Settling an asbestos or mesothelioma claim can bring a sense of closure and much-needed financial relief, however, keep in mind that this doesn’t always mean the legal journey is over. Many individuals have questions about what rights they have after settling a case, what obligations still exist and whether future claims or compensation are still possible.
In this blog, we’ll walk through what usually happens after a settlement and whether any future legal action is possible, if new diagnoses or wrongful death claims may still be valid and why ongoing legal support matters even after your case is resolved. This information is for educational purposes only and does not constitute legal advice.
What Happens After an Asbestos Settlement
Settlements are often seen as the end of the legal process, but they come with specific terms and timelines. It’s important to know what you’re agreeing to and what happens next.
Finalizing Settlement Terms
After reaching a settlement agreement, both sides will sign a release that outlines the exact terms. This legal document typically waives your right to sue the same party again for the same issue, which is why it’s so important to fully understand it before signing.
What’s Typically Included
Most asbestos or mesothelioma settlements include compensation for:
- Medical expenses (past and future)
- Lost income and reduced earning ability
- Pain and suffering
- Funeral costs in wrongful death cases
Timeline for Receiving Payment
Payment timelines can range from a few months to over a year, depending on how many defendants are involved, whether asbestos trust funds are used and the details of your agreement. Knowing how settlements work is important and can be discussed with your attorney.
Are All Future Legal Claims Waived?
One of the biggest concerns clients have after a settlement is whether they’ve signed away all future rights. The answer depends on the scope of your release agreement.
Scope of Release Agreements
Most settlements apply only to the parties named in the lawsuit. For example, if you sued a specific employer or manufacturer, the release likely covers claims against that party—but not others.
Can You Sue Other Parties?
Yes. If your exposure came from multiple sources—as is often the case—you may still be eligible to file a claim against other companies or entities that were not part of your original lawsuit. This is particularly relevant in complex occupational exposure cases.
What You Cannot Pursue Again
Once you’ve settled with a party, you generally can’t file another claim against them for the same asbestos-related injury. That’s why having your case thoroughly reviewed by a qualified asbestos lawyer before settling is essential.
Can You Reopen a Case After Settlement?
In most cases, settlements are final. However, there are some rare exceptions.
When Exceptions May Apply
You may be able to reopen a case if:
- Fraud or misconduct occurred during the original lawsuit
- New evidence significantly alters the case
- A new asbestos-related condition develops that wasn’t addressed in the original claim
If your health has changed or worsened since the settlement, talk with an attorney to see if further legal action is possible.
Rights to Compensation for Family Members
When someone you love has suffered or passed away from an asbestos-related illness, the impact on your family can be devastating—emotionally and financially. Even if a legal settlement has already been reached, family members may still have rights to pursue compensation, especially in cases involving wrongful death or secondary exposure if these weren’t included in the original claim.
Wrongful Death Considerations
If a loved one passed away from mesothelioma after settling a personal injury claim, surviving family members may still be able to file a wrongful death claim—especially if the original settlement did not include wrongful death compensation.
Survivor Benefits and Related Claims
Survivors may be eligible for:
- Funeral and burial costs
- Loss of companionship
- Lost future earnings
- Compensation through asbestos trust funds
Legal Options for Unnamed Family Members
Sometimes a settlement only applies to the individual who filed. Spouses, children, or dependents not named in the claim may still be eligible for separate legal action if they were harmed through secondary asbestos exposure—such as through contaminated clothing or home environments.
Continuing Medical & Financial Rights
Even after settlement, individuals may still qualify for other types of assistance.
Ongoing Medical Benefits
Some settlements include provisions for continued medical monitoring or future treatment costs. It’s important to check what ongoing support is covered in your agreement.
Trust Funds and Compensation Programs
If your settlement did not exhaust all available avenues for compensation, you may still be eligible to file claims through asbestos trust funds.
Government Benefits
You may also qualify for additional resources such as:
- Social Security Disability Insurance (SSDI)
- Veterans Affairs (VA) benefits for asbestos exposure during military service
The Importance of Legal Guidance After Settlement
Even after a case is closed, navigating your remaining rights can be complex. Legal mistakes can lead to lost compensation or missed deadlines.
Mistakes to Avoid
Many individuals unknowingly waive other legal options or fail to file additional claims in time. That’s why it’s critical to have an asbestos lawyer review your settlement and advise you on post-settlement options.
When to Seek Legal Support
Contact a mesothelioma attorney if:
- Your health has worsened since the original claim
- You believe another party contributed to your exposure
- A family member has died due to asbestos-related illness
- You’re unsure what your original settlement actually covers
Settling a mesothelioma or asbestos claim brings a sense of closure—but it doesn’t always mean the legal story ends there. You may still have rights to pursue further compensation, protect your family or access support services.
At Shrader & Associates, L.L.P., we help clients understand their rights after settlement and provide trusted legal guidance every step of the way. If you have questions about your settlement or wonder what options you still have, contact us today for a free, compassionate consultation.