Overview of Mesothelioma
Welcome to our comprehensive guide on mesothelioma and settlements. Mesothelioma is a rare form of cancer that is caused by inhaling asbestos fibers. The fibers get trapped in the lining of the lungs, heart, or abdomen, causing inflammation and cancerous growths.
Mesothelioma is a devastating disease that affects thousands of people every year. The disease is challenging to diagnose, and the treatment options are limited.
If you or a loved one has been diagnosed with mesothelioma, you may be wondering if you are eligible for a settlement. Settlements are financial compensation that is awarded to mesothelioma victims to help cover the medical costs, loss of income, and other related expenses.
In this guide, we will answer all your questions about mesothelioma settlements and who qualifies to receive them.
Who Gets Mesothelioma Settlements?
Not everyone who has been diagnosed with mesothelioma is eligible for a settlement. The eligibility criteria vary depending on various factors like the severity of the disease, the duration of asbestos exposure, and the location where the exposure occurred.
The following are some of the criteria that are used to determine who qualifies for mesothelioma settlements:
Type of Mesothelioma
There are three types of mesothelioma, which are:
| Type of Mesothelioma | Description |
|---|---|
| Pleural Mesothelioma | Affects the lining of the lungs |
| Peritoneal Mesothelioma | Affects the lining of the abdomen |
| Pericardial Mesothelioma | Affects the lining of the heart |
Each type of mesothelioma has different eligibility criteria for settlements.
Duration of Asbestos Exposure
The duration of asbestos exposure is a crucial factor in determining eligibility for settlements. The longer the exposure, the higher the chances of developing mesothelioma.
Some studies suggest that even a small amount of exposure to asbestos can increase the risk of developing mesothelioma.
Location of Asbestos Exposure
The location where the asbestos exposure occurred is also a critical factor in determining eligibility for settlements. Some industries are more prone to asbestos exposure than others, such as:
- Construction
- Shipbuilding
- Mining
- Automotive manufacturing
- Textile manufacturing
Medical History and Diagnosis
The medical history and diagnosis of the mesothelioma patient are also essential in determining eligibility for settlements. The patient’s medical records will be used to determine the severity of the disease and the expected lifespan of the patient.
The more severe the disease, the higher the settlement amount.
Age of the Patient
The age of the mesothelioma patient is also a crucial factor in determining eligibility for settlements. The younger the patient, the higher the settlement amount.
This is because younger patients have more productive years ahead of them, and their loss of earning potential is higher than older patients.
Who Is Not Eligible for Mesothelioma Settlements?
Not everyone who has been exposed to asbestos and developed mesothelioma is eligible for settlements. Some of the people who may not be eligible for settlements include:
- People who were exposed to asbestos but have not been diagnosed with mesothelioma
- People who were exposed to asbestos but have developed other forms of cancer
- People who developed mesothelioma due to a non-work-related asbestos exposure
FAQs on Mesothelioma Who Gets Settlements?
Q1. Can I file a mesothelioma settlement claim on behalf of a deceased loved one?
Yes, you can file a mesothelioma settlement claim on behalf of a deceased loved one. The process is known as a wrongful death claim, and it allows the family members of the deceased to recover damages.
Q2. How long does it take to receive a mesothelioma settlement?
The time it takes to receive a mesothelioma settlement varies depending on the complexity of the case. Some settlements can be reached in a few months, while others may take years.
Q3. Can I receive a settlement if I do not have a mesothelioma diagnosis?
No, you cannot receive a mesothelioma settlement if you do not have a mesothelioma diagnosis. The settlements are only awarded to mesothelioma victims.
Q4. Can I receive a settlement if I was exposed to asbestos many years ago?
Yes, you can receive a settlement if you were exposed to asbestos many years ago. The statute of limitations varies depending on the state, but most states allow mesothelioma victims to file a claim within two to three years of the diagnosis.
Q5. Do I need a lawyer to file a mesothelioma settlement claim?
It is highly recommended to hire a mesothelioma lawyer to file a settlement claim because they have the experience and knowledge required to handle these types of cases.
Q6. How much money can I receive from a mesothelioma settlement?
The amount of money you can receive from a mesothelioma settlement varies depending on the severity of the disease, the duration of asbestos exposure, and the location where the exposure occurred.
Q7. Will I have to go to court to receive a mesothelioma settlement?
No, most mesothelioma settlements are reached outside of court through negotiations between the plaintiff’s lawyer and the defendant’s lawyer.
Q8. Can I receive a settlement if I am currently receiving workers’ compensation?
Yes, you can receive a settlement if you are currently receiving workers’ compensation. However, the settlement may be reduced to account for the amount received from workers’ compensation.
Q9. Can I receive a settlement if I am on Medicare?
Yes, you can receive a settlement if you are on Medicare. However, Medicare may require reimbursement for the medical expenses related to the mesothelioma treatment.
Q10. Do I need to have a lung biopsy to file a mesothelioma settlement claim?
It is not necessary to have a lung biopsy to file a mesothelioma settlement claim. However, medical records and documentation of the diagnosis will be required.
Q11. How can I find out if I am eligible for a mesothelioma settlement?
The best way to find out if you are eligible for a mesothelioma settlement is to consult with an experienced mesothelioma lawyer. They can evaluate your case and advise you on the best course of action.
Q12. Can I receive a settlement if I am currently receiving Social Security benefits?
Yes, you can receive a settlement if you are currently receiving Social Security benefits. However, the settlement may be reduced to account for the amount received from Social Security.
Q13. How much does it cost to hire a mesothelioma lawyer?
Most mesothelioma lawyers work on a contingency fee basis, which means they do not charge upfront fees. Instead, they receive a percentage of the settlement amount. The percentage varies, but it is typically between 25% and 40%.
Conclusion
Mesothelioma is a devastating disease that affects thousands of people every year. If you or a loved one has been diagnosed with mesothelioma, you may be eligible for a settlement to help cover the medical costs, loss of income, and other related expenses.
However, not everyone who has been diagnosed with mesothelioma is eligible for a settlement. The eligibility criteria vary depending on various factors like the severity of the disease, the duration of asbestos exposure, and the location where the exposure occurred.
If you have any questions about mesothelioma settlements, consult with an experienced mesothelioma lawyer who can evaluate your case and advise you on the best course of action.
Closing
We hope that this guide has provided you with valuable information on mesothelioma settlements. However, we must stress
that this guide is for informational purposes only and should not be taken as legal advice.
If you are experiencing any symptoms of mesothelioma, we encourage you to seek medical attention immediately.
Thank you for reading, and we wish you all the best.
