Mesothelioma Compensation

Everyone who decides to pursue legal options for exposure to asbestos hopes that the outcome will be positive and will involve some monetary compensation that will help address expenses such as medical bills, loss of income, and funds for survivors of the victim.

The compensation from mesothelioma lawsuits runs the gamut from small amounts to very sizeable sums in the millions of dollars, but every case is different from the next, and it's often difficult to predict what compensation might entail and whether or not the plaintiff will even receive a settlement verdict in their favor. However, an experienced asbestos attorney is well-equipped to decide whether your case is viable and likely to be awarded compensation.

Settlements

Once your attorney files the proper papers for your asbestos lawsuit, the defendant(s) can respond in a number of different ways. While they may deny guilt, they also may admit responsibility and offer to make a monetary settlement without going to court. If this is their wish, their attorney will contact your attorney with details of the settlement. Your attorney will carefully review the settlement offer and decide whether it is in your best interest to accept the terms. They will explain the terms to you carefully, and if you decide together that it is acceptable, you will sign the appropriate papers and the case will be closed. At this point, you will not go to trial and cannot sue the defendants again. In the case of multiple defendants, some may offer a settlement while others may choose to go to trial.

Trial Verdicts

If defendants do not want to settle out-of-court, your case will go to trial. At the close of the trial, the defendant will be found guilty or not guilty. If the defendant is found guilty, monetary compensation will usually be awarded to the plaintiff. There is no set mesothelioma compensation, so what you receive will depend on your individual case and such factors as medical bills and lost income.

Once the compensation is determined, the defendant has the right to appeal the award. This will stall the receipt of the money, though the defendant will need to post "bond" for the amount awarded. The appeals process can be quite long so it may be some time before any money is dispersed. If the appeal is successful, the defendant will not have to pay and the case will be considered complete.

Bankruptcies and Trust Funds

Throughout the last few decades, many companies that produced asbestos products have declared bankruptcy due to an onslaught of mesothelioma lawsuits filed against them. That doesn't mean that the company has no money it all; it just means they may be unable to come up with funds to address all the lawsuits against them, and as a result, they file for bankruptcy in federal court. This typically indicates their liabilities exceed their current assets.

In many cases, what has arisen from these bankruptcy cases is the formation of mesothelioma compensation funds - sometimes referred to as trust funds. These are formed when the court orders these companies to set up funds for asbestos victims to be compensated.

While these funds are certainly a positive step towards taking care of those sickened by exposure to asbestos, there can be problems with these accounts when they are under-funded and cannot accommodate the needs of all victims. Also, it can take a little while to collect compensation from these trust funds, which is why it is best to seek the assistance of an experienced mesothelioma lawyer.

VA Claims

Many individuals who served in the military were exposed to asbestos, especially those who worked in shipbuilding during World War II. These veterans have a right to file a claim with the Veterans Administration seeking compensation for the injuries developed while serving their country. The Veterans Assistance Department at Asbestos.com offers free assistance with filing claims, as the paperwork can be confusing and complicated. For more information please call 800-615-2270 or contact our Veterans Assistance Department

Additional Resources

Resources available at Asbestos.com can only offer basic assistance in understanding the generalities of the mesothelioma litigation process.  If you seek legal information, it is always a good idea to  speak with a qualified lawyer of your choosing to ensure that you get accurate information regarding any potential claim that you might have.