How much money can you get after filing a mesothelioma lawsuit?
When a loved one dies from mesothelioma, family members, spouses, or loved ones may be able to receive compensation in a wrongful death lawsuit filed on behalf of the loved one's estate.
Mesothelioma compensation provides financial security for families if a loved one is no longer able to work.
Other types of financial aid may be available. It is important to consider all available compensation options to decide what is best for you and your family.
Sources of mesothelioma compensation
Sources of mesothelioma compensation include asbestos trust funds and judgments or settlements in lawsuits.
Asbestos Trust Fund lawsuits outnumber mesothelioma lawsuits because many asbestos companies have gone bankrupt. This does not mean that these companies are absolved of responsibility.
During the bankruptcy process, many asbestos manufacturers were ordered to set up a trust fund with sufficient money to compensate future asbestos victims. Most mutual funds hold hundreds of millions of dollars, and some hold billions of dollars.
A mesothelioma attorney may recommend that you file both a trust fund claim and a lawsuit, depending on which asbestos products are relevant to your case.
How long does it take to receive compensation?
It may take years for a jury to reach a verdict and award damages, but defendants may offer to settle quickly, perhaps within months. The time it takes to receive compensation also depends on the type of claim you make.
Asbestos trusts can receive the money within a few months.
Deciding whether or not to file a lawsuit is an important decision in any situation, especially when you're 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 specific case.
Patients and family members affected by mesothelioma cancer are paid a financial award known as Mesothelioma compensation.
The average settlement amount for Mesothelioma compensation is $1 million to $1.4 million. One can be paid more than $150,000 by Asbestos trust funds.
Mesothelioma Lawsuits
A mesothelioma personal injury lawsuit is often the best type of claim you can file if your family is seeking compensation for medical bills, back wages, and other expenses. A mesothelioma attorney will guide you through the process and handle all the legal details while focusing on treatment and recovery.
Another option is to file a wrongful death lawsuit if a person dies from mesothelioma. When filing this type of lawsuit, surviving family members often represent the estate.
There are two types of mesothelioma lawsuits:
Personal injury claims:
These lawsuits are filed by people diagnosed with mesothelioma seeking compensation for medical bills, lost wages, and other expenses.
Wrongful death lawsuits:
These lawsuits are typically filed by the estate of a deceased loved one who died of mesothelioma.
If the defendants do not settle and your case goes to trial, a court or jury will decide your case. If the defendant is found liable, the trial judgment includes monetary damages.
If you win, the amount you are entitled to depend on the facts of the case and other factors, such as medical expenses and lost income. Each case of mesothelioma is unique and there are no set guidelines for compensation.
Are family members entitled to compensation?
Yes, surviving family members who have lost loved ones to mesothelioma may be eligible for mesothelioma compensation. Family members can represent the estate of a loved one who has died by filing a wrongful death lawsuit or probate lawsuit.
A qualified mesothelioma attorney can review your case and advise you on whether you qualify to file a lawsuit, as well as the most appropriate lawsuit based on the circumstances of your case. In some cases, the surviving family members may be entitled to compensation through multiple legal options.
How to claim compensation for mesothelioma?
It is best to seek the advice of an attorney experienced in handling asbestos lawsuits for mesothelioma compensation. A financial award can help cover the costs of asbestos-related illnesses that are not covered by insurance, such as transportation, home health aides, and additional treatments.
The right mesothelioma attorney can help you understand all your options for filing a claim, prove your history of asbestos exposure, and track your costs. The best mesothelioma attorney will maximize your compensation, but won't promise a fixed amount.
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 attorney to help them discover the facts about your history of asbestos exposure. This process usually focuses on the places you've worked and the products you've been exposed to.
Weigh Your Options:
Consider compensation options presented by your attorney, including trust funds and lawsuits.
Accepting or Rejecting Settlement Offers:
If you decide to file a lawsuit, you should consider settlement offers from defendants.
If you decide to accept the defendant's settlement offer, your attorney will manage the settlement process. Both your lawyer and defense counsel will announce the settlement agreement to the court, which will issue a settlement order. The defense prepares a document called a release.
Any personal liens, whether medical (usually health care providers) or government (such as Medicare, Medicaid, or child welfare agencies), must be paid off the settlement amount before your attorney pays you the rest of the settlement.
Consider and track all costs associated with mesothelioma diagnosis and treatment before accepting a settlement amount. Calculate cancer treatment, travel to treatment, hire help, and provide complementary therapies.
Transportation can be expensive, as can hiring a home health aide to help with cooking, cleaning, yard work, general maintenance, and caring for you. Additional therapies such as massage therapy may not be covered by your health insurance, so it's important to consider these costs as well.