Mesothelioma Compensation

Quick Summary

Mesothelioma compensation can come as a result of filing a successful claim against asbestos companies or through asbestos bankruptcy trust funds. Veterans have the additional option of also pursuing benefits through the Department of Veterans Affairs (VA). Compensation amounts vary and are based on the strength of a person’s claim.

Why Mesothelioma Victims Deserve Compensation

When it comes to mesothelioma, the important thing to remember is: It’s not your fault.

Mesothelioma is a needless disease that is the direct result of asbestos companies that prioritized their profits over people. Instead of using safer alternatives, these companies chose to use asbestos because it was cheap and they could profit greatly.

American men and women who developed mesothelioma as a result of exposure to asbestos may be eligible to pursue compensation through a few different avenues.

Victims can pursue mesothelioma compensation through:

  • Lawsuits
  • Asbestos trust funds
  • Workers’ compensation
  • VA benefits

Sokolove Law has spent decades helping families get the mesothelioma compensation they may deserve — and we’re equipped to help you, too.

Types of Mesothelioma Compensation

The type of mesothelioma compensation claim filed will differ for each individual patient and/or their family. However, all claims share the same goal: to secure the necessary funding to help pay for this deadly disease.

Asbestos Trust Funds

Asbestos companies were driven out of business due to the mounting asbestos lawsuits they were facing. To protect themselves, many filed bankruptcy.

The courts ordered them to set up trust funds to pay claims for future victims. An estimated $30 Billion has been set aside in these funds.

Mesothelioma Settlements

A mesothelioma settlement is the result of a mesothelioma lawsuit. Over 95% of the time, these lawsuits will settle out-of-court before reaching a trial before a jury.

Mesothelioma Verdicts

A mesothelioma verdict is the result of a mesothelioma lawsuit that has been to trial before a jury. Reaching a verdict takes longer than reaching a settlement and is often considered riskier.

That said, if successful, mesothelioma verdicts are typically worth more than settlements.

Veterans’ Benefits

For veterans who have developed mesothelioma, applying for veterans’ benefits through a VA claim is one way to receive health care and monthly payments.

Free Case Review

Sokolove Law has assisted over 6,000 families and recovered over $4.5 Billion for those harmed by asbestos. Learn how we can help you, too.

Free Case Review

Mesothelioma Compensation Eligibility

Eligibility requirements will vary depending on the type of mesothelioma compensation being pursued.

At the most basic level, in order to be considered “eligible,” you must have:

  • A confirmed medical diagnosis of mesothelioma (or another asbestos-related disease)
  • A history of asbestos exposure through a job that involved the use of asbestos, or a history of asbestos exposure through asbestos-containing products

Experienced mesothelioma lawyers will have knowledge specific to asbestos laws by state and the requirements needed to qualify for each type of mesothelioma compensation.

Hiring an asbestos law firm is the best way for a mesothelioma victim and/or their family to determine the best way to pursue compensation.

General Eligibility Requirements for Mesothelioma Compensation by Type
Lawsuit
  • Confirmed mesothelioma diagnosis
  • Work or other records proving asbestos exposure took place at a certain place and/or with use of certain asbestos-containing products
  • Proof of defendant’s negligence
Trust Fund
  • Confirmed mesothelioma diagnosis
  • Asbestos-related company responsible for exposure is defunct, has filed for bankruptcy, and has established an asbestos trust fund
  • Records that prove claimant was exposed to asbestos while at specific worksite or while using certain asbestos-containing products
Workers’ Compensation
  • Confirmed mesothelioma diagnosis
  • Documents showing whether or not the company responsible took proper steps to safeguard workers from asbestos exposure
  • Records proving place of exposure and length of time exposed at jobsite
Veterans Administration Benefits
  • Confirmed mesothelioma diagnosis
  • Veteran status without record of dishonorable discharge
  • Proof of military-related asbestos exposure

 

Steps for Receiving Mesothelioma Compensation

Securing mesothelioma compensation requires both time and the help of a reputable mesothelioma law firm.

Each claim type has its own unique process, but generally speaking, a claim begins with eligibility and — if successful — ends with compensation.

Step 1. Determine Your Eligibility

Eligibility for pursuing compensation of any kind requires a confirmed medical diagnosis of mesothelioma.

Step 2. Contact a Mesothelioma Law Firm

After a mesothelioma diagnosis, a patient should immediately begin looking for reputable mesothelioma law firms. If a patient is not healthy enough or has already passed away from mesothelioma, then a direct family member can pursue a claim on their behalf.

The best mesothelioma law firms:

  • Have many years’ worth of experience — preferably decades’ worth — in litigating mesothelioma cases specifically

Sokolove Law has over 40 years of experience handling mesothelioma and other asbestos-related disease claims.

  • Have a nationwide reach, which allows them to file a claim in any state — maximizing a legal claim’s potential value

We are one of the first truly nationwide firms, which allows us to pursue legal claims in any state, maximizing your potential compensation.

  • Have amassed a wealth of legal resources, including databases of asbestos exposure information and warehouses of evidence against asbestos-related companies

Our team of lawyers has access to thousands of resources from medical experts who work with mesothelioma patients every day and extensive documentation on asbestos-containing products and companies.

  • Have a long track record of success — in which the law firm has been to trial and won large verdict amounts in addition to securing high settlement amounts for past clients

Sokolove Law has helped over 6,000 people secure more than $4.5 Billion and counting in financial compensation.

