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Mesothelioma Cases: Claiming Mesothelioma Compensations

8. mesothelioma compensations

Claiming compensation for exposure to asbestos and mesothelioma cases needs the help of a law firm who have experience in handling mesothelioma legal suits. Your responsibility is to find the right legal team who are experts in mesothelioma litigation and the rest of the legal suit will be taken cared by them. Based on your legal claims you can expect maximum compensation.

In this article, you can learn more about the various types of mesothelioma compensation and what you can expect during the mesothelioma cases legal process.

Types of Asbestos Compensation

For mesothelioma cases claims, there are four kinds of compensation available today.

Settlements

Most of the mesothelioma legal suits get settled than going through a jury trial. The majority of the companies or employers (defendants) like to settle claims instead of a trial.

Whether your claim gets a settlement or passes through a trial, you should file a complaint with the help of a law firm and it will be the first step in the legal suit. You can receive maximum compensation for personal injury or wrongful death with the assistance of your law firm.

Asbestos Bankruptcy Trust Funds

Since exposure to asbestos dates back to many decades, various businesses that manufactured, sold, distributed or employed workers to use asbestos products faced bankruptcy. Although such companies have gone out of business you can claim and receive compensation from them.

Companies had to compensate mesothelioma claims, so they established asbestos trusts.  These asbestos trust funds generally have a set of criteria, and mesothelioma patients who meet those required criteria can receive compensation.

Jury Awards

If the defendant is not interested in settlement, your legal suit may go to a trial. When the defendant is held responsible for the injury due to asbestos exposure, you can expect compensation which will be determined by a jury. This compensation is called a jury award and will be paid to the injured party. The awarded compensation will include damages and actual expenditures.

A skilled lawyer will guide you on the strength of your mesothelioma suit and will facilitate a positive verdict that gives you highest compensation.

Compensation for Veterans

Veterans who served in the U.S Army, Navy, Marine and Coast Guard are one of the most affected populations of mesothelioma, since they were exposed to asbestos-containing products in naval vessels, aircrafts and navy ships. Consequently, mesothelioma was listed under the diseases that make up the criteria for disability benefits by the U.S Department of Veteran Affairs (VA).

VA also offers no-cost health benefits for retired military personnel who contracted mesothelioma and other service-related disabilities.

Please read our detailed article about mesothelioma and veterans to understand the risk of this disease in relation to military service during the 1930s to 1970s.

How Much Will Be Your Compensation? 

Mesothelioma claims do not have a fixed amount. Each mesothelioma suit needs an assessment and the amount of your compensation will be based on the following factors which may apply on a case-to-case basis:

  • Places of your work, or military service
  • Your current age, when you had asbestos exposure and when you were diagnosed with mesothelioma
  • List of materials or products that contain asbestos which you were exposed to
  • How much physical or mental anguish (pain and suffering) you experienced as a result of your disease (the extent of physical and mental sufferings due to asbestos exposure)

 

Additionally, your compensation will also include lost wages, financial support for your dependents, medical expenses for diagnosis and therapy, travel expenses which are related to treatment and even funeral costs in case of deceased victims.

In most mesothelioma cases, jury awards will also add punitive damages in order to penalize the defendant company.

If you have any questions related to filing a mesothelioma suit, read it from our detailed frequently asked questions section.

References

Mesothelioma compensation. Retrieved February 10, 2017, from https://www.mesothelioma.com/lawyer/compensation/