Mesothelioma claims are legal actions that provide asbestos exposure victims compensation to cover medical and other expenses. Mesothelioma and asbestos claims include lawsuits, asbestos trust fund claims, and benefits claims.
If you or a loved one were diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you might be entitled to substantial compensation. Fill out our form to receive our free Financial Compensation Packet. Our packet is loaded with information on experienced mesothelioma attorneys in your area, how to file a claim for asbestos trust funds, how to get paid in 90 days, and more.
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What Is a Mesothelioma Claim?
A mesothelioma claim is a legal action someone with mesothelioma takes to receive compensation. Mesothelioma is a rare cancer most often caused by asbestos exposure in the workplace.
Because many workers had no idea of the risks of working with or around asbestos, they are now entitled to make claims for compensation if they get sick later.
How Does Asbestos Lead to Mesothelioma Claims?
Asbestos is a mineral that many industries used for decades. It is made up of tiny fibers that easily become airborne, where workers inhale them. Once in the body, asbestos fibers cause damage, leading to cancer and other illnesses.
Not everyone exposed to asbestos needs to make a claim later because not all get sick. Those who do get ill face significant expenses and a shortened life expectancy.
- Asbestos exposure is the leading cause of mesothelioma, a rare but aggressive and deadly cancer.
- Most people who are now suffering from mesothelioma experienced asbestos exposure at work.
- Some of the heaviest use of asbestos occurred at military, shipping, and construction sites.
- Nearly all types of manufacturing and other types of industrial job sites used asbestos.
- The U.S. government placed regulations on the use of asbestos in the 1970s. It also enacted laws to protect workers with safety training.
- Asbestos still lingers in many workplaces and older buildings, potentially causing more harm.
- The symptoms of asbestos illnesses often don’t appear until decades after the exposure.
“My family will forever be grateful to you for your care, compassion, understanding and support during our crisis. Thank you for your words of comfort and encouragement, and for making it possible for us to gather with family and seek help without any worry about work responsibilities. You have such an exemplary and kind heart and we cannot thank you enough for all you did (and continue to do) to help us get through a difficult time.”
Nellie
Who Is Eligible to File Mesothelioma Claims?
You may be entitled to compensation if you or a loved one has been diagnosed with mesothelioma. As a victim of asbestos exposure, you have a legal right to seek compensation and to:
- File a claim against the company that exposed you to asbestos
- Retain the services of an asbestos attorney
- Seek compensation for costs incurred from your exposure to asbestos
You might also be eligible to claim if you lost a loved one to mesothelioma. The estates of people who passed away from asbestos diseases can also take legal action.
Why Should I File a Mesothelioma Claim?
The primary reason victims of asbestos exposure file a claim is to seek compensation. Mesothelioma is an expensive illness. In addition to costly medical care, most patients can no longer work and lose their income.
A successful mesothelioma claim can compensate you and your family. It provides peace of mind. Instead of worrying about money, you can focus on treatment and spending time with family.
For the loved ones of someone who passed away from asbestos exposure, a claim provides a sense of justice. It also provides compensation for all the related expenses.
What Types of Mesothelioma Claims Can I File?
You may be eligible to file several types of claims as a victim of asbestos exposure. Rely on the advice of an experienced mesothelioma law firm or lawyer before deciding how, when, and where to file.
Personal Injury Lawsuit
Companies that made and provided asbestos materials to your workplace are likely liable for the expenses related to getting sick. If you become ill because of asbestos exposure, you can file a personal injury lawsuit to claim compensation. In some cases, it also makes sense to sue a former employer in addition to asbestos manufacturers.
Most personal injury asbestos lawsuits end in settlements, while a few go to trial and end in a jury verdict. Either way, you can claim compensation for the following:
- Past, present, and future medical expenses related to your illness
- Past, present, and future lost wages
- Physical and emotional pain related to your illness
You can claim for as much as you feel is fair, but ultimately what you receive comes down to negotiations or a jury verdict. An asbestos attorney has the experience to maximize damages recovered.
Wrongful Death Claim
If you lost a loved one to asbestos, you can file a wrongful death lawsuit to seek compensation for:
- Medical expenses associated with the illness
- Funeral and burial expenses
- Loss of consortium
- Pecuniary damages, which include loss of financial support to dependents and spouses
- Damages for loss of parental guidance
- Damages for emotional and physical pain
An example of a successful wrongful death lawsuit over asbestos is the family of a man named Gordon Bankhead.
He died from mesothelioma at 68 after asbestos exposure from decades of working on vehicles.
Bankhead’s widow and two daughters won $11 million from his employer Pneumo Abex, which made asbestos brakes.
Asbestos Trust Fund Claims
Some companies liable for asbestos exposure went through bankruptcy because of the costs of lawsuits. As part of the process, most had to create trust funds. They set up these funds to compensate future claimants with asbestos diseases.
Insurance and Disability Claims
Regardless of who caused your exposure, you may be entitled to make benefits claims. For instance, you can claim for medical expenses if you have health insurance.