Free Case Review

Your first consultation with Sokolove Law is always free.
Start this process now — get a free case review.

Free Case Review

3. File a Mesothelioma Compensation Claim

The mesothelioma law firm will then file the mesothelioma claim on behalf of the patient. Depending on the patient’s or family’s situation, this legal claim can either be a personal injury lawsuit or a wrongful death lawsuit.

The claim will contain details of:

  • Asbestos exposure
  • Medical history
  • Work history
  • Proof of asbestos-company negligence

Because remembering specific details can sometimes be difficult, all of these details will be gathered with the help of a patient’s or family’s selected law firm.

Common Questions About Mesothelioma Compensation

Compensation is essential for those who are affected by asbestos-related diseases and their family members.

How can mesothelioma compensation help?

Because mesothelioma and other illnesses linked to asbestos exposure are rare and especially difficult to treat, expenses can add up quickly.

These expenses should not be the responsibility of the mesothelioma patient or their family. The companies responsible for a person’s asbestos exposure should cover any and all expenses associated with the disease.

Mesothelioma compensation can help a patient and their family pay for:

  • Past medical costs
  • Future medical costs/procedures
  • Costs associated with hiring home help or caretakers
  • Counseling or emotional therapy
  • Physical therapy
  • Wages lost to inability to work
  • Pain and suffering
  • Everyday living expenses
  • Financial security

The above does not serve as an exhaustive list of all expenses, and the amount of money secured will vary based on the type of compensation pursued and the severity of exposure, economic loss, and other factors.

How much mesothelioma compensation can a patient get?

It’s understandable that many people want to know how much their mesothelioma case might be worth. But the truth is, a direct answer is very difficult to give without knowing the specifics of a case.

Mesothelioma case values vary greatly, depending on the elected pathway to compensation. A full case evaluation is needed to determine the potential outcome.

The 3 types of compensation listed below are generally considered to be the claim types with the highest compensation amounts.

Asbestos Trust Fund Amounts

There are approximately 60 different trust funds available for asbestos claimants to seek compensation from. Collectively, these funds are worth over an estimated $30 Billion.

Each claim is evaluated and, if a claim is successful, a certain percentage of the trust-fund payment is paid out accordingly.

The median payout amount is $180,000, but the amount varies greatly based on the type of disease associated with a claim. For example, some mesothelioma claims can pay out as much as $750,000 or more.

Mesothelioma Settlement Amounts

Mesothelioma settlements are a quicker path to compensation than going to trial. Some settlements are reached within 90 days, though it typically takes longer — often several months or up to a year.

To reach a settlement, a legal claim must be filed against a solvent company, and the company must agree to an amount to offer a claimant. The decision is legally binding.

Data compiled by Mealey’s Litigation Report shows that the average mesothelioma settlement falls within range of $1 Million and $1.4 Million. Settlement amounts vary and can fall outside of this range based on the strength of a case’s evidence.

Mesothelioma Verdict Amounts

Taking a mesothelioma case to trial has the highest risk among these 3 different forms of compensation.

There is no guarantee that a jury will side with a claimant, and bypassing a settlement for a verdict can potentially jeopardize any compensation amount agreed upon by both parties beforehand.

Mealey’s Litigation Report shows that sometimes, however, this risk pays off. According to data, the average mesothelioma verdict is around $2.4 Million, or double that of a typical mesothelioma settlement.

Can family members receive mesothelioma compensation?

Often, family members of the deceased reach out to law firms to ask whether or not they can file a lawsuit on behalf of their deceased husband, wife, father, mother, brother, or sister. In many cases, a family member’s ability to file a lawsuit depends on whether or not they are named as the estate representative of the deceased

Many successful mesothelioma cases, whether they resulted in a settlement or verdict, are filed by the family members of a person who was diagnosed with and died from mesothelioma.

In circumstances like these, mesothelioma law firms will encourage family members to file — if eligible — a wrongful death lawsuit. If successful, the result of a wrongful death lawsuit can provide financial resources that help pay for past-due medical bills, funeral costs, and more.

Contact Sokolove Law

Do you have additional questions? Reach out to a trusted mesothelioma case manager at Sokolove Law.

Contact Us

Pursue the Mesothelioma Compensation You May Deserve

Navigating the claims process on your own is extremely difficult and almost always requires the help of a well-established law firm.

Highly regarded law firms like Sokolove Law will help those eligible to pursue the mesothelioma compensation they may deserve. Sokolove Law will also help patients understand all of their available legal options.

Over the past 40 years, Sokolove Law has helped secure over $4.5 Billion in compensation for victims of mesothelioma and other asbestos-related diseases. Our firm prides itself on helping victims who were wrongly injured by reckless corporate behavior.

To learn if you may be eligible for compensation, start your free case review now.

Author:Sokolove Law

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and mesothelioma attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of mesothelioma and their families.

Last modified: December 12, 2019

View 2 Sources
  1. Manville Personal Injury Settlement Trust. 2002 trust distribution process; January 2012 revision. Retrieved from
    http://www.claimsres.com/wp-content/uploads/2016/11/2002-TDPJanuary-2012-Revision.pdf. Accessed July 9, 2019.

  2. Rand Institute for Civil Justice. “Asbestos Bankruptcy Trusts.” Retrieved from
    https://www.rand.org/content/dam/rand/pubs/technical_reports/2010/RAND_TR872.pdf. Accessed July 9, 2019.