Compensation of mesothelioma
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Mesothelioma compensation averages $ 1 million to $ 2.4 million. Financial compensation for mesothelioma can come from asbestos trust funds, settlements, or jury verdicts. It typically takes less than a year to receive mesothelioma compensation from trust funds and settlements. It can take years to receive compensation from the trial verdicts.
How Much Compensation Can You Get for Mesothelioma?
Mesothelioma compensation differs for each type of claim. According to a 2016 Mealey litigation report, the average payment for a mesothelioma lawsuit is approximately $ 2.4 million. The average deal ranges from $ 1 million to $ 1.4 million.
If a mesothelioma claim goes to trial, an agreement could be reached or a jury could determine the amount of compensation if the defendant is found guilty of exposure to asbestos. Most cases are resolved before the trial.
Average compensation for a mesothelioma settlement and mesothelioma lawsuit verdict
If a loved one dies of mesothelioma, compensation may be available to family members, spouses or dependents through a manslaughter lawsuit filed in the name of the loved one's estate.
Mesothelioma compensation helps cover medical bills, lost wages, travel expenses, and other losses. It also provides financial security for families when a loved one is no longer able to work.
Other types of financial assistance may also be available. It is important to evaluate all available compensation options to decide what is best for you and your family.
How long will it take to get compensation?
Reaching the verdict of a jury trial and then receiving compensation could take years, but defendants can offer to settle quickly, possibly within several months. The amount of time it takes to receive compensation also depends on the type of claim filed.
Money from asbestos funds can be received within a few months. Deciding whether to sue is an important decision in any situation, especially if you are dealing with the stress of a terminal illness. A mesothelioma attorney can give you the most accurate estimate of how long it may take to receive compensation for your particular case.
Types of Mesothelioma Compensation
Sources of mesothelioma compensation include asbestos trust funds, as well as verdicts or settlements obtained through lawsuits.
Legal claims directed to asbestos trust funds outnumber mesothelioma lawsuits because many asbestos companies have gone bankrupt. This does not necessarily mean that these companies have escaped responsibility.
In bankruptcy proceedings, many asbestos producers were ordered to create trust funds with enough money to compensate future asbestos victims. Most trust funds contain hundreds of millions of dollars and some even billions. A mesothelioma attorney can advise you to file a compensation claim and a trust fund lawsuit, depending on which asbestos products are relevant to your case.
Trust funds for asbestos
If you develop mesothelioma as a result of exposure to an asbestos product manufactured by a bankrupt company, your damage claim can be pursued through the bankrupt company trust fund rather than the court system.
Trust fund requests are generally processed faster than mesothelioma lawsuits because they don't have to be handled by the court system. Applicants typically receive compensation within a couple of months.
Mesothelioma Lawsuits
A mesothelioma personal injury lawsuit is often the best type of claim to file if your family wants compensation for medical bills, lost wages, and other expenses. A mesothelioma attorney can guide you through the process and handle all legal details as you focus on treatment and recovery.
Another option is to file a manslaughter lawsuit when a person dies of mesothelioma. Surviving family members often represent the inheritance when they make this type of claim.
There are two types of mesothelioma lawsuits:
- Personal Injury Claims - These lawsuits are filed by people diagnosed with mesothelioma who seek compensation to cover medical bills, lost wages and other expenses.
- Wrongful Death Claims - These lawsuits are usually brought by the inheritance of a deceased loved one who died of mesothelioma.
If the defendants do not reach an agreement and your case goes to trial, a court or jury will decide your case. If the defendant is found liable, the trial verdict will include monetary compensation. Each case of mesothelioma is unique and there are no established guidelines for compensation.
If you win, the amount owed to you depends on the facts of your case and other factors, such as medical bills and lost wages. According to an industry-leading 2021 report, more than 3,600 mesothelioma lawsuits were filed in the United States in 2020 seeking compensation.