You may also have disability insurance to help cover lost income. Social Security Disability Insurance provides monthly benefits to people unable to work due to workplace injuries or illnesses.
Veteran Benefits Claims
The U.S. Department of Veterans Affairs (VA) offers benefits to qualifying veterans. If you encountered asbestos during military service and later became ill, you may be eligible for benefits: disability compensation, special monthly compensation, and medical care at VA facilities.
Which Type of Mesothelioma Claim is Right for Me?
This depends on eligibility requirements and your personal preferences. Some people don’t want to file a mesothelioma lawsuit and only file asbestos trust claims. Others want to try for every claim for which they qualify.
A lawyer experienced with asbestos lawsuits is most qualified to help you make this choice. Also, remember that you may be eligible for more than one type of claim.
How Do I File a Mesothelioma Claim?
The process varies depending on the type of claim. The best way to get started is to consult an experienced asbestos attorney.
A mesothelioma lawyer can explain your options and get you started on one or more claims. In general, you’ll follow these steps when filing for mesothelioma compensation:
- Investigations and Evidence. This is just one important reason you need a law firm behind you. They have the resources to track down the source of your asbestos exposure and evidence that it caused your illness.
- Eligibility. With more information, your lawyer can determine which claim types you can file. For instance, if you want VA benefits, you must be able to show that active service caused your exposure and illness.
- Filing the Claim. With evidence in place and a decision on the types of claims, you can file. Your lawyer will file a lawsuit on your behalf, notifying the defendants and beginning the claim.
- Settlement or Trial. If you file a lawsuit, your lawyer will negotiate with the defendants’ legal teams for a fair settlement. If this process fails, they can take your case to trial to seek compensation from a jury award.
- Review of Claims. There is no settlement or trial for a trust fund or benefit claims. Instead, the appropriate agency will review your claim and make a decision.
- Compensation. By the end of the process, you should be awarded compensation. Your lawyer will follow up and make sure you receive it.
Is it Worth Filing a Claim?
The process may seem daunting and overwhelming, but the benefits are well worth the effort with the right lawyer guiding you. Mesothelioma is a costly disease, and getting funds is essential for many victims. Compensation from a claim covers:
- Medical bills
- Future medical and care expenses
- Home healthcare workers
- Lost wages when you can no longer work
- Support for dependents
- Therapy and support for mental health issues
How Much Compensation Can I Get from Mesothelioma Claims?
Mesothelioma claims are worth varying amounts depending on the situation. An asbestos attorney can reasonably estimate what defendants owe you. They cannot make promises or guarantees.
The average amount claimants of asbestos trust funds receive is $180,000. Settlements for personal injury and wrongful death lawsuits average between $1 million and $1.4 million. Jury verdict awards are higher but can also result in no compensation.
How much you may receive depends on many factors: the severity of your illness, the number of defendants, the extent of your asbestos exposure, your medical expenses and expected future costs, lost wages, the number of dependents, and intangible costs like pain and suffering.
How Long Does an Asbestos Claim Take?
The time it takes to resolve a claim depends on the type and complexity. Many people receive compensation within a few months. A lawsuit potentially takes the most time. If it goes to trial, it can take years to resolve.
Is There a Deadline for Filing a Mesothelioma Claim?
You must begin the claims process as soon as possible. Every state sets a statute of limitations for asbestos lawsuits, and you must file within this time limit.
The statute that applies to your case may be the state where you worked. A lawyer who works in your state will determine where and when to file.
- Alabama: 2 years from diagnosis or 2 years from death for wrongful death statute
- Alaska: 2 years from diagnosis or 2 years from death for wrongful death statute
- Arizona: 2 years from diagnosis or 2 years from death for wrongful death statute
- Arkansas: 3 years from diagnosis or 3 years from death for wrongful death statute
- California: 1 year from diagnosis or 1 year from death for wrongful death statute
- Colorado: 2 years from diagnosis or 2 years from death for wrongful death statute
- Connecticut: 3 years from diagnosis or 3 years from death for wrongful death statute
- Delaware: 2 years from diagnosis or 2 years from death for wrongful death statute
- District Of Columbia: 3 years from diagnosis or 1 year from death for wrongful death statute
- Florida: 4 years from diagnosis or 2 years from death for wrongful death statute
- Georgia: 2 years from diagnosis or 2 years from death for wrongful death statute
- Hawaii: 2 years from diagnosis or 2 years from death for wrongful death statute
- Idaho: 2 years from diagnosis or 2 years from death for wrongful death statute
- Illinois: 2 years from diagnosis or 2 years from death for wrongful death statute
- Indiana: 2 years from diagnosis or 2 years from death for wrongful death statute
- Iowa: 2 years from diagnosis or 2 years from death for wrongful death statute
- Kansas: 2 years from diagnosis or 2 years from death for wrongful death statute
- Kentucky: 1 year from diagnosis or 1 year from death for wrongful death statute
- Louisiana: 1 year from diagnosis or 1 year from death for wrongful death statute
- Maine: 6 years from diagnosis or 2 years from death for wrongful death statute
