Troy E. Walton
Personal Injury Attorney
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Important Facts About Mesothelioma Claims
- There are two types of legal claims: lawsuits and asbestos trust funds.
- Your exposure history will determine the type of claim you file.
- Veterans can file VA claims for government benefits.
Types of Mesothelioma Claims
There are three types of mesothelioma claims you 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. They are responsible for unnecessarily exposing people to asbestos. The dangerous mineral was commonly used in construction, insulation and other industries until the 1980s.
In rare cases, the patient’s employer is responsible. However, the plaintiff must prove the employer knew the risks of asbestos and provided no protection for workers.
In most cases, the asbestos companies are responsible. They deceived the employers who bought the asbestos products. These manufacturers failed to provide warnings regarding the dangers of breathing or ingesting asbestos fibers. This is despite being aware of the dangers for decades.
Mesothelioma and other asbestos-related claims are broken down into two types: asbestos trust funds 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 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. 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 claims against. The most experienced law firms have researched asbestos products for many years. They possess a detailed database of asbestos producers and workplaces.
Usually, the patient provides a video deposition. This deposition is a record of their testimony, which can be used as evidence if 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 are settled before the trial date.
Why File an Asbestos-Related Claim?
Filing a claim helps patients receive compensation. This assists them and their loved ones with extreme hardships. These funds aid in paying for treatment and helping the family.
4 Reasons Why You Should File a Claim
Importance of a Mesothelioma Lawyer
Hiring an experienced attorney can make the process of filing a mesothelioma claim easier. 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 compensation options available through the Department of Veterans Affairs (VA).
Veterans with a “service-related” mesothelioma are eligible for VA disability compensation. Veterans with mesothelioma primarily because of exposure outside of the military can receive VA pension.
Amounts are determined by:.
- The veteran’s number of dependents
- Whether the veteran requires the assistance of another person to perform daily tasks (such as bathing, dressing, using the restroom, shaving, preparing meals, etc.)
- Whether the veteran is housebound or in a nursing home
Average Single Vet Payout Per Month (as of 2021)
Average Married Vet Payout Per Month (as of 2021)
Frequently Asked Questions About Mesothelioma Claims
How do I file a mesothelioma claim?
Whom do I file a mesothelioma claim against?
How much does a mesothelioma claim pay?
What are the different types of mesothelioma 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?
What is the statute of limitations on mesothelioma claims?
Sources & Author
- 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.
- Occupational Exposure to Asbestos. United States Department of Labor, Occupational Health and Safety Administration. Retrieved from: https://www.osha.gov/laws-regs/federalregister/1994-08-10. Accessed: 03/22/19.
- How Much in Social Security Disability Benefits Can You Get? Disability Secrets. Retrieved from: https://www.disabilitysecrets.com/how-much-in-ssd.html. Accessed: 01/20/20.