Compensation and Trust Fund Lawsuit

A Mesothelioma Lawyer Can Help You File a Compensation and Trust Fund Lawsuit

Most people first know mesothelioma through a mesothelioma commercial. Mesothelioma is an aggressive and rare cancer caused by asbestos exposure. Patients diagnosed with mesothelioma can seek financial compensation for their pain and suffering, medical expenses, lost income, travel, and other costs expenses associated with a mesothelioma diagnosis. Mesothelioma compensation can vary depending on the aspects of your case.

There are various kinds of compensation available. Victims may get money from veterans’ benefits, settlements, lawsuits, and trust funds. Mesothelioma lawyers can help individuals determine the best recovery option for your case.

mesothelioma-compensationTypes of Compensation

Mesothelioma patients may receive 4 kinds of compensation. Not all patients, however, qualify for all compensation options. Your mesothelioma lawyer can determine the best option for you.

  • Mesothelioma Trust Fund

Asbestos was used often from the 1940s to the 1960s, but regulations and laws were implemented in the early 1970s when its dangers became known. Many asbestos companies that sold, used, manufactured, or distributed asbestos materials and products have either been restructured gone out of business or merged with other companies because of bankruptcy. This happened due to the compensation claims filed against these companies for injuries linked to asbestos.

It’s still possible to get compensation from the company even if they’re no longer in business. These companies need to provide asbestos bankruptcy trust funds to pay out claims. Mesothelioma victims, however, have to meet certain criteria to qualify for compensation. A mesothelioma lawyer can help determine their eligibility.

  • Settlements

Mesothelioma lawsuit settlement amounts differ. Some may get a small amount, while others may get up to millions of dollars.  The average mesothelioma settlement amounts depend on various factors, including the past, current, and future medical costs of the victim. The more extensive and longer the treatment, the more compensation they will get. Patients with mesothelioma have to spend on medications, chemotherapy, rehabilitation, physical therapy, surgery, radiation, and alternative treatments.

Other expenses include lost wages and cost of traveling to treatment facilities such as food, gas mileage, and hotel fees. You should keep the documentation and receipts of all expenses associated with the treatment. Your employer also plays a role in the amount you might get. Some companies readily allowed employees to continue to suffer from asbestos exposure even after laws prohibiting the use of asbestos were implemented. In such instances, victims may receive higher compensation than those who were exposed to asbestos before laws were implemented.

If the victim or a family member files a claim against an asbestos company for wrongful death or personal injury, a settlement can happen. Companies usually offer a settlement before the case reaches trial to avoid the risk of paying out more financial compensation if the judge or jury finds them guilty. The victim or family member can decide whether or not to accept the settlement amount. An experienced mesothelioma lawyer can provide insight into the benefits and downsides of accepting the settlement.

  • Veteran Benefits

Retired military personnel, especially those who served in the U.S. Army Transport Service, Coast Guard, Navy, and Merchant Marine were also exposed to asbestos due to the use of asbestos on naval vessels and warships. This is why the U.S. Department of Veterans Affairs has designated mesothelioma as among the diseases that are eligible for disability benefits. To qualify for this kind of claim, veterans have to meet several criteria, including the ability to show that their exposure to asbestos during their time of service and being discharged under situations other than dishonorable circumstances. Veterans may also qualify for monetary assistance through free health benefits provided to veterans who have service-related disabilities such as malignant mesothelioma.

How to Qualify for Compensation

Victims often doubt their eligibility if they don’t know when or how their exposure to asbestos occurred. They may no longer seek mesothelioma compensation for family members, particularly for the victim’s family members. An experienced mesothelioma lawyer can do a comprehensive research into your occupational and personal history to determine the possible cause of exposure. Eligibility differs based on the kind of compensation you want to claim.

Factors that Could Affect the Amount of Compensation

Compensation differs greatly based on the kind of financial assistance you want and other factors. These factors include the location or venue of the mesothelioma claim, occupational history, age and gender, level of suffering and pain, whether or not the victim has served in the military, the kind of asbestos the victim was exposed to as well as the amount and location of asbestos exposure.

A mesothelioma lawyer knows that there are different costs associated with the diagnosis, and this could help increase your compensation award. Costs that are considered when determining the amount of compensation include diagnostic and treatment costs, current medical bills throughout the treatment period, travel costs associated with seeking a mesothelioma specialist or cancer center and other medical costs not covered by the victim’s health insurance.

Other factors considered include the loss of income when the victim or a loved one is no longer capable of working due to mesothelioma, inability to provide for dependants in the household and funeral expenses for wrongful death claims. A mesothelioma lawyer may not be able to give an exact compensation amount, but they can help you understand the option that will most likely give you the most financial assistance.

  • Lawsuits

A mesothelioma claim may reach a jury trial. If all parties concerned, don’t reach an agreement and if the defendant is found responsible for the asbestos exposure that resulted in the development of mesothelioma, the judge or jury will determine the compensation amount to be paid to the victim. The amount given often includes punitive damages and actual expenses.

Since waiting for a decision can sometimes be risky, many companies are willing to settle. It may also be in the plaintiff’s best interest to settle because the jury could return a decision that either award the victim a smaller amount of compensation than they might get in a settlement or find the company not responsible.  A skilled mesothelioma lawyer can advise you about the possibility of a favorable award and verdict as well as the strength of your case. They can help you ensure that you get the highest amount of financial compensation possible.