Mesothelioma Compensation
The majority of mesothelioma compensation comes from settlements instead of trials, which helps plaintiffs receive their money as early as possible. This usually happens because a diagnosis of mesothelioma cancer or other asbestos-related diseases typically shows that there is enough substantial evidence that supports the plaintiff’s lawsuit.
Mesothelioma Compensation
Since there is no guarantee that the defendant will be victorious during a trial, especially with cases involving diseases associated with workplace exposure, settlements are normally the end result of mesothelioma lawsuits, and compensation therefore follows.
Mesothelioma victims who have suffered as a result of asbestos exposure have the right to collect money from negligent companies. Over 58 companies have been forced to establish asbestos trust funds to ensure that all victims of commercial asbestos use receive compensation.
Patients trying to get compensation through asbestos trust funds must meet medical qualifications outlined by trustees. That means funds are distributed based on specific criteria, including diagnosis, work history, level of asbestos exposure and overall health.
Mesothelioma compensation is decided on a case-by-case basis, based on factors that include the extent of injuries, number of other claimants and location of exposure, called the scheduled values of the disease. These scheduled values often change, depending on the current settlements overall, the litigation environment and the trust’s historic experience. Each scheduled value corresponds to a disease level. The higher levels mean a more serious disease and greater compensation.
Ways to Obtain Compensation
Trust Funds – Companies that manufactured or used asbestos and have filed for bankruptcy protection are court ordered to establish trust funds with money to help asbestos victims. This ensures the victims will receive money as a result of injuries. Settlement amounts are based on a number of factors, including the level of disability.Verdicts – For a jury trial, a jury must decide if the injury was the result of a company’s negligence. There are two possible outcomes: not guilty or guilty. If the company, or other defendant, is found guilty, the jury will decide how much the injured victim should be awarded. In some states, the judge can weigh in on the compensation amount.
Settlements– Some mesothelioma victims decide it is better to settle a claim before it goes to trial. This happens for a variety of reasons, which includes saving time or money. Often, at-fault companies choose settlements over trials because of cost-saving elements.
VA Claims – All members of the military who have been exposed to asbestos are eligible for compensation through mesothelioma trust-funds or lawsuit settlements. Veterans are additionally eligible to file for service-related compensation through the Department of Veterans Affairs. including VA disability benefits.
Mesothelioma Compensation Questions
Do I need to hire a lawyer to file a claim? Yes. A mesothelioma lawyer who is experienced in these types of claims will give you the best chance at a successful case. Mesothelioma lawyers work with a team of investigators who are experts in asbestos exposure and associated diseases.
Will I have to go to court to get compensation? Maybe. If you are filing a claim through an asbestos trust fund, you will not have to go to court. In the case of an asbestos lawsuit, many cases never make it to trial because companies prefer to avoid the publicity and expense. Every case is different so your mesothelioma attorney will help you decide how to proceed.
Can I file a claim against multiple trust funds? Yes. In many cases, asbestos exposure does not come from just one source. Our mesothelioma lawyers will help determine where your exposure occurred.
If I owned my own business can I file a claim? Yes. Owning a business does not limit your rights to mesothelioma claims against asbestos manufacturers. A mesothelioma lawyer will investigate where your exposure occurred and which manufacturers are at fault.
Can I file a claim without suing my employer? Yes. Trust fund claims and mesothelioma lawsuit are separate actions that are handled differently. Your mesothelioma lawyer will help you decide which option is best for your case.
Can I file an asbestos trust fund claim and file a lawsuit? Yes. In some cases, claimants are eligible to seek compensation under both a trust fund and lawsuit. Since each claimant has individual circumstances, a mesothelioma attorney can help determine the best approach.
Do family members have a right to file for compensation from an asbestos trust? Yes. Family members of asbestos victims may be entitled to compensation from an asbestos trust even if their loved ones have died. A mesothelioma attorney can help family members determine the best course of action.
Statute of Limitations
When filing a mesothelioma compensation claim it is important to determine which state the victim suffered their exposure to asbestos. The statute of limitations dictates the amount of time a patient has to file a personal injury claim. Due to the long latency period for mesothelioma cancer, courts have decided that the statute of limitations begins on the day the patient is diagnosed.If a patient has passed away, family members have a finite amount of time to file a wrongful death lawsuit. Most states are different, but the statute of limitations for families to file for compensation is usually 1 or 2 years after the patient has passed away.
Compensation is decided on a case-by-case basis, based on the scheduled values of the disease. These scheduled values often change, depending on the current settlements overall, the litigation environment and the trust’s historic experience. Each scheduled value corresponds to a disease level.
Medical Requirements
Patients trying to get compensation through asbestos trust funds must meet medical qualifications outlined by trustees. That means funds are distributed based on specific criteria, including diagnosis, work history, level of asbestos exposure and overall health.Level I – Diagnosis of an asbestos-related disease without significant impairment.
Level II – Diagnosis of asbestosis and/or pleural disease without restricted lung function.
Level III – Diagnosis of asbestosis and/or pleural disease with limited lung function and documentation establishing asbestos as a contributing factor.
Level IV – Diagnosis of severe asbestosis with pathological evidence of asbestos exposure and documentation establishing asbestos as a contributing factor to the disease.
Level V – Diagnosis of a colorectal, laryngeal, esophageal, pharyngeal or stomach cancer, plus evidence of an asbestos-related nonmalignant disease.
Level VI – Diagnosis of lung cancer with documented asbestos exposure as a contributing factor.
Level VII – Diagnosis of a primary lung cancer with evidence of an underlying asbestos-related nonmalignant disease.
Level VIII – Diagnosis of mesothelioma cancer with credible evidence of asbestos exposure.
Source: www.mesotheliomafund.com
