Written by Retired LCDR Carl Jewett
Mesothelioma is a life-altering disease, one that forms due to asbestos exposure and is a direct result of corporate negligence. Mesothelioma compensation is available for thousands of patients seeking necessary treatment and hoping to secure their family’s future.
How to Get Mesothelioma Compensation
The primary type of mesothelioma 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 receive mesothelioma compensation from a settlement or an asbestos trust fund. 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
Many patients struggle with seeking mesothelioma compensation because they aren’t the type to take legal action against a company or another person. However, mesothelioma patients are victims of corporate negligence and should be compensated.
Good law firms will do all the heavy lifting for mesothelioma patients 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 provide mesothelioma compensation to 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 mesothelioma compensation options available to veterans who are diagnosed with an asbestos illness. The most common are VA Disability Compensation and VA Pension.
Surviving spouses are also eligible for Dependency and Indemnity Compensation if the servicemember has passed away. Additionally, some veterans and their dependents may qualify for Aid & Attendance and Housebound benefits.
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. Seeking mesothelioma compensation shouldn’t be taxing on the patient.
Some people hesitate beginning the legal process and acquiring mesothelioma compensation 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 and seek mesothelioma compensation if you’re unsure of the responsible party.
- If you file out of state, you have to travel to receive mesothelioma compensation.
- 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. Experienced lawyers know all the asbestos exposure locations related to your case.
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 to ensure these victims can receive mesothelioma compensation.
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. They have additional options for mesothelioma compensation. 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 mesothelioma compensation for their mesothelioma diagnosis or other asbestos-related diseases:
Disability Compensation – Veterans with mesothelioma qualify for a 100 percent 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, another form of mesothelioma compensation.
Aid & Attendance and Housebound Benefits – The Aid & Attendance and Housebound benefits are additional forms of compensation, which can be added to your monthly pension if you meet specific requirements. Our veterans page has more information on these forms of compensation.
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.
Last Edited: June 23, 2020.