- Maryland: 3 years from diagnosis or 3 years from death for wrongful death statute
- Massachusetts: 3 years from diagnosis or 3 years from death for wrongful death statute
- Michigan: 3 years from diagnosis or 3 years from death for wrongful death statute
- Minnesota: 4 years from diagnosis or 3 years from death for wrongful death statute
- Mississippi: 3 years from diagnosis or 3 years from death for wrongful death statute
- Missouri: 5 years from diagnosis or 3 years from death for wrongful death statute
- Montana: 3 years from diagnosis or 3 years from death for wrongful death statute
- Nebraska: 4 years from diagnosis or 2 years from death for wrongful death statute
- Nevada: 2 years from diagnosis or 2 years from death for wrongful death statute
- New Hampshire: 3 years from diagnosis or 3 years from death for wrongful death statute
- New Jersey: 2 years from diagnosis or 2 years from death for wrongful death statute
- New Mexico: 3 years from diagnosis or 3 years from death for wrongful death statute
- New York: 3 years from diagnosis or 2 years from death for wrongful death statute
- North Carolina: 3 years from diagnosis or 2 years from death for wrongful death statute
- North Dakota: 6 years from diagnosis or 2 years from death for wrongful death statute
- Ohio: 2 years from diagnosis or 2 years from death for wrongful death statute
- Oklahoma: 2 years from diagnosis or 2 years from death for wrongful death statute
- Oregon: 3 years from diagnosis or 3 years from death for wrongful death statute
- Pennsylvania: 2 years from diagnosis or 2 years from death for wrongful death statute
- Rhode Island: 3 years from diagnosis or 3 years from death for wrongful death statute
- South Carolina: 3 years from diagnosis or 3 years from death for wrongful death statute
- South Dakota: 3 years from diagnosis or 3 years from death for wrongful death statute
- Tennessee: 1 year from diagnosis or 1 year from death for wrongful death statute
- Texas: 2 years from diagnosis or 2 years from death for wrongful death statute
- Utah: 3 years from diagnosis or 2 years from death for wrongful death statute
- Vermont: 3 years from diagnosis or 2 years from death for wrongful death statute
- Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
- Washington: 3 years from diagnosis or 3 years from death for wrongful death statute
- West Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
- Wisconsin: 3 years from diagnosis or 3 years from death for wrongful death statute
- Wyoming: 4 years from diagnosis or 3 years from death for wrongful death statute
FAQs about Asbestos and Mesothelioma Claims
1. Do I need a mesothelioma lawyer to file a claim?
You do not have to hire a lawyer, but it is strongly recommended. Lawsuits are complex and require expert knowledge for the best outcome. The defendants have powerful legal teams that will fight to deny you compensation.
2. Can family members file claims on behalf of living mesothelioma patients?
Yes, family members can file claims on behalf of the mesothelioma victim if they are very sick. Family members may also be eligible for damages, including compensation, in the event of wrongful death.
3. Who pays the compensation if I win?
The manufacturer or business responsible for asbestos exposure pays the claim. This may be one or more companies.
Many companies have been held liable for asbestos exposure. These include asbestos suppliers, asbestos manufacturers, mining companies, and many companies that supplied, used, or repaired products with asbestos.
4. How can a lawyer prove I was exposed to asbestos decades ago?
Asbestos lawyers have experience investigating companies and asbestos use, even from decades ago. They understand the process of finding information on asbestos exposure regardless of how much time has elapsed.
5. How much compensation am I entitled to?
There is no specific formula for the amount of compensation any individual will get, but companies have already paid billions. There are variables to consider, such as your health and how long you’ve been sick.
6. What is the average payout for mesothelioma claims?
In mesothelioma cases, the average settlement amount is between $1 and $1.4 million. Asbestos trust fund claims are usually less, while verdicts in jury trials are often much more.
7. I was exposed to asbestos, but I have not been diagnosed with an asbestos-related disease. Do I have any legal options?
Laws for filing an asbestos-related lawsuit vary according to state. While some states allow people to file at any time, others require that victims be diagnosed with an asbestos-related disease first.
The best option is to consult an experienced mesothelioma lawyer in your state. In the meantime, talk to your doctor about your exposure and getting screened for cancer and lung diseases.
8. How long does an asbestos lawsuit take to reach a conclusion?
The amount of time it takes depends on individual factors. However, some lawsuits have been settled within a few months, while others have taken a few years.
9. Can I file for punitive damages in a wrongful death claim?
Some states may allow you to file for punitive damages, but most states do not. Your lawyer will help you understand what you can and cannot recover.
10. Can I file a wrongful death claim even if my spouse didn’t start a personal injury claim before they died?
Most states allow spouses and dependents to file a wrongful death claim even if the victim never started a personal injury claim. Remember, however, that you’ll need to refer to your state’s statute of limitations associated with wrongful death cases.
Getting Help with Your Claim
Remember to fill out our form to get your free Financial Compensation Packet, with information on experienced asbestos and mesothelioma lawyers in your area. For additional assistance, contact us at 800-793-4540.
