Legal Options for Mesothelioma

Taking the time to explore your legal options during the chaos of a mesothelioma diagnosis may feel like an insurmountable challenge. However, choosing to pursue legal compensation through a personal injury lawsuit, wrongful death lawsuit, or asbestos trust fund claims can provide victims with critical financial resources and help them hold negligent asbestos companies accountable.  

Many qualified claimants receive compensation packages totalling over $1 million, with some receiving significantly more. Money from legal compensation can help cover living expenses, pay for mesothelioma treatment, provide future security for loved ones, and more.

However, victims have limited time to seek help, making it critical to act quickly.  We can help you determine your eligibility for compensation at no cost and put you in contact with our partner firm, Meirowitz & Wasserberg, an asbestos litigation specialist that has helped thousands of patients and family members recover millions in compensation.

Why Should I Consider Legal Options for a Mesothelioma Diagnosis?

Mesothelioma is a physically devastating disease. Due to the rare and aggressive nature of the cancer, treatment is usually intense, leaving victims unable to work. Mesothelioma treatment is also expensive, costing an average of $400,000 out-of-pocket annually. 

The costs of treatment can pile financial stress on top of the physical and emotional suffering. Funds obtained through legal compensation can help ease the burden on patients and their loved ones. 

Reasons to consider your legal options:

• Get help paying for expensive treatment
• Ensure future financial security for your loved ones
• Hold negligent asbestos companies accountable

Legal Options for Patients & Families

There are three primary ways mesothelioma victims can seek compensation. The legal options available to you will vary depending on the unique circumstances of your case.

Factors that impact your legal options:

• Who is filing the claim
• The circumstances of the responsible companies
• The statute of limitations

The chart below provides some basic information on the various options, who qualifies, and how they work.

Personal Injury Lawsuits

Living mesothelioma victims can file personal injury lawsuits against companies that manufactured, supplied, or used asbestos or asbestos‑containing products. These lawsuits usually allege that the companies failed to warn about or prevent the dangers of asbestos exposure.  

Personal injury lawsuits are tried in civil court. If successful, a lawsuit results in a settlement or verdict requiring the defendant to pay compensation rather than serve jail time. 

Lawsuits offer victims the opportunity to seek high compensation, but can take years to resolve.

Types of damages claimants may receive:

• Economic damages: Compensate for tangible losses like medical expenses, lost wages, reduced earning capacity, etc.
• Non-economic damages: Compensate for intangible distress, such as pain and suffering, loss of enjoyment of life, etc.
• Punitive damages: Punish the defendant for severe recklessness and deter future harm.

Wrongful Death Lawsuits

Mesothelioma wrongful death cases are a type of civil lawsuit filed by surviving dependents or estates following the death of the direct victim. This type of legal claim provides an opportunity for family members and loved ones to seek compensation for the loss of their loved one. 

Due to the aggressive and often terminal nature of mesothelioma, some claimants may die before their lawsuit ends. If this situation occurs, surviving dependents can change the action from a personal injury lawsuit to a wrongful death lawsuit. 

Types of damages claimants may receive:

• Economic damages: Cover final medical expenses, funeral/burial costs, lost wages and benefits, loss of inheritance, etc.
• Non-economic damages: Compensate for loss of companionship/consortium, mental anguish, emotional distress, etc.
• Punitive damages: Punish the defendant for severe recklessness and deter future harm.

Asbestos Trust Fund Claims

Asbestos trust funds are independent financial entities established by asbestos companies during the Chapter 11 bankruptcy process. These trusts exist solely to process and pay claims to eligible claimants, including both living victims and surviving family members, without ever setting foot in a courtroom. 

There are over 60 active asbestos trusts with over $30 billion in remaining funds. Trust funds offer victims a quick, low-stress option for seeking compensation, with payments often arriving within 90 days of filing.

Asbestos trust funds have already paid out over $20 billion in compensation. We can help you identify all the trusts you may be eligible to apply to, but you need to act quickly. If you delay and the statute of limitations passes, you could lose out on significant compensation.

Daniel Wasserberg, Esq.

How Much Can I Expect?

The average compensation package for a qualified mesothelioma victim is over $1 million. However, some victims may receive much more depending on the unique circumstances of their claim. 

Factors that impact claim value include:

• Disease severity
• Victim’s financial losses
• Cost of treatment
• Quality of evidence 
• Victim’s age
• Number of dependants
• Filing location
• Number of companies involved
• Legal options available

Some types of claims are generally worth more than others. Lawsuits tend to offer the highest value, with trial verdicts usually generating more significant compensation than out-of-court settlements. Asbestos trust funds tend to provide lower compensation, but do so quickly and efficiently. 

The comparison table below breaks down the average amounts by type.

How We Can Help

If you or someone you care about has been diagnosed with mesothelioma, we want to help. With a single, free phone call, we can help you determine if you are eligible for compensation and what legal options are available to you. Our expert patient advocates can also provide you with educational resources, help you find and access treatment, and more. 

Most importantly, we can connect you with legal experts who can help you navigate every step of the compensation journey. Meirowitz& Wasserberg, our legal partners, are experts in asbestos litigation who have helped thousands of mesothelioma victims and their family members secure millions in compensation.

We’re proud of our results:

• $39 million to a couple in a talc case
• $32 million for mesothelioma secondary exposure case
• $28.5 million for a pipefitter with lung cancer
• $18 million to a California woman with peritoneal mesothelioma

Asbestos companies knew that their products were dangerous. The harm they did to workers and consumers was not an accident, and they should be held accountable for it. You can get the help and support you deserve today. All you have to do is call to get a free case evaluation.