Looking for Mesothelioma Compensation?
How can you get compensation for mesothelioma?
What are the essential elements you should know!
In this article, I will break down the notion of Mesothelioma Compensation so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
Let’s go over “mesothelioma compensation” and see how it works!
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Mesothelioma Compensation Overview
If you or a loved one have been diagnosed with mesothelioma, it may be possible to recover legal compensation for damages suffered to the extent you can prove that the damages were caused by the negligence or fault of another.
Mesothelioma compensation (or asbestos compensation) can range from very little to figures in the hundreds of millions of dollars.
The actual amount that a mesothelioma victim may recover will largely depend on the circumstances of the case, the applicable law, and other factors that a court or jury will evaluate.
What It Covers
Mesothelioma financial compensation helps cover various types of damages, such as:
- Travel costs
- Treatment expenses
- Lost wages
- Loss of income
- Treatment and surgery costs
- Travel to and from a hospital
- Physical suffering
- End of life care
- Litigation costs
As you can see, a mesothelioma lawsuit or mesothelioma compensation fund can possibly compensate you for different types of damages suffered.
Who Is Eligible
Anyone diagnosed with mesothelioma by being exposed to asbestos may be eligible to file a mesothelioma claim or go to court seeking legal remedy.
It’s important to consult with an experienced mesothelioma attorney to ensure that you are eligible to file an asbestosis compensation claim or be eligible to get lung cancer asbestos compensation.
The estate of a family having lost a loved one to mesothelioma developed due to asbestos exposure may also be eligible to file a wrongful death claim and get compensated for their loss.
What To Prove
To win a mesothelioma lawsuit or successfully get compensation for damages, it’s important to prove the following key elements:
- The victim was diagnosed with mesothelioma
- The victim was exposed to asbestos
Where The Compensation Comes From
Typically, asbestos exposure compensation for the victim or mesothelioma compensation for family members will come from a settlement, jury verdict, or an asbestos trust fund.
A settlement is when a claim is filed against a defendant and the defendant or the defendant’s insurance company agrees to pay a certain amount of money to settle the claim.
A jury verdict is when a matter goes to trial and the jury determines the amount for the asbestosis compensation or mesothelioma compensation amounts.
Finally, asbestos trust funds are funds established to provide financial help to victims of mesothelioma, asbestos lung cancer, and similar types of illnesses.
How Long It Takes
The amount of time you need to wait before getting an asbestos exposure compensation may vary depending on your case.
If you are getting payment from an asbestos trust fund, you may get a settlement within several months.
Alternatively, if you file a claim or mesothelioma lawsuit against an at-fault party, it may take years before compensation is paid.
If the mesothelioma case is settled out of court, then the compensation for asbestos exposure and mesothelioma can come sooner.
However, if the matter goes to trial, the compensation may only come after a verdict is issued (to the extent the verdict is not appealed).
What is the average asbestos compensation amounts a victim can aspire to?
Statistically, the average mesothelioma compensation ranges from $1 million to $2.4 million (depending on the case of course).
Keep in mind that unfortunately some victims may lose a claim and get nothing while others get more.
Here are some mesothelioma compensation amounts that can give you a good perspective:
- Average mesothelioma lawsuit verdict: $2.4 million
- Average mesothelioma settlement: $1 to $1.4 million
- Average asbestos trust fund payment: $125,000
There are many factors that may influence the total amount of compensation that you may receive for mesothelioma, such as:
- The type of mesothelioma claim filed
- Where the claim is filed
- The strength of your case and evidence
- The nature of the asbestos exposure
- The severity of your illness
- The damages suffered
- Your age and gender
To get a more accurate perspective of your mesothelioma compensation value, you should consult with a mesothelioma lawyer or law firm specializing in such matters.
Types of Mesothelioma Compensation
There are various ways you may be entitled to receive compensation for mesothelioma.
The three main sources for victims to receive compensation further to mesothelioma compensation claims are the following:
- Asbestos trust fund
- Mesothelioma lawsuits
- Claim settlement
- VA compensation
- Social Security disability
Let’s look at each of these sources of compensation.
Asbestos Trust Fund
An asbestos trust fund is a fund that is generally set up when a company at fault of producing products containing asbestos or at fault of exposing victims to asbestos goes bankrupt.
When the company goes bankrupt, the asbestos manufacturer or company will be legally ordered to set up a fund to compensate the victims or family members of victims who may have developed mesothelioma.
As such, if the company that you intend to sue has gone bankrupt but where an asbestos trust fund exists, you can file your claim directly against the fund (and won’t have to go through the court system).
If your claim is eligible, you will then receive some compensation within a few months from the filing of your claim.
