If you or a family member has been diagnosed following asbestos exposure (even from decades ago), there is a powerful chance you could receive mesothelioma compensation.
This cancer was not your fault. Companies have been required to manage asbestos exposure ever since the Occupational Safety and Health Administration (OSHA) was formed in the 1970s.
We know that a mesothelioma diagnosis can have a devastating effect on one’s life. From the obvious health consequences and medical bills to financial planning and long-term care, it takes a significant toll on families.
Your damages deserve to be compensated, to help your family move forward, and to provide some sort of accountability for your suffering.
At Shrader & Associates, L.L.P., we’ve collected evidence on asbestos exposure for decades and have a head start to help you win a case. In this guide, we’ll explain what types of compensation you may be entitled to.
Types of Compensation for Mesothelioma
There are two main types of mesothelioma compensation. These are called ‘damages’ and include:
- Economic damages: Those with a fixed economic value.
- Non-economic damages: Those with a debatable economic value.
Economic Mesothelioma Damages: Covering Financial Losses
Economic damages are those tied directly to the illness and are supported by solid evidence of their value.
Economic damages may include:
- Medical expenses: Including past and future, such as surgery, chemotherapy, radiation, prescriptions, and specialist visits.
- Travel costs for your treatment.
- Lost wages for work you’ve missed due to treatment or health issues.
- Reduced earning capacity.
- Home care or home modifications, such as mobility equipment or in-home nursing.
- Funeral and burial expense: Claimed through a wrongful death mesothelioma claim by a surviving family.
Many of these costs are apparent right away, especially when there is evidence such as medical bills. For this reason, it’s advised that you guard any documentation to support your claim, including medical records and employment history.
In other cases, they may appear over time or require specialist estimations. For example, your spouse or a family member may have had to reduce their working hours to provide in-home care to the victim.
As we investigate your case, the valuation may change substantially. We will always do our best to estimate the actual value and strength of your claim.
Non-Economic Mesothelioma Damages: Compensation for Pain and Suffering
Non-economic damages in a mesothelioma compensation case are for those that are not measured in bills and receipts.
Although their value may not be immediately clear, they should never be overlooked and can be substantial. We take them very seriously, as they act as a compensation for the emotional and physical suffering you and your family endure daily.
Non-economic damages may include:
- Pain and suffering, such as physical discomfort and anguish.
- Emotional distress, such as anxiety, depression, PTSD, fear, and insomnia.
- Loss of enjoyment of life, such as being unable to perform hobbies you once loved.
- Disfigurement and scarring.
- Disability or physical impairment.
- Loss of consortium.
- Inconvenience and disruption to daily life.
Punitive Damages: Holding Companies Accountable
Punitive damages are an additional type of damages, paid in addition to compensatory damages. They are usually claimed only in severe cases, such as fraud, oppression, malice, or gross negligence.
Punitive damages are not intended to cover your losses, but instead send a message that overlooking health concerns doesn’t go without consequence.
In mesothelioma cases, punitive damages may apply if evidence shows a company:
- Knew asbestos was dangerous
• Failed to warn workers or the public
• Continued using asbestos anyway
State law and circumstances play a significant part in determining what’s possible with punitive damages. Our attorneys can explain whether they apply to you and how they fit in a potential mesothelioma claim.
Mesothelioma Settlement vs Trial Compensation
How Mesothelioma Settlements Work:
In most mesothelioma cases, an out-of-court settlement is preferred over a lengthy trial. Settlements can be reached quickly and provide access to compensation, reducing the stress of a courtroom process.
To gain a settlement, we present the defending party with a claim that is stacked with evidence that shows where they were negligent and what you deserve in compensation.
How Mesothelioma Trials Work:
If the defending party isn’t being fair with your compensation in a settlement offer, then a court trial may be required.
Sadly, trials can take months or even years to conclude. They involve a jury, which requires robust evidence to convince. However, with a jury, the potential compensation value increases.
