People with a mesothelioma diagnosis can receive compensation for expenses and losses if they file and win Through an asbestos claim. This type of cancer is caused by exposure to this dangerous material, so patients or their loved ones can take legal action against manufacturers who didn't label asbestos products as "cancer-causing" and other negligent parties.
Although symptoms can appear decades after exposure to asbestos, mesothelioma is a deadly and aggressive type of cancer. Patients must pay huge sums, often exceeding $10,000 per month, for chemotherapy, radiation, surgery, and other treatments.
In addition, both patients and their families focus on treatment and caregiving. Therefore, they couldn't return to work, which often results in lost income.
Fortunately, filing a mesothelioma claim allows victims to hold manufacturers and sellers of asbestos products accountable for their careless actions or recover monetary compensation for the expenses related to the disease.
However, the damages that victims or their families may recover depend on the type of mesothelioma claim filed. Here's more information on the key aspects to know what plaintiffs can retrieve through a lawsuit for this type of cancer.
Common Types of Mesothelioma Claims
Any type of mesothelioma lawsuit, which are part of the so-called "asbestos claims," is a legal action that both patients or victims' families can take to seek compensation for expenses, damages, and losses.
Most cases are settled before trial. This option is ideal for victims who need quick monetary compensation and companies that don't want to spend higher amounts of money on lengthy legal processes.
Payouts for mesothelioma claims vary based on the type of lawsuit, but many are worth millions of dollars. Therefore, plaintiffs should seek legal guidance from an experienced mesothelioma attorney to determine the best course of action, defend their rights, and recover fair compensation.
Overall, there are three types of mesothelioma claims. These are:
Personal injury claims
Wrongful death claims
Asbestos trust fund claims
Personal injury and wrongful death claims are more common, but asbestos companies in bankruptcy created trust funds. Essentially, they're another type of mesothelioma claim that may also provide compensation to victims.
Here's an overview of each type of mesothelioma claim to help patients and their families learn about the available options.
Personal Injury Lawsuits
People who file a mesothelioma claim are, essentially, filing a personal injury lawsuit. As part of tort law, this legal action allows victims to build a case for the illnesses or injuries they suffered because of someone else's negligence.
If the mesothelioma claim is settled in court, juries can award monetary damages for expenses and losses. These payouts may include lost income, medical bills, pain and suffering, loss of consortium, and more.
Although rare, courts also award punitive damages sometimes. This type of compensation doesn't remunerate expenses but punishes at-fault parties and discourages similar wrongful actions.
However, most mesothelioma lawsuits aren't resolved in court because both parties usually settle before trial.
Quick Facts About Mesothelioma Personal Injury Claims
Compensation covers medical expenses associated with mesothelioma diagnosis, treatment, surgeries, travel for medical reasons, and more.
Awards can also replace lost income if the condition affects a patient's ability to work.
Compensation awarded to people who file a mesothelioma claim should offer financial security to victims or their families.
Wrongful Death Claims
When someone dies from mesothelioma, their families or estate can also take legal action and seek compensation through a wrongful death claim.
Most of the time, juries award compensation for multiple expenses and losses to those who lost their loved ones to asbestos exposure. These awards may include cancer-related and funeral costs.
Quick Facts About Mesothelioma Wrongful Death Claims
Family members of people who died from an asbestos-related disease, including mesothelioma or another type of cancer, can file a claim for wrongful death.
If a person diagnosed with mesothelioma dies during the litigation proceeding, their estate can claim compensation.
Wrongful death compensation can be paid in a lump sum or several installments.
Attorneys can help families determine if they're eligible to file a mesothelioma claim for wrongful death on behalf of their loved ones.
Compensation for wrongful death often covers medical bills, funeral and burial costs, lost household income, and more.
Asbestos Trust Fund Claims
Many asbestos companies decided to continue selling products made with this material even though they knew it was dangerous. As a result, many people have been exposed to asbestos for decades.
Manufacturers and sellers have faced many lawsuits for these negligent actions. Many went bankrupt. As the number of claims grew, these companies created asbestos trust funds.
Also known as asbestos bankruptcy funds, they were designed to set aside money to provide compensation to both victims and their loved ones if they filed a mesothelioma claim against a bankrupt asbestos company.
Quick Facts About Asbestos Bankruptcy Trust Claims
Anyone with a mesothelioma diagnosis and proof of exposure to this dangerous material can file a claim and get compensation from asbestos trust funds.
If exposed to asbestos products made by multiple companies, victims may be eligible to file several asbestos trust claims.
Asbestos bankruptcy funds often pay the compensatory amount quicker than asbestos settlements and verdicts.
How to File a Mesothelioma Claim
People planning to file a mesothelioma claim need help from an experienced lawyer. Plaintiffs who receive legal guidance during the asbestos litigation proceeding have a better chance of winning the case and receiving fair compensation.
A seasoned mesothelioma attorney knows personal injury law and understands the steps to hold asbestos companies accountable for their negligent actions.
However, mesothelioma patients and their families must understand several aspects to make sure they're making the right decision. One of the most common questions has to do with eligibility.
Who Can File a Mesothelioma Claim?
Both asbestos-exposure victims diagnosed with mesothelioma and family members who lost a loved one to this type of cancer can file a claim.
Patients could file a mesothelioma cancer claim if the disease resulted from asbestos exposure caused by someone else's negligence. If they pass away, families can seek legal action through the wrongful death laws.
Both parties may also file asbestos trust fund claims to recover mesothelioma compensation if asbestos exposure resulted from the careless or reckless actions of another individual or entity.
What Do Victims Need to File a Mesothelioma Claim?
