Mesothelioma is a rare and aggressive cancer primarily caused by exposure to asbestos. For those diagnosed with this disease and their families, pursuing compensation can provide crucial financial support for medical expenses, lost income, and other hardships. This article outlines the various compensation options available, the legal process, and important considerations for mesothelioma patients and their loved ones.

Understanding Asbestos Exposure and Liability

Mesothelioma has a clear causal relationship with asbestos exposure, with a typical latency period of 20-50 years between exposure and diagnosis. This long latency period creates unique challenges in pursuing compensation.

Common Sources of Asbestos Exposure

• Occupational exposure: Construction, shipbuilding, mining, manufacturing, power plants, and military service (particularly Navy)
• Secondary exposure: Family members exposed to asbestos fibers brought home on workers’ clothing
• Environmental exposure: Living near asbestos mines or processing facilities
• Product exposure: Home construction materials, automotive parts, and consumer products manufactured before the 1980s

Liable Parties

Potential defendants in mesothelioma cases may include:

• Asbestos mining companies
• Manufacturers of asbestos-containing products
• Companies that installed asbestos products
• Property owners who failed to properly manage asbestos
• Employers who failed to protect workers
• Asbestos trust funds established by bankrupt companies

Types of Mesothelioma Compensation

Several avenues exist for seeking financial compensation for mesothelioma:

Asbestos Trust Funds

Many companies that manufactured or used asbestos products have filed for bankruptcy. As part of bankruptcy proceedings, these companies were required to establish trust funds to compensate future asbestos victims.

• Currently, over $30 billion exists in asbestos trust funds
• Trust fund claims typically process faster than lawsuits
• Compensation amounts vary based on exposure history, diagnosis, and the specific trust’s payment schedule
• Claimants often receive a percentage of their claim value due to the high number of claims

Personal Injury Lawsuits

Patients diagnosed with mesothelioma can file personal injury lawsuits against companies responsible for their asbestos exposure.

• Most cases settle before trial, with average settlements ranging from $1 million to $1.4 million
• Trial verdicts can range from several million to tens of millions of dollars depending on case specifics
• The legal process typically takes 1-3 years, but expedited trial dates are often granted due to the patient’s medical condition

Wrongful Death Lawsuits

When a patient dies from mesothelioma, family members may file a wrongful death lawsuit.

• These claims compensate families for medical costs, funeral expenses, lost income, and loss of companionship
• Statutes of limitations vary by state but typically range from 1-3 years after death
• Compensation amounts are similar to personal injury cases but may include additional damages for end-of-life expenses

Veterans’ Benefits

Veterans who developed mesothelioma due to military service can file for VA benefits.

• Monthly disability payments ranging from approximately $1,800 to $3,800
• Free or subsidized healthcare through the VA system
• Ability to pursue VA benefits concurrently with other legal claims
• Special benefits for surviving spouses and dependents

Workers’ Compensation

In some cases, workers’ compensation claims may provide benefits for work-related mesothelioma.

• Coverage for medical treatment and partial replacement of lost wages
• No need to prove employer negligence
• Generally provides less compensation than lawsuits
• Does not always preclude pursuing other legal remedies

Factors Affecting Compensation Amounts

Several factors influence the potential compensation in mesothelioma cases:

Medical Factors

• Diagnosis specifics and cancer stage
• Medical history and treatment expenses
• Age at diagnosis and life expectancy impact

Exposure History

• Duration and intensity of asbestos exposure
• Number of products or companies involved
• Documentation of exposure (employment records, witness statements)

Legal Considerations

• Jurisdiction where the case is filed
• Statute of limitations status
• Previous settlements with asbestos trusts
• Quality of legal representation

Navigating a mesothelioma diagnosis is an overwhelming and emotional journey, but understanding the available compensation options can empower patients and families to secure the financial support they need. Whether through asbestos trust funds, personal injury or wrongful death lawsuits, veterans’ benefits, or workers’ compensation, there are multiple avenues to hold negligent parties accountable.

Because of the complex legal and medical factors involved, consulting with an experienced mesothelioma attorney is crucial to maximizing compensation. Ultimately, pursuing these claims not only provides financial relief but also helps deliver justice for the harm caused by decades of asbestos exposure.