Mesothelioma Compensation

Manufacturers knew about the dangers of asbestos as early as the 1930s. Companies that used or sold asbestos ignored these dangers, risking the health and safety of millions of workers and consumers. Injured individuals who have been diagnosed with mesothelioma and their family members may be entitled to multiple forms of financial compensation. 

The average compensation for a mesothelioma claim is often $1 million or more, depending on the types of compensation you qualify for. Asbestos trust funds range from $10,000 to $150,000 per trust, out-of-court settlements average $1 to $2 million, and trial verdicts may be as high as $20.7 million or more. Other forms of support provide smaller monthly payments. 

Understanding all the legal options available can be overwhelming, but our team of patient advocates can help you determine your eligibility for compensation and which options may be best for you. We have decades of experience helping people impacted by mesothelioma and have secured over $1.5 billion for our clients. Contact us to get started today for free.

Types of Mesothelioma Compensation Available

There are many avenues for compensation available to individuals impacted by asbestos exposure. Most claimants are eligible to pursue multiple forms of compensation. Applying for all the types of compensation you qualify for is the best way to maximize your final award amount.

Asbestos Trust Funds

Insolvent asbestos companies establish asbestos trust funds as a court-mandated means of meeting their obligations to current and future victims. There are over 60 active trust funds with over $30 billion available for victims of mesothelioma and other asbestos-related diseases. Trust funds provide the quickest route to compensation and eliminate the need for a trial.  

Lawsuit Claims

Solvent asbestos companies generally handle lawsuit claims against them in civil court. Living victims can file a personal injury lawsuit, while surviving family members may be able to file a wrongful death lawsuit. This type of compensation often allows victims to obtain the highest possible award, but may result in lengthy trials if defendants choose not to settle.

Filing a lawsuit does more than provide victims with needed compensation. It also allows victims to hold negligent asbestos companies accountable for the harm they’ve done. Many successful mesothelioma lawsuits include both compensatory damages, intended to compensate victims for their losses, and punitive damages, intended to punish negligence and deter future bad behavior.

Daniel Wasserberg, Esq.

VA Benefits

Mesothelioma has a 100% disability rating with the VA, entitling mesothelioma veterans to monthly support of about $4,000 a month or more, depending on factors like the number of dependents. The VA allows veterans to work with advocates, like those on our expert team, when filing for benefits. 

Remember, your VA benefits will not be impacted by seeking other forms of mesothelioma compensation, such as filing a lawsuit or making a claim against an asbestos trust fund. These types of compensation come from negligent companies and do not require you to sue the U.S. government or armed forces. 

Social Security Disability Insurance (SSDI)

SSDI benefits are based on your past earnings and work history. The more you paid into Social Security over your working life, the higher your monthly SSDI check will be, up to the current SSDI maximum of $4,018 per month. People with low income or limited assets may qualify for Supplemental Security Income (SSI), which has a separate, lower maximum. 

Workers’ Compensation

Asbestos industry workers who can trace their exposure back to their employer may be eligible for workers’ compensation, which can include wage replacement (usually 66.3% of your weekly wage up to the state cap), medical treatment, and more. Surviving family members may be eligible for death benefits, including monthly financial support, burial expenses, and more.

Other Types of Assistance

There are other forms of assistance available to mesothelioma patients and their families. Programs like Medicare or Medicaid help patients over 65 or those who meet specific disability or low-income requirements access medical care, including treatment, hospitalization, and medication.

Private grants and charities that support people impacted by mesothelioma or cancer patients in general can also provide valuable support. The type and amount of support varies by organization and includes financial aid (for medical expenses, travel, lodging, and childcare), support groups, and access to clinical trials.

Eligibility Requirements for Mesothelioma Compensation

To access mesothelioma compensation, patients and their families must be able to provide proof of their asbestos exposure and a medical diagnosis from a licensed professional. This proof generally requires specific forms of documentation. The type of documentation required varies, but we’ve provided some common examples below.

Proof of medical diagnosis:

• Medical records
• Pathology report
• Imaging & lab tests
• Death certificate

Proof of exposure:

• List of places where exposure occurred
• Exposure dates
• Witness testimonials
• Paystubs

How to File for Mesothelioma Compensation

Filing for mesothelioma compensation can feel overwhelming, particularly for those without much experience with the legal system. However, working with a mesothelioma lawyer can make the process more efficient and less stressful. 

At our partner law firm, Meirowitz & Wasserberg, their expert asbestos lawyers support clients through every step of the mesothelioma compensation filing process. They leverage their decades of experience and professional resources to ensure you get the maximum compensation you are due. 

Step 1: Meet With an Attorney That Specializes in Asbestos Litigation

The initial meeting allows you to review the details of your claim with a prospective lawyer. Treat this meeting like a mutual interview. Don’t hesitate to ask questions about the lawyer’s experience, case history, and specialization. At the end of the meeting, you should know what you may be eligible for and have a plan for pursuing compensation if you choose to move forward.

Step 2: Gather Evidence

Based on the information you provided at the initial meeting, your attorney will begin collecting documentation to support your claim, which is critical for establishing a link between the victim’s illness and their asbestos exposure history. At Meirowitz & Wasserberg, the legal team has access to specialist resources, including product binders, databases, and investigators.   

Step 3: File Claim

Your attorney will manage all deadlines and paperwork related to filing your claim, ensuring it is turned in on time and error-free. They will file the claim with the proper court and manage all subsequent communications and proceedings from this point forward, while keeping you updated. 

Step 4: Claim Discovery or Review

Every defendant named in the lawsuit must receive a copy of the claim. After receipt, most states give defendants 30 days to respond. Most defendants try to have the claim dismissed or shift blame onto another party. Your attorney will manage any responses from the defendants, but you may be required to make a deposition, which you can do from home.

Step 5: Accept or Deny Offers

Frequently, a strong claim results in settlement offers. Your lawyer will do their best to negotiate a settlement offer that meets your needs. If the defendant does not make a settlement offer or is unwilling to negotiate, you can choose to go to trial. Every member of the Meirowitz & Wasserberg team is an experienced trial lawyer. 

How We Can Help 

Mesothelioma patients and their families face harsh and challenging medical, emotional, and financial realities. Seeking compensation can help them pay for treatment, make up for lost wages, and provide future security. We can help victims of asbestos exposure determine their eligibility for compensation free of charge in just a few minutes. 

During our decades of service to the mesothelioma community, we’ve helped people impacted by mesothelioma secure over $1.5 billion in compensation while holding the people who harmed them accountable for the damage they’ve done. 

Contact us today to determine your eligibility through a free case evaluation. We’ll also put you in contact with the asbestos litigation specialists at our partner firm, Meirowitz & Wasserberg, allowing you to speak directly with one of the firm‘s founding partners, who can help you understand your potential claim value. 

You deserve justice and compensation. We want to help you get it, but you have to take the first step. Contact us today.