Troy E. Walton
Personal Injury Attorney
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Important Facts About Mesothelioma Compensation
- Asbestos companies knew asbestos was dangerous but continued to use it due to its low cost.
- Mesothelioma compensation options include lawsuits, asbestos trust funds, and VA benefits.
- Top mesothelioma lawyers do not require any out-of-pocket expenses from patients or their families.
- There is no charge or fee for veterans filing for VA benefits.
How to Get Mesothelioma Compensation
Most mesothelioma patients are eligible for compensation through the legal system. This is accomplished by filing a complaint against the asbestos manufacturing companies responsible for your asbestos exposure. Victims of mesothelioma receive compensation from asbestos trust funds created by bankrupt asbestos companies and from legal settlements from viable (non-bankrupt) asbestos companies.
Additional compensation is available to veterans and their surviving dependents through the Department of Veterans Affairs. You can learn more about the types of VA compensation by visiting our veterans page.
Our Patient Advocates are available to assist you in determining which method of compensation you are eligible for.
Each mesothelioma case is unique, but the general process for receiving compensation is mostly the same. There are several steps to each process.
Hire a mesothelioma law firm with experience in cases of your type of exposure (military, construction, factory work, etc.).
Compile evidence showing how you were exposed to asbestos. This is the most important aspect to receiving compensation. Providing proof of your exposure is the main job of the lawyer you hire as they have expert investigators to determine how you were exposed.
Sign affidavits regarding your exposures to asbestos. These will primarily be based on the research your law firm’s investigators have conducted.
File court documents for any lawsuits you will be filing. Your mesothelioma lawyer handles all paperwork filings with the courts.
Give a deposition. This provides a taped account of how you were exposed, what you were exposed to and to what extent. Note: If you do not have a claim against any viable asbestos companies, then there will be no lawsuits to file. You are likely eligible to receive compensation through an asbestos trust fund, which does not require a deposition.
File the appropriate paperwork with the asbestos trust funds. This is also handled by your mesothelioma attorney.
Find a VA Claims Agent to help you file your VA claim. Our VA Claims Agent specializes in filing VA claims related to asbestos diseases, and there is no charge for assistance.
Determine the type of compensation for which you qualify. Veterans with service-connected mesothelioma can file for VA Disability Compensation. Wartime veterans with non-service-connected mesothelioma may qualify for VA Pension. Surviving spouses and dependents of veterans who died from mesothelioma may also qualify for VA Dependency & Indemnity Compensation (DIC) or Survivor Pension. Your VA Claims Agent can help you determine the benefit for which you are eligible.
Compile evidence showing you were exposed to more asbestos in the military than in your civilian career. Your VA Claims Agent can help you to identify your exposures to asbestos and craft an Asbestos Exposure Letter for the VA. This is crucial in getting a claim for VA Disability Compensation or DIC approved but is not required for VA Pension claims.
File the appropriate claim forms and supporting documentation. Your VA Claims Agent can ensure you have all the necessary forms and supporting documentation for your VA claim and can file your claim for you.
Learn More About Types of Compensation for Mesothelioma
Many mesothelioma patients are reluctant to file a legal claim because they are not the type to file lawsuits. However, your mesothelioma resulted from the negligence of greedy corporations. As such, you have the right to hold these negligent corporations accountable.
Good law firms specializing in helping mesothelioma victims will travel to the patient’s home and evaluate their work histories, which will help determine possible avenues of exposure. Therefore, you will never be inconvenienced with traveling to meet with anyone from your law firm.
Many companies responsible for manufacturing asbestos containing products have filed for bankruptcy. Asbestos trust funds help compensate victims diagnosed with an asbestos-related disease, such as mesothelioma.
There is approximately $30 billion set aside in over 70 asbestos trust funds. The amount will fluctuate, but trustees of these various trusts ensure the trusts remain solvent to protect current and future victims of asbestos-related diseases.
Veterans make up a very large percentage of mesothelioma patients. This is mainly due to the vast quantities of asbestos-containing products used by the military. There are several types of compensation available to veterans diagnosed with an asbestos illness. The most common benefits 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 it is very important to find an experienced mesothelioma law firm to handle your claims.
Some people hesitate in starting the legal process due to common misconceptions:
- 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.
- Legal claims must be filed against the government if your condition is related to military service.
Each is untrue. The top mesothelioma law firms protect their clients from out-of-pocket expenses and lengthy legal procedures.
What to Expect From an Experienced Law Firm
Most patients do not know what asbestos products they were exposed to. Experienced mesothelioma attorneys help determine the types of asbestos products a patient used and the companies responsible for making the specific products.