Settlements
A settlement occurs when a defendant offers to pay compensation to a mesothelioma plaintiff in exchange for terminating the lawsuit.
Many mesothelioma lawsuits are resolved before the trial. A qualified asbestos law firm will negotiate arrangements on your behalf and advise you whether to accept compensation or pursue a lawsuit.
Several factors affect whether your mesothelioma lawsuit reaches a settlement. Some defendants decide settling a claim is cheaper than incurring more legal fees and affords certainty of the amount of payment rather than risking a loss at trial, along with an uncertain amount of damages.
Other defendants are willing to risk a trial because they can opt to negotiate a settlement at any point, particularly if the evidence in the case seems to favor the defendant.
Who is eligible for asbestos exposure compensation?
Anyone diagnosed with asbestos-exposed mesothelioma can apply for compensation. An experienced asbestos attorney can help you assess your suitability and the value of your case.
You may also be entitled to compensation if you have lost a loved one to mesothelioma. Close family members, such as spouses and children who have lost a loved one to mesothelioma, may be eligible for compensation through a wrongful death claim. Demonstrating a diagnosis of mesothelioma and proof of asbestos exposure is critical, whether you are filing a complaint as a patient or as a survivor of a loved one.
Can family members qualify for compensation?
Yes, surviving family members who have lost a loved one to mesothelioma may be eligible for mesothelioma compensation. Family members can represent the legacy of a loved one who has died by filing a manslaughter lawsuit or a trust fund request.
A qualified mesothelioma attorney can review your case and advise you on whether you are eligible to file a complaint, as well as what is the best complaint to file based on the circumstances of your case. In some cases, surviving family members may be eligible for compensation through multiple legal options.
How to Claim Mesothelioma Compensation
The most important step is to find a lawyer with the right experience. In particular, it is helpful to select a lawyer with extensive experience in handling mesothelioma lawsuits. They will have the experience necessary to handle your case and maximize the compensation that may be available to you.
The right mesothelioma lawyer will help you understand your options and will not promise you a certain amount of compensation.
- Get a Lawyer - Find out what compensation you may be eligible for by speaking with an experienced mesothelioma lawyer who can help you determine what's best for you and your family.
- Discovery Period: Work with your lawyer to help you uncover the facts regarding your history of asbestos exposure. This process typically focuses on where you've worked and what products you've been exposed to.
- Consider your options - Consider all the compensation options presented by your lawyer, which may include trust funds and legal action.
- Accept or Reject Settlement Offers: If you decide to sue, you may need to consider the defendants' settlement offers. Your lawyer will advise you if you need to resolve your complaint or proceed with the process.
If you decide to accept a settlement offer from a defendant, your attorney will handle the settlement process. Both your attorney and the defense attorney will report the settlement agreement to the court, which will issue a settlement order. The defense will prepare a document called the Release. Once agreed, your lawyer will send it to you for signature and authentication.
Any personal privileges, whether medical (usually health care providers) or government (for example, Medicare, Medicaid, or child support agencies), will need to be paid out of the transaction amount before your attorney can pay the rest of the transaction. Before agreeing on a settlement amount, consider and track all expenses related to mesothelioma diagnosis and treatment. Account for cancer treatment, travel for treatment, help with hiring and payment for complementary therapies.
Transportation can get expensive, as can hiring a home health assistant to help with cooking, housekeeping, yard work, general maintenance, and servicing. Complementary therapies such as massage therapy may not be covered by your health insurance, so it's important to consider these costs as well.
Document your exposure
No one should remember everything about work, health, life and the history of asbestos exposure. There is too much information and the time between exposure and diagnosis is too long.
This is one of the reasons people take legal action instead of workers' compensation claims. In addition, in many cases, the time is often legally up to file a workers compensation claim.
Your attorney will help document your asbestos exposure by asking you about your work history to determine your exposure to asbestos-containing products. They conducted extensive investigations at thousands of job sites to reveal exactly which asbestos products were used and when they were used. They may also conduct further workplace investigations to determine if asbestos has been used. This may include reviewing purchase order history and other historical records.
