Compensation for Mesothelioma Victims: Understanding Your Rights

Mesothelioma is a rare and aggressive form of cancer caused by exposure to asbestos. This disease can take up to 50 years to develop, and by the time it is diagnosed, it is often too late to treat effectively. Victims of mesothelioma and their loved ones are faced with physical, emotional, and financial burdens that can be overwhelming. However, there is hope for compensation that can help alleviate some of these burdens. In this article, we will discuss the legal options available for mesothelioma victims and the compensation they may be entitled to.

What is Mesothelioma?

Mesothelioma is a rare and aggressive form of cancer that develops in the thin layer of cells that line the body’s internal organs, known as the mesothelium. This cancer is most commonly found in the lining of the lungs or chest wall, but can also occur in the lining of the abdomen, heart, or testicles. The primary cause of mesothelioma is exposure to asbestos, a fibrous mineral used in construction, manufacturing, and other industries until the late 1970s.

Who is at Risk for Mesothelioma?

Anyone who has been exposed to asbestos is at risk for developing mesothelioma. However, certain occupations are at a higher risk due to the nature of their work. These include:

Occupations at High Risk for Mesothelioma
Construction workers
Shipbuilders and dock workers
Industrial workers
Electricians and plumbers
Military veterans

It is important to note that even those who have not worked in these industries can still be exposed to asbestos in their homes, schools, or public buildings that were constructed with asbestos-containing materials.

Legal Options for Mesothelioma Victims

Victims of mesothelioma and their families have the right to seek compensation for the damages caused by exposure to asbestos. There are two main legal options available for mesothelioma victims:

1. Filing a Lawsuit

Victims can file a lawsuit against the manufacturers, suppliers, or employers responsible for their exposure to asbestos. These lawsuits can result in a financial award for medical expenses, lost wages, and pain and suffering. However, lawsuits can be lengthy and expensive, and plaintiffs may need to go to trial to receive compensation.

2. Filing a Claim with an Asbestos Trust Fund

Many companies that used asbestos have established trust funds to compensate victims who were exposed to their products. Victims can file a claim with these trusts to receive compensation without going to court. However, the amount of compensation may be less than what could be obtained in a lawsuit, and the process of filing a claim can be complex.

Compensation You May Be Entitled To

The amount of compensation a mesothelioma victim may be entitled to depends on various factors, including the severity of the illness, the extent of exposure to asbestos, and the victim’s age and income. Compensation can be received through settlements, verdicts, or trust fund claims, and may include:

1. Medical Expenses

Compensation may be awarded for the cost of medical treatment related to mesothelioma, including surgery, chemotherapy, radiation, and medication.

2. Lost Wages

If a victim is unable to work due to mesothelioma, they may be entitled to compensation for lost wages and future earnings.

3. Pain and Suffering

Victims may also be entitled to compensation for the physical and emotional pain and suffering caused by mesothelioma.

Frequently Asked Questions (FAQs)

1. What is the average settlement for mesothelioma?

The average settlement for mesothelioma varies widely depending on individual circumstances, but can range from $1 million to $10 million.

2. How do I know if I have a case for mesothelioma compensation?

If you have been diagnosed with mesothelioma and have a history of asbestos exposure, you may have a case for compensation. It is recommended that you speak with an experienced mesothelioma lawyer to assess your legal options.

3. How long does it take to receive compensation for mesothelioma?

The timeline for receiving compensation for mesothelioma can vary depending on the legal option chosen and the complexity of the case. Lawsuits can take several years to settle or go to trial, while trust fund claims can be processed more quickly.

4. Can I still file a lawsuit if the company that exposed me to asbestos is no longer in business?

Yes. Even if the company is bankrupt or no longer in business, victims can still file lawsuits and claim compensation from asbestos trust funds.

5. How much does it cost to hire a mesothelioma lawyer?

Many mesothelioma lawyers work on a contingency basis, meaning they only get paid if you receive compensation. Their fees are typically a percentage of the compensation received, and can range from 25% to 40%.

6. Can I file a claim on behalf of a loved one who has passed away from mesothelioma?

Yes. If your loved one has passed away from mesothelioma, you may be entitled to file a wrongful death lawsuit or claim compensation from an asbestos trust fund.

7. What if I am not sure when or where I was exposed to asbestos?

If you are not sure when or where you were exposed to asbestos, an experienced mesothelioma lawyer can help investigate your case and identify potential sources of exposure.

Take Action Today

If you or a loved one has been diagnosed with mesothelioma, it is important to act quickly to protect your legal rights and seek compensation for your losses. Contact an experienced mesothelioma lawyer to assess your legal options and start the process of seeking justice.

Remember, compensation cannot undo the damage that has been done, but it can provide much-needed financial assistance and hold responsible parties accountable for their actions.

Disclaimer

The information provided in this article is for educational purposes only and does not constitute legal advice. Mesothelioma cases can be complex and vary depending on individual circumstances. It is recommended that you speak with an experienced mesothelioma lawyer to seek specific legal advice for your case.