While pursuing treatment, the last thing a patient needs to worry about is more expenses. Fortunately, mesothelioma attorneys work on a contingency basis where they only receive a percentage of the funds they secure for their client. This means the lawyer must be successful in recovering money for the client in order for the firm to receive a fee.
Travel should never be a concern for a mesothelioma patient. Attorneys from top mesothelioma law firms will travel to a patient’s home to collect all necessary information.
Legal claims are filed against the asbestos product manufacturers who sold their deadly products to the military. Many companies had contracts with the government to supply asbestos containing products. These companies are ultimately responsible because they were aware of the dangers of their products but did not disclose the dangers to their customers or the government.
Asbestos Trust Funds
Many companies who sold asbestos-containing products declared bankruptcy due to the high number of claims filed against them. Most of these bankruptcy filings involve Chapter 11 of the Bankruptcy code, allowing these companies to reorganize.
The courts required liable asbestos companies to set up asbestos trust funds for victims exposed to their asbestos products. Trust funds ensure those harmed can still receive compensation from the responsible parties.
The approval process for a trust fund claim is much faster than filing a lawsuit. Victims can often start receiving trust fund payments as early as three months from the time they hire a mesothelioma law firm.
Filing an asbestos trust fund claim requires providing evidence of exposure to a particular company’s asbestos products. An experienced mesothelioma attorney will help patients determine their exposure history and access their fair share of these funds. Get access to asbestos trust funds now.
Mesothelioma Compensation for Veterans
Veterans make up approximately one-third of the roughly 3,000 mesothelioma cases diagnosed in the country each year. The high rate of mesothelioma among veterans is due to the abundance of asbestos used in the military until the 1980s. Veterans can file claims with the VA as well as legal claims through the legal system. They also have access to asbestos trust funds.
Here are three ways veterans can get VA compensation for their mesothelioma diagnosis or other asbestos-related diseases:
Disability Compensation – Veterans with service-related mesothelioma qualify for a 100% VA disability rating. Disability compensation for unmarried veterans starts at $3,621 per month.
Pensions – Wartime veterans with limited income may be eligible for a VA pension.
Get Help Filing a Claim
Veterans tend to have some misconceptions about VA claims. Filing a claim can be a lengthy, complicated process — but only if you do it on your own. Getting experienced help ensures you receive benefits including:
- Free help filing a claim
- Ensuring you submit a complete claim
- Expediting your claim
- Reducing the stress of filing
Mesothelioma Guide’s VA-accredited claims agent will provide free assistance to veterans needing help filing a VA claim. Retired Navy LCDR Carl Jewett has helped hundreds of veterans receive full mesothelioma compensation from the VA. Connect with LCDR Jewett for help filing a claim.
Frequently Asked Questions About Mesothelioma Compensation
What Is the Average Compensation for a Mesothelioma Legal Claim??
The average compensation for a mesothelioma legal claim is between $1 million and $1.4 million. However, your compensation may be higher or lower. Each claim is unique, and you should connect with one of the top mesothelioma law firms to learn how much you might receive.
Who Is Eligible for Mesothelioma Compensation??
Mesothelioma compensation is available for patients diagnosed with mesothelioma. The first step is determining how your exposure to asbestos occurred and which companies are responsible. If a patient has passed away, then their immediate surviving family members can make legal claims on behalf of their loved one.
As a Veteran, What Are My Options for Mesothelioma Compensation?
Veterans seeking compensation for a mesothelioma diagnosis can file for monthly compensation from the Department of Veterans Affairs (VA). This compensation comes from filing for either Disability Compensation or Pension. In addition to VA claims, veterans can get legal compensation through asbestos trust funds and lawsuits.
As a Veteran, Do I File a VA Claim for My Military Exposure and Hire a Mesothelioma Lawyer for My Civilian Exposure?
No. As a veteran, you can always hire a mesothelioma attorney regardless of where your exposure occurred. A veteran-friendly mesothelioma law firm will investigate all your exposures, whether it occurred in the military, your civilian employment or at home. Therefore, you should hire a firm with experience in filing claims for people exposed in their civilian life, as well as those exposed in the military. You can also file a VA Disability Compensation claim if most of your exposure occurred in the military. Regardless of where most of your exposure occurred, you should still hire a mesothelioma law firm that can also o file with the companies responsible for your exposure in the military.
Sources & Author
- Asbestos and the Future of Mass Torts. National Bureau of Economic Research. Retrieved from: https://www.nber.org/papers/w10308#:~:text=The%20paper%20contrasts%20asbestos%20litigation,torts%20larger%20and%20more%20expensive Accessed: 04/06/23.
- Veterans asbestos exposure. U.S. Department of Veteran Affairs. Retrieved from: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/ Accessed: 04/06/23.
- 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.
- 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.