Legal Options Available to Mesothelioma Victims
Mesothelioma, a rare yet toxic illness, is primarily caused by asbestos exposure, and in the majority of cases, asbestos exposure occurred at the workplace. If you or a loved one developed mesothelioma due to asbestos at the workplace or due to any other negligent party, there are legal options available that can help seek compensation to help cover your medical expenses, pain, suffering, and more.
Asbestos Trust Funds
Asbestos trust funds are funds set up by courts for companies that have had so many asbestos claims filed against them that they were ordered to set aside funds for pending and future asbestos-related lawsuits. Currently, there is over an estimated $30 billion in these funds, set up for mesothelioma victims and their loved ones.
To qualify for compensation via an asbestos trust fund, you (or a loved one) must have worked for or been contracted to work for a company that currently has an asbestos trust fund in place. Not all businesses have trust funds set up for asbestos cases, and if the company you worked for doesn’t currently have a trust fund, you will not qualify until they do.
Asbestos trust fund amounts will vary according to how much money is put into the fund, the type of disease you have, how long you’ve lived with the disease, and what stage the disease is in.
There are two types of review options for asbestos trust funds: expedited reviews and individual reviews. An expedited review typically has a fixed compensation amount for each claimant, yet it is paid out much quicker than an individual review. To qualify for an expedited review, there must be enough substantial evidence presented for a quick payout.
An individual review takes longer to receive compensation when compared to an expedited, but you’re not limited to a fixed amount. Those who do not qualify for an expedited review (due to additional proof needed) will need to file for an individual review. Compensation for individual reviews may be more or even less that expedited review amount.
Mesothelioma Lawsuit
Another option, especially for companies that don’t have an asbestos trust set up, is to directly sue the party or parties responsible for exposing you to asbestos. In many cases, there were two or more manufacturers that supplies asbestos to job sites, and each of these companies may be responsible for any illnesses the workers develop.
Once you file a mesothelioma lawsuit, your asbestos attorney will help you gather the evidence and proof needed to present your case. In many instances, workers are not aware of which companies supplied asbestos to their workplace, but a knowledgeable attorney has the experience to uncover the details on your behalf.
Mesothelioma lawsuits generally end in settlements before you have to go to trial, with the biggest benefit being a much quicker process, which is especially important if you have mounting medical bills. However, should your mesothelioma lawsuit end up going to trial, you will generally receive more in compensation as opposed to settlement amounts.
What You Can Expect From a Mesothelioma Lawsuit
Although each state’s laws will vary, in general, a successful mesothelioma lawsuit will help you obtain compensation for:
- Medical expenses
- Lost wages
- Transportation and lodging expenses (that pertain to medical appointments)
- Pain and suffering
- Loss of consortium (in certain states)
- Dependent expenses
Statute of Limitations for Mesothelioma Cases
It’s important to remember that each state allows a certain amount of time for you to file a mesothelioma claim. Known as statute of limitations, the time period ranges anywhere from one to six years after your diagnosis or one to six years from the time your loved one passed away from an asbestos-related illness.