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.

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Legal Claims

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.

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Asbestos Trust Fund Claims

Many asbestos producers have filed for bankruptcy. Some did so because asbestos use in new applications dropped sharply in the second half of the 20th century, when organizations like the Occupational Safety and Health Administration implemented safety precautions, leaving the asbestos industry’s business model untenable. Other companies filed for bankruptcy to avoid future lawsuits.

To ensure that asbestos manufacturers would not avoid their legal and ethical responsibility to compensate those affected, bankruptcy courts forced them to create asbestos trust funds. These funds allowed manufacturing companies to set money aside for future victims, who can file a claim against the accounts.

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Personal Injury Lawsuits

If a manufacturing company that is responsible for someone’s mesothelioma is still in business, the victim can file a lawsuit against them.

Victims should consult with a mesothelioma attorney as soon as possible after receiving their diagnosis. The attorney needs time to investigate the patient’s exposure history, determine all the viable defendants and file the claims within the statute of limitations associated with the applicable state. There may be multiple states relevant to the case depending on where the exposure occurred, where the plaintiff lives and other factors.

Most mesothelioma personal injury lawsuits reach a settlement before going to trial, which allows patients to focus on treatment rather than their legal case.

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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.

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Wrongful Death Lawsuits

If a loved one dies from mesothelioma without having hired a mesothelioma attorney, the family may hire an attorney to file a wrongful death lawsuit on behalf of the deceased’s estate as long as the statute of limitations has not expired. This type of mesothelioma claim is similar to a personal injury lawsuit.

If an estate was not set up or required, a mesothelioma attorney can refer the family to an estate-planning or elder-care attorney who helps with the process.

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.

1

Hire a Mesothelioma Law Firm

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.

2

Get a Visit From a Lawyer

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.

3

Lawyers Determine Exposure History

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.

4

Possible Deposition

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.

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Most Lawsuits End in Settlement

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

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Secure the Future of Your Family

For many patients, their family’s welfare is a significant concern. The fear of leaving loved ones with a financial burden due to the disease should be the last thing on a patient’s mind.

The funds that patients receive may be used to pay off debt their family may have incurred or invest in their children’s or grandchildren’s future education.

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Your Personal Right

Most companies were aware of the harmful health hazards associated with inhaling or ingesting asbestos. In many circumstances, people are unaware of when or how they were exposed to asbestos.

An attorney will determine what their client was exposed to and which company produced it. Afterward, the lawyer will file all necessary paperwork for the mesothelioma claim. Many patients are the victims of a crime and have every right to be compensated for the negligence of these companies.

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Medical Expenses

Sometimes insurance is not enough to cover the cost of care. Treatment can cost hundreds of thousands of dollars, and few insurance companies cover all the costs.

A patient may also incur other expenses such as traveling, caregiving or other out-of-pocket expenses.

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Recoup Income Losses

While combating the disease, patients may find themselves not able to maintain a steady income. This can result in financial hardships and increased debt.

Victims are entitled to collect lost wages, and their loss is assessed when it comes to determining the value of their claim.

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Find out where you may have been exposed to asbestos

A nation wide list of sites where you or a loved one may have come in contact with asbestos.

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.

Receive the Maximum Compensation

This will help patients pay for any expenses associated with their treatment. It will also provide a future security blanket for loved ones.

Have a Stress-Free Experience

In most cases, victims never set foot in a courtroom. This allows them to spend time focused on healing and combating the disease.

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Save Time Due to Their Knowledge

Their ability to do all the research means they will handle every detail of the claim.

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VA Claims

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.

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$3,057

Average Single Vet Payout Per Month (as of 2019)

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$3,227

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.

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