Mesothelioma is a type of cancer primarily caused by exposure to asbestos, a mineral once widely used in construction, manufacturing, and various industries.People are entitled to compensation for mesothelioma because many companies have continued to use asbestos despite knowing its dangers.
This negligence has led to severe negative health impacts for workers and their families, who were often unknowingly exposed to these dangerous asbestos fibers. If you have been diagnosed with mesothelioma, it is essential to understand what your options are going forward.Â
Who is eligible for mesothelioma compensation?
Eligibility for mesothelioma compensation is primarily based on a few key criteria related to asbestos exposure and the resulting diagnosis. Here are the general categories of individuals who are eligible:
- Individuals who were diagnosed with mesothelioma (who can prove their diagnosis is related to asbestos exposure)
- Family members of a deceased mesothelioma patient who can file for wrongful death compensation
- Veterans who were exposed to asbestos during their military service
- Workers and employees who were exposed to asbestos on the job
To prove you were exposed to asbestos and that it led to your mesothelioma diagnosis, you will typically need:
- Medical records and documentation of the diagnosis
- Employment records showing where and when you were exposed to asbestos
- Expert testimony from a medical professional linking your diagnosis to asbestos exposure
Sources of mesothelioma-related compensation
Depending on your particular situation, there are various sources of compensation available for mesothelioma patients and their families. These include:
Lawsuits (most common)
Individuals diagnosed with mesothelioma can file personal injury lawsuits against the companies responsible for their asbestos exposure. These lawsuits seek compensation for medical bills, lost wages, and the emotional toll it took. If the patient has died, family members can file a wrongful death claim to cover the expenses of the funeral and income loss.
Asbestos trust funds
Many companies that used asbestos have filed for bankruptcy, leading to the establishment of trust funds to compensate victims. There are currently over $30 billion available in these trust funds. Claimants can file claims against these trusts to receive payouts, which are generally quicker than going through a lawsuit.
Veteran benefits
Veterans exposed to asbestos during their military service can file for disability compensation and other benefits through the Department of Veterans Affairs (VA). The VA provides monthly payments and covers medical expenses related to mesothelioma​.
Workers’ compensation
Workers who were exposed to asbestos on the job can file for workers’ compensation benefits. This is less common these days, but those benefits can help cover medical expenses and lost wages due to the illness. Regardless of the route you take, you should always work with a mesothelioma law firm to navigate the legal system effectively and ensure you’re fairly compensated.
What factors influence mesothelioma compensation?
There are several factors that come into play when determining the outcome of your claim and overall compensation:
- The severity and stage of your mesothelioma
- Your current and future medical expenses
- Any lost wages or loss of earning capacity due to the illness
- Emotional suffering and decrease in quality of life
- The company’s level of negligence and responsibility for your exposure
- The jurisdiction where the lawsuit is filed (as laws and regulations may vary by state or country)
The more severe the case, the larger your compensation will be. On average, compensation can range from $1 million to $11.4 million.
Endnote
Mesothelioma compensation can provide financial support to individuals and families affected by this devastating illness. It is absolutely essential to work with a mesothelioma lawyer to understand your options and legal rights. With the right support and resources, you can focus on your health and well-being while receiving the compensation you deserve.Â