a complex type of litigation, which is why an experienced asbestos attorney is needed. They take on that burden so victims and their families can focus on medical treatment, spending quality time with one another, reducing their stress, and maintaining their mental health.
No Out-of-Pocket Legal Fees
The last thing a patient who’s already paying for medical treatment needs to worry about is more expenses. Fortunately, mesothelioma attorneys work on a contingency basis where they only receive money if they secure compensation for their client. Lawyers receive a percentage of the payout. This means the lawyer must be successful in recovering money for you.
Lawyers Travel to You
Travel should never be a concern for someone with mesothelioma. Asbestos attorneys from top mesothelioma law firms will travel to a patient’s home – or schedule virtual meetings – to gather all necessary information. They want the patient and their loved ones to feel comfortable.
Legal Claims Are Rarely Filed Against the Military
In the cases of military veterans with mesothelioma, legal claims are filed against the asbestos product manufacturers that created and sold deadly products to the military for use in ships and aircraft. The military did not know asbestos was dangerous, but the companies that sold the mineral to them did.
Many companies had contracts with the government to supply asbestos-containing products. These companies are ultimately responsible because they were aware of the dangers of their products but did not disclose the dangers to the government.
Mesothelioma Compensation for Veterans
Military veterans make up approximately one-third of the estimated 3,000 mesothelioma cases diagnosed in the United States each year. The high rate of mesothelioma among veterans is due to the abundance of asbestos used in the military until the 1980s.
Veterans can file claims with the VA as well as legal claims through the legal system. They also have access to asbestos trust funds.
Here are three types of claims veterans can get VA compensation for their mesothelioma diagnosis or other asbestos-related diseases:
- Disability Compensation – Veterans with service-related mesothelioma qualify for a 100% VA disability rating. VA Disability Compensation for unmarried veterans starts at $3,831.30 per month.
- Pension – Wartime veterans with limited income may be eligible for a VA Pension. The amount of Pension payment each month to veterans depends on their household income.
- Dependency and Indemnity Compensation (DIC) – The VA recognizes the effect a mesothelioma diagnosis has on family members, too. VA Dependency and Indemnity Compensation pays surviving spouses. The amount starts at $1,653.07 per month.
Get Help Filing a Veterans Mesothelioma Claim
Veterans tend to have some misconceptions about VA compensation. Filing a claim can be a lengthy, complicated process — if you do it on your own. Getting experienced help ensures you receive benefits including:
- Free help filing a claim
- Ensuring you submit a complete claim and don’t get rejected
- Expediting your claim
- Reducing the stress of filing
Mesothelioma Guide’s VA-accredited claims agent will provide free assistance to veterans needing help filing a VA claim. Retired Navy LCDR Carl Jewett has helped hundreds of veterans receive full mesothelioma compensation from the VA. Connect with LCDR Jewett for help filing a claim.
Frequently Asked Questions About Mesothelioma Compensation
What Is the Average Compensation for a Mesothelioma Legal Claim?
The average mesothelioma claim is between $1 million and $1.4 million. However, your compensation could be higher or lower than this range. The amount of compensation in an asbestos case will vary depending on the job type, amount of exposure, type of claim, and place or places an asbestos victim may have been exposed. Each claim is unique, and you should connect with one of the top mesothelioma law firms to learn more.
Who Is Eligible for Mesothelioma Compensation?
Mesothelioma benefits are available for patients who develop mesothelioma as well as members of the victim’s family. The first step is determining how your exposure to asbestos occurred and which companies are responsible. If a patient has passed away, then their surviving family members can pursue compensation.
As a Veteran, What Are My Options for Mesothelioma Compensation?
There are different types of mesothelioma compensation for victims of military asbestos exposure. Veterans seeking compensation for mesothelioma can file for monthly compensation from the Department of Veterans Affairs (VA). This compensation comes from filing for either Disability Benefits or Pension. In addition to VA benefits, veterans can get legal compensation through asbestos trust funds and lawsuits.
As a Veteran, Do I File a VA Claim for Military Exposure and Hire a Mesothelioma Lawyer for Civilian Exposure?
No. As a veteran, you can always hire a mesothelioma attorney regardless of where your exposure occurred. A veteran-friendly mesothelioma firm will investigate your asbestos exposure, whether it occurred in the military, your civilian employment or at home. Therefore, you should hire a firm with experience in filing claims for people exposed in their civilian life, as well as those exposed in the military. You can also file a VA compensation claim for disability if most of your exposure occurred in the military. Even if your exposure occurred during military service, you should still hire a mesothelioma attorney who can also file claims against the companies that sold asbestos to the military and caused your exposure.
Sources & Author
- Asbestos and the Future of Mass Torts. National Bureau of Economic Research. Retrieved from: https://www.nber.org/papers/w10308#:~:text=The%20paper%20contrasts%20asbestos%20litigation,torts%20larger%20and%20more%20expensive Accessed: 04/06/23.
- Veterans asbestos exposure. U.S. Department of Veteran Affairs. Retrieved from: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/ Accessed: 04/06/23.
- Asbestos Bankruptcy Trusts and Tort Compensation. RAND Institute for Civil Justice. Retrieved from: https://www.rand.org/content/dam/rand/pubs/monographs/2011/RAND_MG1104.pdf. Accessed: 10/23/19.
- Veterans Compensation Benefits Rate Tables. U.S. Department of Veterans Affairs. Retrieved from: https://www.benefits.va.gov/COMPENSATION/resources_comp01.asp> Accessed: 03/20/19.
