Mesothelioma is a life-altering disease, one that forms due to asbestos exposure and is a direct result of corporate negligence. Compensation is available for thousands of mesothelioma patients seeking necessary treatment and hoping to secure their family’s future.
Written by Retired LCDR Carl Jewett
Fact Checked by Troy Walton
How to Get Mesothelioma Compensation
The primary type of compensation comes from taking legal action against an asbestos manufacturing company that is responsible for a patient’s past asbestos exposure. In most cases, victims of mesothelioma receive compensation from a settlement or an asbestos trust fund. We can help determine which applies to your case.
There are also secondary avenues patients can take to receive mesothelioma compensation, such as veteran-specific benefits issued by the VA. Learn more about the types of mesothelioma compensation from our Legal Support team.
Types of Compensation for Mesothelioma
Many patients struggle with filing a legal claim because they aren’t the type to take legal action against a company or another person. However, they are victims of corporate negligence and should be compensated.
Good law firms will do all the heavy lifting for their clients by traveling to them and discovering all the sources of their exposure.
Many companies that used asbestos in the past have filed for bankruptcy. Trust funds compensate patients with asbestos-related diseases who filed claims after the company filed for bankruptcy.
There once was a combined $30 billion in all asbestos trust funds. While that amount fluctuates, there are still tens of billions of dollars in asbestos trust funds available to mesothelioma patients and their families.
Veterans are the largest group of mesothelioma patients. There are several types of compensation available to veterans with an asbestos illness. The most common are VA Disability Compensation and VA Pension.
Busting Myths About Legal Options
Filing a claim can seem like a stressful, lengthy process. This is why reputable mesothelioma attorneys handle the majority of claims themselves and let the patients focus on their health care.
Some people hesitate beginning the legal process due to common misconceptions, such as:
- Hiring a mesothelioma attorney is expensive.
- A legal claim takes up a lot of personal time and resources.
- You can’t take legal action if you’re unsure of the responsible party.
- If you file out of state, you have to travel.
- Claims are filed against the government or military if your condition is related to military service.
Each of these statements is untrue. The top mesothelioma law firms protect their patients from out-of-pocket expenses and lengthy legal procedures.
What to Expect From an Experienced Law Firm
Most patients don’t know all of the asbestos products they were exposed to, let alone the companies that manufactured them. Attorneys can determine which products patients were exposed to and which companies are responsible.
While pursuing treatment, the last thing a patient needs is to be burdened with more expenses. Fortunately, mesothelioma attorneys work on a contingency basis, meaning they only get paid a percentage of the amount recovered from the claim. Therefore, patients won’t pay any out-of-pocket legal fees regardless of their case’s outcome.
In regards to a legal claim, travel is of no concern for patients. Attorneys from top law firms will travel to a patient’s home to collect all necessary information. Patients should consider choosing an experienced national law firm that will travel to them.
Many veterans feel hesitant to file claims because they don’t wish to do so against their own branch of the military. Claims are not filed against the government or armed forces. They are filed against the negligent companies who supplied the military with asbestos-inclusive products.
Asbestos Trust Funds
Many manufacturing companies that used asbestos in their products declared bankruptcy after a flood of mesothelioma claims wiped them out. Realizing that thousands more individuals could develop mesothelioma, Congress amended the bankruptcy code in 1994.
Doing so allowed liable companies to set up trust funds for people who had been exposed to their products without protection. Trust funds ensure that those harmed can receive mesothelioma compensation even if the liable company went bankrupt.
The approval process for a trust fund claim is much faster than filing a suit against a company. Some attorneys even sit on the boards of these trusts to manage funds, distribute compensation and assist those affected by asbestos.
Filing a trust fund claim requires providing detailed information regarding the victim’s diagnosis and evidence of their exposure to asbestos products. An experienced attorney can help patients outline their exposure history and begin the process of accessing their fair share of funds. Get access to asbestos trust funds now.
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
Mesothelioma Compensation for Veterans
Veterans make up around one-third of the roughly 3,000 new mesothelioma cases diagnosed annually in the country. The high rate of mesothelioma among veterans is due to the overabundance of asbestos use in the military. Veterans can file claims with the VA as well as with the regular court system, and they also have access to asbestos trust funds.
Here are three ways veterans can get financial compensation for their mesothelioma diagnosis or other asbestos-related diseases:
Disability Compensation – Veterans with mesothelioma qualify for a 100% disability rating. Disability compensation for unmarried veterans starts at $3,057 per month.
Dependency and Indemnity – The VA recognizes that family members are affected by a mesothelioma diagnosis, too, with payouts to surviving spouses starting at $1,319 per month.
Pensions – Wartime veterans with limited income may be eligible for a VA pension.
Get Help Filing a Claim
Veterans may have some misconceptions about VA claims. Sure, filing a claim can be a lengthy, complicated process — but only if you do it on your own. Getting experienced help ensures you receive all the benefits to which you’re entitled. The benefits include:
- Free help filing a claim
- Ensuring you get the maximum mesothelioma compensation
- Reducing the stress of filing alone
Mesothelioma Guide’s VA-accredited claims agent can help for free. A retired LCDR of the U.S. Navy, Carl Jewett has helped hundreds of veterans receive full mesothelioma compensation. Connect with LCDR Jewett for help filing a claim.
Common Questions About Mesothelioma Compensation
What are my options for getting mesothelioma compensation?
Your options for receiving compensation include making an asbestos trust funds claim, filing a lawsuit and submitting a VA claim. Before making any decisions, we recommend you speak with a legal expert for insight into which option is best for your specific claim.
How much compensation should I expect in my mesothelioma claim?
Your compensation amount depends on numerous factors. Filing a mesothelioma lawsuit usually leads to a higher payment, but it also takes longer and has more risk.
What is the first step in getting mesothelioma compensation?
Your first step should be talking to a national, experienced asbestos attorney. Look for one by searching for the top mesothelioma law firms.
Who can get mesothelioma compensation?
The victim of a mesothelioma diagnosis is the primary beneficiary and is eligible for compensation. If that person has passed away, then their immediate surviving family members may be qualified for financial help.
Can veterans get mesothelioma compensation?
Veterans can file asbestos trust fund claims and lawsuits, in addition to receiving monthly VA disability and pension claims.
Last Edited: September 21, 2020.