Mesothelioma claims provide patients with the compensation for their life-altering disease. They 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
Interesting Facts About Mesothelioma Claims
Claims are integral to helping patients receive help. They can cover medical costs and lost wages. Here are other important facts about 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)
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 might be 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, your occupation, and the years and length of time exposed to asbestos. 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 one legal option 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: January 22, 2021.