In these cases, our attorneys handle the stress on your behalf.
These trials are civil. Unlike criminal trials, where the state must prove guilt beyond a reasonable doubt, civil trials require us to present a preponderance of the evidence.
That means giving high-quality evidence to demonstrate all four elements of negligence:
- Duty of care: The defendant had a legal duty to take reasonable steps to protect you from asbestos exposure (such as by providing warnings, respirators, or safeguards).
- Breach of duty: The defendant failed to discharge the duty of care by failing to provide warnings, protections, or practices to prevent that exposure.
- Causation: There is evidence of your exposure to asbestos that can be a substantial contributing factor to developing mesothelioma.
- Damages: Proof that actual harm was caused, such as the damages listed above.
How Much Compensation Could I Get From a Mesothelioma Claim?
Mesothelioma lawsuit payout can vary widely depending on the facts of the case. We have seen instances with payouts ranging from hundreds of thousands to millions of dollars.
Key factors include:
- The severity of the cancer
- The stage of the cancer
- Your age and salary
- How and where the toxic work exposure occurred
- How many companies are involved
- Available insurance or trust fund coverage
- The value of damages you’ve suffered.
For a closer look, this overview of how a mesothelioma settlement works explains the process in more detail.
Trust Fund Claims for Mesothelioma Victims
With such a high demand for asbestos-related disease claims back in the 1980s, trust funds were created by at-fault companies to compensate victims, as the companies went into bankruptcy.
Today, there are around 60 active trust funds, bank accounts set up to compensate victims and their families. That includes mesothelioma victims for current and future asbestos claims.
If you were working at a company or location with one of these trust funds, you may be able to submit an asbestos trust fund claim.
To submit a mesothelioma trust fund claim, the claim must include:
- Documentation of the diagnosis.
- A physician’s statement that confirms the mesothelioma diagnosis.
- Evidence of where you were exposed to asbestos.
- Any medical records that state exposure led to your or a family member’s current diagnosis.
How Much Is a Mesothelioma Trust Fund Payout?
As with regular mesothelioma Cases, a trust fund payout can range from thousands to millions, depending on:
- Your age
- Your job
- The severity of the cancer
How Shrader & Associates, L.L.P. Can Help You Recover Mesothelioma Compensation
Mesothelioma compensation claims are complicated and require deep digging into the past. However, you are still entitled to compensation for exposure that occurred decades ago.
At Shrader & Associates, L.L.P., our experience and expertise in handling asbestos cases nationwide enable us to uncover evidence to build a strong case that secures the compensation you deserve.
We have collected decades’ worth of information, sources, and evidence on asbestos cases. We can help build a case, regardless of whether you worked in construction, manufacturing, shipping, the military, power plants, mining, or automotive.
We will be happy to reduce your burden by handling the paperwork and stressful communications.
We invite you to a free case evaluation with our experienced mesothelioma lawyers, who can guide you toward a successful outcome. Contact us today to explore your options.
FAQs: Mesothelioma Compensation
-
- How long does it take to receive compensation?
It depends. Some trust fund claims are resolved within months. Lawsuits and settlements may take longer. Case complexity and jurisdiction both play a role. - Can family members file a claim if the patient has passed away?
Yes. Many states allow family members to pursue a wrongful death mesothelioma claim. Requirements vary by state. - Are there deadlines to file a mesothelioma claim?
Yes. Every state has statutes of limitations. Missing a deadline can affect your ability to recover compensation, which is why early legal guidance matters. Note, however, that this is usually based on the time passed since diagnosis, not since exposure. So, even exposure from decades ago is applicable. - How can I claim mesothelioma compensation?
To make a mesothelioma compensation claim, you need to present it to the at-fault party (such as an employer). This is best done with the support of an experienced mesothelioma attorney, who has the resources and expertise to craft a case that is stacked with evidence.
- How long does it take to receive compensation?