Does Mesothelioma Settlement Get Split Between Family?

Learn Everything You Need to Know About Mesothelioma Settlements and Family Rights

Welcome to our comprehensive guide on mesothelioma settlements and family rights. If you or a loved one is facing a mesothelioma diagnosis, you may be wondering what will happen to any financial compensation you receive. Will it be split among family members, or will it go entirely to the victim? In this article, we will provide a detailed explanation of mesothelioma settlements and how they are typically distributed among family members. We hope that this guide will give you a better understanding of what to expect and how to protect your family’s interests during this difficult time.

The Basics of Mesothelioma Settlements

Mesothelioma is a rare and deadly form of cancer that is caused by exposure to asbestos. In many cases, mesothelioma is the result of negligence on the part of an employer or manufacturer who failed to provide adequate protections against asbestos exposure. When a victim of mesothelioma files a lawsuit against a negligent party, they may be awarded a financial settlement in order to compensate for lost wages, medical expenses, and pain and suffering. This settlement can be a significant amount of money, sometimes in the millions of dollars.

So, what happens to this money after it is awarded? Typically, the settlement will be divided up among various parties, including the victim and their family members. However, the way that the settlement is split up can vary depending on the circumstances of the case. In the following paragraphs, we will explore some of the most common ways that mesothelioma settlements are distributed among family members.

How is a Mesothelioma Settlement Divided Among Family Members?

Party	Percentage of Settlement
The Victim	50%
Spouse/Partner	25%
Children	25%

As you can see from this table, the victim of mesothelioma typically receives the largest share of a settlement, usually around 50%. The remaining 50% is then divided among family members, with the victim’s spouse or partner receiving 25% and the victim’s children receiving the other 25%. This is a general guideline that can vary depending on the specifics of the case, such as the number of children involved and whether the victim was married at the time of their diagnosis.

What Happens if There is No Will?

If the victim of mesothelioma does not have a will or estate plan in place, the settlement will be distributed according to state laws regarding inheritance. In this case, the victim’s spouse and children would typically receive equal shares of the settlement, with grandchildren or other relatives receiving a smaller share. It is important to note that these laws can vary depending on the state in which the victim lived, so it is important to consult with an attorney to determine your rights.

Can Other Family Members Receive a Share of the Settlement?

In some cases, other family members may be eligible to receive a share of the settlement if they can demonstrate that they were financially dependent on the victim. This can include parents, siblings, or other relatives who were living with the victim at the time of their diagnosis. In order to be eligible for a share of the settlement, these family members may need to provide documentation of their financial dependence, such as tax returns or bank statements.

What Happens if the Victim Dies Before Receiving the Settlement?

If the victim of mesothelioma dies before they receive their settlement, their estate will typically receive the compensation instead. The settlement will then be distributed according to the provisions of the victim’s will or state inheritance laws, as described above.

Can Family Members Contest the Distribution of the Settlement?

In some cases, family members may disagree over how a mesothelioma settlement should be distributed. For example, one family member may feel that they are entitled to a larger share of the settlement than they have been awarded. In these cases, it may be necessary to contest the distribution of the settlement in court. This can be a difficult and emotional process, so it is important to consult with an experienced attorney before taking any legal action.

What Should I Do if I Have Questions About a Mesothelioma Settlement?

If you or a loved one is facing a mesothelioma diagnosis and you have questions about how a settlement will be distributed among family members, it is important to consult with an attorney who specializes in mesothelioma cases. An experienced attorney can help you understand your rights and explore all of your options for financial compensation. They can also help you protect your family’s interests and ensure that you are treated fairly throughout the legal process.

FAQs About Mesothelioma Settlements and Family Rights

1. What is a mesothelioma settlement?

A mesothelioma settlement is a financial payment made to a victim of mesothelioma or their family for damages caused by asbestos exposure.

2. How is a mesothelioma settlement typically distributed among family members?

Typically, the victim of mesothelioma receives 50% of the settlement, while the remaining 50% is divided among their spouse/partner and children.

3. What happens if the victim of mesothelioma does not have a will?

If the victim does not have a will, the settlement will be distributed according to state laws regarding inheritance.

4. Can other family members receive a share of the settlement?

In some cases, other family members may be eligible for a share of the settlement if they can demonstrate financial dependence on the victim.

5. What happens if the victim dies before receiving the settlement?

If the victim dies before receiving the settlement, their estate will typically receive the compensation instead.

6. Can family members contest the distribution of the settlement?

Yes, family members can contest the distribution of the settlement if they feel that they have not been treated fairly.

7. What should I do if I have questions about a mesothelioma settlement?

If you have questions about a mesothelioma settlement, it is important to consult with an attorney who specializes in mesothelioma cases.

Conclusion

Dealing with a mesothelioma diagnosis is never easy, and determining how a settlement will be divided among family members can be a sensitive and emotional issue. However, by understanding your rights and exploring all of your options for financial compensation, you can ensure that you and your family are protected during this difficult time. We hope that this guide has provided you with helpful information and resources that can help you make informed decisions about your mesothelioma settlement.

If you or a loved one is facing a mesothelioma diagnosis, we encourage you to seek the advice of an experienced attorney who can help you navigate the legal process and ensure that your family’s interests are protected. Remember, you have the right to financial compensation for the damages caused by asbestos exposure, and you do not have to face this difficult time alone.

Closing/Disclaimer

This article is for informational purposes only and should not be taken as legal advice. If you have questions about mesothelioma settlements and family rights, please consult with an attorney who specializes in mesothelioma cases. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the information contained in this article. Any reliance you place on such information is therefore strictly at your own risk.