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Mesothelioma Guide
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Mesothelioma Compensation
» Mesothelioma Claims

Written By: Retired LCDR Carl Jewett

Mesothelioma Claims

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.

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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.

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Legal Claims

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.

Types of Legal Claims

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Asbestos Trust Fund Claims

Many asbestos producers have filed for bankruptcy. Some did because asbestos use dropped sharply in the second half of the 20th century. This is 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 lawsuits.

Bankruptcy courts forced companies to create asbestos trust funds. They ensure that asbestos manufacturers cannot avoid their legal and ethical responsibility to compensate those affected. These funds allow future victims to quickly file claims and receive money.

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Mesothelioma Lawsuits

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

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
  • File the claims within the statute of limitations associated with the applicable state

There may be multiple states relevant to the case. This depends on where the exposure occurred, where the plaintiff lives and other factors.

Most mesothelioma 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

Many people die from mesothelioma before getting compensated. In these cases, the family may hire an attorney to file a wrongful death lawsuit on behalf of the deceased’s estate. This depends on the statute of limitations not expiring.

Sometimes 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 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. 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 claims against. The most experienced law firms have researched asbestos products for many years. They possess a detailed database of asbestos producers and workplaces.

4

Possible Deposition

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.

5

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 are settled before the trial date.

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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

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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 financial issues should be the last thing on a patient’s mind.

Filing a claim can help pay off debt or invest in their children’s or grandchildren’s future education.

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Your Personal Right

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

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

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Medical and Travel 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 it entirely.

A patient may also incur other expenses such as traveling and caregiving.

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Recoup Income Losses

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

Victims are entitled to collect lost wages, which is assessed when 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 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.

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Receive the Maximum Compensation

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

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Have a Stress-Free Experience

In most cases, victims never set foot in a courtroom. This allows them to spend time focused on fighting their cancer.

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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 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
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$3,146

Average Single Vet Payout Per Month (as of 2021)

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$3,321

Average Married Vet Payout Per Month (as of 2021)

Frequently Asked Questions About Mesothelioma Claims

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How do I file a mesothelioma claim?

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Whom do I file a mesothelioma claim against?

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How much does a mesothelioma claim pay?

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What are the different types of mesothelioma claims?

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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.

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Can loved ones of a mesothelioma patient file a claim?

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What is the statute of limitations on mesothelioma claims?

Sources & Author

    1. 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.
    2. 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.
    3. 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.
    4. 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.
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About the Writer, Retired LCDR Carl Jewett, VA Claims Agent

LCDR Carl Jewett is a retired Naval Officer who serves as the Veterans Department Director and Patient Services Director at Mesothelioma Guide. He is a VA-Accredited Claims Agent with more than 14 years of experience filing asbestos-related VA claims. He has helped over 1400 veterans who have been diagnosed with asbestos-related illnesses get approved for VA Disability Compensation, VA Pension, and/or Aid & Attendance benefits. Because veteran’s are also entitled to compensation through the legal system, Carl has communicated with many mesothelioma law firms across the country. He has gained extensive knowledge of asbestos trust funds, mesothelioma lawsuits, settlements, and the claims process. He provides both veterans and civilians with information regarding their legal options.

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