Another avenue for a person having developed mesothelioma or related lung cancer is by filing a lawsuit against the company, manufacturer, employer, or the at-fault party.
A mesothelioma lawsuit the victim to claim compensatory damages from the defendant responsible for the mesothelioma cancer or the death of the victim.
A personal injury lawsuit is filed if the mesothelioma victim is alive and seeks compensation directly.
However, in unfortunate instances when the victim passes away, his or her family can file a wrongful death lawsuit claiming the damages that the victim would have been entitled to claim if he or she was still alive along with funeral and other costs.
In 2020, statistics show that there were 3,600 mesothelioma lawsuits filed in the United States.
A person may receive asbestos lung cancer compensation or some form of mesothelioma compensation through a negotiated settlement after a mesothelioma claim or lawsuit was filed.
A settlement refers to the amount of money a person is offered to settle a mesothelioma lawsuit.
The settlement can be paid directly by the defendant or the defendant’s insurance carrier depending on the case.
It’s important to have qualified legal representation in the context of settlement negotiations to ensure that your rights are well protected and that you get fair compensation.
If the mesothelioma victim served in the U.S. armed forces, he or she may have the right to file a VA claim to get compensation for damages.
Veterans are unable to file a lawsuit against the U.S. Military to seek compensation if they were exposed to asbestos and contracted mesothelioma.
As a result, they may be eligible to get compensation as part of their VA benefits.
For example, a veteran may have served on a shipyard where asbestos was used and thus the exposure to asbestos led to the development of lung cancer.
Social Security Disability
If your medical condition prevents you from working and earning an income, you may be eligible to file for Social Security Disability benefits.
The process starts with the filing of an application following which the Social Security Administration will review the matter and make a decision.
In some cases, when the illness is serious, the SSA applicant can ask for the benefits to be paid in an expedited fashion.
For example, pleural and peritoneal mesothelioma patients may be eligible under the fast-track application process.
It’s best to consult with a disability lawyer for more details.
Filing A Mesothelioma Compensation Claim
How do you file a claim for mesothelioma?
Asbestosis compensation claims, mesothelioma financial compensation claims, and how it should be done require that you consult with an experienced attorney so you get the exact information for your specific case.
In general, here are the steps required to be followed to get compensated for mesothelioma:
- Step 1: find yourself the best mesothelioma attorney you can find
- Step 2: work with your attorney to determine if you are eligible to file a claim for compensation
- Step 3: gather all the evidence and medical reports needed to file a strong claim
- Step 4: have your attorney prepare your claim or lawsuit petition
- Step 5: settle the case out of court and cash your settlement check
- Step 6: if you can’t settle, go to trial, get a jury verdict, and execute your judgment
As part of the process for you to file a successful claim, you need to ensure you have complete and solid legal documentation to prove that you were diagnosed with mesothelioma and that it was due to your asbestos exposure.
Gathering the evidence of the mesothelioma diagnosis may not be that difficult as the documents may be recent and in your possession.
However, gathering evidence of historical asbestos exposure may not be easy as it may relate to a long time ago and for periods that you no longer have any documentation in your possession.
That’s when a good mesothelioma lawyer can help you in reconstructing your asbestos exposure history in the best possible way.
Proof of Damages
Once you have proven the validity of your claim, the next step is to prove your damages.
It’s important to keep all your medical bills, surgery costs, rehabilitation expenses, medical device costs, lost wages, transportation costs, or any other types of financial damage you suffered.
In addition to the financial damages, depending on the applicable laws, you may also be able to recover noneconomic damages representing a sum of money to compensate you or your family for stress, anxiety, loss of enjoyment of life, loss of companionship, or other types of losses.
Compensation Mesothelioma Takeaways
So there you have it folks!
How much compensation do you get for mesothelioma?
What is the average settlement for mesothelioma victims?
If you or a loved one has been diagnosed with mesothelioma you may be entitled to compensation!
It’s important to speak to an experienced mesothelioma attorney to get a better sense of the nature of your case, how much in damages your case is worth, and how asbestos compensation claims are filed.
There are various ways you can get financial compensation for mesothelioma, namely:
- Through an asbestos trust fund
- By filing a lawsuit and settling the matter out of court
- By obtaining a settlement from an insurance company
- By getting a jury verdict
Depending on the nature of your case, you may be eligible to file a claim and recover your financial losses such as medical expenses, surgery costs, medical device costs, terminal care costs, funeral costs, and so on.
To maximize your chances of getting compensated, it’s best that you speak to a mesothelioma attorney so you can properly prove your diagnosis, asbestos history, the at-fault party’s liability, and your damages.
I hope this article helped you better understand how meso compensation works and what you need to know about it!
Let’s look at a summary of our findings.
Compensation For Mesothelioma Overview
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