The Mesothelioma Center
As the nation's most trusted mesothelioma resource, thousands of mesothelioma patients seeking legal and financial information turn to the Mesothelioma Center every year for help.
Exclusive Resources for Mesothelioma Lawyers
The most important action you can take when considering an asbestos claim is to speak to a qualified mesothelioma attorney. They have resources to keep track of your exposure history that other attorneys don't have, and those resources can significantly help your case.
- Product Identification: Books with images of asbestos-containing products and their packaging help former asbestos workers identify the products they have used. Knowledge of exposure to specific products or brands can significantly increase the value of your case.
- Working Papers: Accessible through the federal government with your approval. These documents show that you have worked where asbestos products have been used.
- Eyewitnesses - Lawyers will also try to identify and locate colleagues, friends, or other witnesses who could help confirm your exposure history.
- Experience: Experienced lawyers can compare your case to others they have handled and see how it builds up. Case reports of other claims can be a good indicator of what to expect in your case.
Other types of financial assistance
In addition to compensation from a mesothelioma claim, you can take advantage of other types of financial assistance, such as: military veteran compensation claims, private health insurance, medicare and medicaid, long-term disability insurance, social security disability benefit, and assistance to the community. These programs are designed to help anyone with a serious illness. Some of these programs can provide financial assistance in a few weeks or months, and some programs provide ongoing monthly compensation.
Claims of military veterans
Many people who have served in the US military, particularly those who worked in shipyards, have been exposed to asbestos.
Veterans have the right to make a claim for any illness that has developed as a result of military service. Paperwork can be confusing and complicated. A VA Accredited Claims Agent can help you.
VA Accredited Claims Agents often recommend that veterans file a VA claim at the same time as filing a legal claim. Waiting to submit these requests separately will only slow things down. Compensation received from one complaint will generally not affect the other, which means that you will receive compensation more quickly if you file these complaints at the same time.
Private health insurance
Health insurance can help you offset your expenses. If you already have insurance, check the deductibles and copay amounts you pay out of your own pocket, as well as any coverage limits.
If you receive benefits through your employer's collective health insurance plan and are unable to return to work, your employer will generally stop paying for your health insurance. You can continue your coverage for a limited time, but your premium will generally increase.
Be sure to review your insurance documents, get more information from your insurer, and speak to your HR manager.
Medicare and Medicaid
You may be eligible for Medicare or Medicaid benefits. These government programs offer health benefits to eligible seniors, people with disabilities, and people with limited incomes.
These health insurance options provide coverage for all forms of mesothelioma treatment. Copays in these programs tend to be cheaper than some forms of private insurance. This financial assistance helps families pay for cancer treatment, but generally does not cover 100% of treatment costs.
long-term disability insurance
If you have long-term disability insurance, you may be able to receive a percentage of your salary. This is generally only available if you will be out of work for more than several months. You must submit documentation so that your insurer can determine if you are entitled to the benefits. This includes documentation from your doctor verifying your disability.
It usually takes one to four months to start receiving the benefits. Your policy may also limit how long you can receive benefits. If you don't already have long-term disability coverage when diagnosed, you may not be eligible for a new policy.
Social Security Invalidity Benefit
If you are unable to work due to your illness and are still eligible, you can claim Social Security disability benefits.
You can qualify for a disability determination in a matter of days, but it usually takes several months to apply and start receiving benefits.
Social Security's Compassionate Allowances program allows patients with certain critical illnesses to apply for benefits through an expedited process. Patients with pleural and peritoneal mesothelioma are eligible for this program.
Community assistance
Support may be available in your local community. Some organizations provide grants to help families with the costs of transportation, accommodation, food, and other direct costs that occur during treatment.
There may also be volunteers in your community who can help you with errands, transportation, and other assistance tasks. Contact your local section of the American Cancer Society or another cancer support group for more information.