Each case is unique. Victims should get help from an experienced mesothelioma lawyer to collect the necessary information and documents to support their claim and file personal injuries or wrongful death lawsuits.
However, these are the documents that people often need to file a mesothelioma claim:
Documents proving financial hardship
Medical records showing mesothelioma diagnosis
Evidence of asbestos exposure
Documents showing work history at an asbestos company, if applicable
Proof that asbestos exposure was caused by a negligent party
Testimony explaining the cause of asbestos exposure and related diagnosis
Steps to File a Mesothelioma Claim
Victims who want to file a claim for an asbestos disease must follow the steps below:
Understanding eligibility requirements: Regulations and laws on who can file a claim for mesothelioma differ depending on the type of lawsuit. Also, there's the statute of limitations. In Texas, victims and their families have two years from the discovery of diagnosis or death to take legal action.
Gather the required documentation: Once they're sure they can file mesothelioma lawsuits, victims or their relatives should collect the required documentation mentioned above.
File the asbestos claim: After collecting the documentation, victims can file the lawsuit. Mesothelioma attorneys can assist victims through the process, helping them determine where and how to file the claim.
Compensation award or settlement negotiation: After filing the claim, all documents are reviewed, and attorneys can begin settlement negotiations. If necessary, lawyers also help plaintiffs present the case before a jury.
Why Do People File a Mesothelioma Claim? What Are The Benefits?
Mesothelioma patients often file claims seeking financial assistance and peace of mind after diagnosis. As mentioned, those who develop this type of cancer usually pay huge bills for medications, treatments, and hospitalizations.
However, winning a mesothelioma case may allow patients or victims' family members to recover compensation to cover those expenses.
Even if the asbestos litigation process is time-consuming, people shouldn't feel discouraged from taking legal action. An attorney can help victims through the process, fight for their rights, and recover fair compensation. In successful cases, a plaintiff can receive tens of millions of dollars.
Understanding Compensation to Mesothelioma Victims
Besides the types of lawsuits mentioned above, mesothelioma victims may get remuneration through insurance claims and workers' compensation, if applicable.
Who Should Pay for Mesothelioma Claims?
A person diagnosed with mesothelioma or the relatives of victims who died from this type of cancer can file a lawsuit against different parties, including insurance companies and asbestos manufacturers.
Depending on the case, a claimant may be eligible to receive mesothelioma compensation from various sources.
Overall, these are the parties that often pay compensation in asbestos disease lawsuits:
Liable companies: From asbestos mine operators to asbestos product manufacturers or distributors, several entities may have to pay compensation to victims if their mesothelioma diagnosis resulted from their negligent use or distribution of this material.
Insurance companies: Many companies have liability insurance to cover lawsuits, including Workers' compensation.
Asbestos Trust Funds: As mentioned, many companies have also set up trust funds to pay asbestos claims to protect themselves from future liability.
Department of Veterans Affairs: If veterans develop mesothelioma after exposure to asbestos during military service, the VA recognizes this type of cancer as a service-connected illness and offers compensatory benefits.
How Much Compensation Can Victims Get from a Mesothelioma Claim?
The compensatory amount victims can get from a mesothelioma lawsuit varies based on several factors. However, the average settlement is between $1 and $2 million, while the trial verdict usually awards around $2.5 or more to plaintiffs who win the case. Schuerger Shunnarah Trial Attorneys has more information on questions like, "What is the average mesothelioma settlement?"
Additionally, victims often recover two forms of damage from the liable party. These are:
Compensatory Damages
Mesothelioma patients don't only experience physical pain and emotional anguish. Most of them also face many financial losses after their diagnosis. Compensatory damages reimburse these expenses and struggles. Their main purpose is to bring the victims back to the position they were in before the harm occurred.
This type of compensation encompasses two subcategories: special damages and general damages.
Special damages are awarded to offset measurable losses, such as the following:
Lost wages
Medical expenses
Past and future earnings
Other negative financial results
General damages are a form of compensation for losses that cannot be quantified through monetary calculations or cannot be proven with bills, including the following:
Emotional distress
Pain and suffering
loss of companionship
Punitive Damages
Besides monetary compensation, a jury can award punitive damages to mesothelioma victims. However, this form of remuneration doesn't cover economic losses but instead punishes the reliable party for its actions.
Many companies knowingly exposed employees to this toxic substance for decades. These actions were negligent, careless, and immoral.
Punitive damages reprimand that behavior and deter others from committing the same actions in the future.
How Can an Experienced Mesothelioma Lawyer Help Victims
Mesothelioma patients experience financial loss, emotional distress, physical pain, loss of enjoyment of life, and more. In the worst-case scenario, this diagnosis results in death.
However, victims shouldn't go through this tough experience alone. That's unfair. If the asbestos exposure resulted from someone else's negligence, liable parties should pay compensation and be held accountable for their actions.
Attorneys know the laws on asbestos diseases and help patients fight for their legal rights, building a solid case to pursue compensation or handling negotiations with companies to reach a fair settlement.
Victims or their families can seek help from experienced mesothelioma lawyers to file a lawsuit against asbestos companies and get the compensation they deserve. They can answer questions such as, "How long does it take to get compensation for mesothelioma?" Fighting cancer is challenging, but patients deserve understanding, support, and financial protection.
At Schuerger Shunnarah Attorneys, we have a professional and empathetic team of lawyers willing to accompany mesothelioma patients through this tough process. We go the extra mile to recover the compensation they deserve!
Call Our National Mesothelioma Law Firm and Get a Free Consultation
Our experienced mesothelioma law firm is ready to help victims fight for their rights and recover the compensation they deserve. We have extensive experience filing these claims. Call us today and get a free legal consultation!