Mesothelioma is a life-altering disease, one which corporations are directly responsible for causing. Mesothelioma claims provide patients with the compensation they need to help cover medical expenses, recuperate lost wages and provide relief for pain and suffering.
Written by Retired LCDR Carl Jewett
Fact Checked by Troy Walton
Types of Mesothelioma Claims
There are three types of mesothelioma claims that patients and family members can file:
- Legal claims
- Veterans Affairs (VA) claims
- Social Security disability claims
With knowledge of their mesothelioma compensation eligibility, the filing process and the qualification requirements, patients and families can pursue one or more compensation options available to them.
Legal claims involving mesothelioma are filed against asbestos manufacturing companies responsible for unnecessarily exposing people to asbestos, which is a dangerous substance. The mineral was commonly used in construction, insulation and other industries until the 1980’s.
In rare circumstances, the patient’s employer is responsible and a claim is filed against that company. However, the plaintiff must show that the employer also knew the risks of asbestos and still provided no protection for their workers.
In most cases, the asbestos manufacturing companies deceived the employers to whom they sold the asbestos products. These manufacturers failed to provide warnings regarding the dangers of breathing or ingesting asbestos fibers despite being aware of the dangers for decades.
Mesothelioma and other asbestos-related claims are broken down into two separate entitlements: asbestos trust fund claims and mesothelioma lawsuits.
Once set aside for victims
Types of Legal Claims
Get Access to Trust Fund Money
$32 billion is available to mesothelioma patients and their families.
How Can Trust Funds Help?
- Assist in paying for treatment and travel expenses
- Ensure your family's financial future
- Quick compensation
Personal injury mesothelioma claims must be filed within the statute of limitations in the patient’s state. Some statutes are as short as one year.
Process for Mesothelioma Claims
Most claims are handled with little work required of the patient. An experienced attorney can simplify the case process so patients can focus on their health and spending time with their loved ones.
Hiring a quality mesothelioma firm is the first step in filing a claim. Mesothelioma lawyers work strictly on a contingency basis, meaning they only get paid a percentage of the victim’s compensation. Therefore, the client never has any out-of-pocket expenses.
Patients can hire the best law firms in the country regardless of location because the top lawyers are national, which enables them to handle cases regardless of where their client lives or works. They fly to and meet with the victim personally.
By thoroughly researching a patient’s exposure history, lawyers determine which companies to file mesothelioma claims against. The most experienced law firms have researched asbestos products for many years and possess a detailed database of asbestos producers and workplaces.
Usually, the most work a patient does for their lawsuit is provide a video deposition. This deposition is a record of their testimony, which can be used as evidence in the unlikely event their lawsuit goes to trial. Asbestos trust fund claims do not require a deposition because they are not lawsuits.
Lawsuits can seem overwhelming for many reasons, including the potential stress of a drawn-out trial. Fortunately, a large majority of mesothelioma lawsuits are settled before the trial date.
Why File an Asbestos-Related Legal Claim?
Filing a claim helps mesothelioma patients receive compensation, which assists them and their loved ones with the hardships associated with the disease. These funds aid in paying for a patient’s treatment and securing their family’s financial future.
4 Reasons Why You Should File a Claim
Importance of a Mesothelioma Lawyer
Hiring an experienced mesothelioma attorney can make the process of filing a mesothelioma claim free of stress, allowing patients to focus on treatment. Comfort for the client isn’t the only benefit to having a mesothelioma lawyer. Here are the primary ways that the best lawyers help patients with their mesothelioma claim.
Veterans diagnosed with mesothelioma have various compensation options available to them through the Department of Veterans Affairs (VA).
Veterans who have a “service-related” mesothelioma diagnosis are eligible for VA disability compensation. Veterans who contracted mesothelioma primarily because of exposure outside of the military should look into VA pension.
Amounts are determined by the number of dependents being paid, whether the veteran requires the assistance of another person to perform daily tasks (such as bathing, dressing, using the restroom, shaving, preparing meals, etc.) and whether the veteran is housebound or in a nursing home.
Average Single Vet Payout Per Month (as of 2019)
Average Married Vet Payout Per Month (as of 2019)
Common Questions About Mesothelioma Claims
How do I file a mesothelioma claim?
The first step to filing a claim is speaking with an experienced mesothelioma lawyer. They will go over your exposure history and determine which claims you are eligible for.
Whom do I file a mesothelioma claim against?
You file your mesothelioma claim against the asbestos manufacturing companies who are responsible for your cancer. These companies hid the dangers of asbestos from Americans, and they owe you compensation.
How much does a mesothelioma claim pay?
The amount of your mesothelioma claim depends on numerous factors, such as your age, where you live and the size of your immediate family. The most important factor is your asbestos exposure history.
What are the different types of mesothelioma claims?
The types of mesothelioma claims include personal injury claims, wrongful death claims and asbestos trust fund claims.
How long do mesothelioma claims take?
Mesothelioma claims can take anywhere from a few months to multiple years. Hiring an experienced mesothelioma lawyer will expedite the process.
Can loved ones of a mesothelioma patient file a claim?
Yes, but only in specific circumstances. Wrongful death claims are legal options for the loved ones of a patient who passed away. They provide financial help and justice to the family of the victim.
What is the statute of limitations on mesothelioma claims?
The statute of limitations on mesothelioma claims is the time limit for starting a claim. Each state has a different statute of limitations. Most range from 2-4 years.
Last Edited: September 21, 2020.