Mesothelioma Compensation

Name: Why Should I File a Mesothelioma Lawsuit?
Uploaded: 2021-04-23
Description: Simmons Hanly Conroy talks about filing a mesothelioma lawsuit.

Many U.S. veterans with mesothelioma are entitled to financial compensation. The average mesothelioma payout is $1 million, but you may be eligible for more or less depending on your situation. Lawsuits, asbestos trust funds, the VA, and other sources can all provide compensation for mesothelioma. You may receive money from a lawsuit settlement or trust fund claim in under one year, while compensation from a trial generally takes years.

Why Should I File a Mesothelioma Lawsuit? Video Thumbnail

Featured Law Firm: Simmons Hanly Conroy talks about filing a mesothelioma lawsuit. View Transcript.

John Barnerd (00:04):
Our clients are everyday people.
Michael Angelides (00:06):
We represent more mesothelioma victims on an annual basis than any other firm in the country.
John Barnerd (00:13):
Our clients are just like your mother, your father, your grandparents.
Michael Angelides (00:17):
We get our cases to trial faster than any other law firm in the country.
John Barnerd (00:21):
They are people who went to work every day, not knowing they were being exposed to a poison.
John Simmons (00:26):
This is the last thing they bargained for, they were going to give their life for their paycheck.
John Barnerd (00:33):
They worked hard, did what they were supposed to do.
Michael Angelides (00:35):
At Simmons Hanly Conroy, we stand for our clients every day, representing them and their needs across the country.
John Barnerd (00:44):
Mesothelioma is a cancer of the lining of the lungs. It’s caused almost exclusively by asbestos.
Amy Fair (00:51):
It inhibits the lungs to expand and breathe, so it causes sort of a suffocation.
Michael Angelides (00:56):
Unfortunately, when people are exposed to asbestos, it takes a potentially very long time for them to develop a disease.
Nick Angelides (01:04):
And it was a ticking time bomb that these people were breathing in. And if they weren’t going to be hurting for decades, the companies believed that most of the time, people wouldn’t be able to prove their cases.
Michael Angelides (01:15):
And so the disease goes on. People continue to get sick. And that’s where Simmons Hanly Conroy comes in.
Perry Browder (01:23):
The attorneys that we have here that work for this firm are the hardest working attorneys around. We have over 100 people dedicated to working on mesothelioma, and asbestos cases. They share information with each other, they spend hours upon hours trying to fight and do everything possible for these families. But the best part about it is they’re very personable. They know their job is to get results for the family and have a financial recovery, but they care about these individuals.
Amy Garrett (01:53):
Many of the clients that we meet with are very hesitant to file a lawsuit. And they ask that question a lot. I don’t file lawsuits. I don’t believe in them. Why would I do this? And I almost always give them the same answer. It’s because the companies who made these products knew that it was killing people, and they made a financial decision to do it anyway.
John Barnerd (02:17):
Asbestos was used in almost everything you can think of, from floor tiles and ceiling tiles, to construction materials, to insulation materials. It was used in baby clothing. The range of uses for asbestos is almost limitless.
Nick Angelides (02:31):
And asbestos, it’s not like other poisons. It doesn’t smell bad. It doesn’t make you itch. There are no natural defense mechanisms that people have to tell them that something’s bad.
Perry Browder (02:43):
We have a series of people that are experts, whether it’s working on Navy cases, steel mills, all the way to obscure professions, like people in the printing industry that ran printing machines. We know what these asbestos containing materials are so that we can follow that person’s exposure to get the right companies to get the right recovery.
Michael Angelides (03:05):
Historically, our clients that contracted mesothelioma were union members. You name it, if you were in the trades, you probably were exposed to a large amount of asbestos.
John Barnerd (03:18):
And then the loved ones of those people, whether it be a wife or a child, where the fibers from the asbestos came home on their clothing and then they did the laundry or they were hugging them at the end of the day or riding in the same cars.
Amy Garrett (03:32):
Unfortunately, a lot of the clients that we meet are family members of deceased mesothelioma patients. We can represent the families.
Ted Gianaris (03:40):
Because they didn’t warn. They didn’t substitute. They didn’t test. They just made a lot of money and exposed a generation.
Amy Garrett (03:51):
Oftentimes if people have recently been diagnosed and they don’t really know what to do about treatment, the first thing we’ll usually do is have them talk to our nurse.
Amy Fair (04:01):
To our department, our clients really are patients. We address their medical needs first and try and be a resource for them.
John Simmons (04:08):
The medical department as all the medical, for every case. And it frees the attorneys up to just focus on what they have to focus on.
John Barnerd (04:17):
One of the special things about what we do is there’s really no place we won’t go to work for people and they don’t have to travel to come to us. We will come to them. Most every lawyer at our office is the first generation lawyer in their family. And that’s because most of all the attorneys in this firm have come from working class families.
Ted Gianaris (04:40):
Blue collar families, blue collar backgrounds. Dads were union members, parents were in the service.
John Barnerd (04:46):
They have a better appreciation for the folks who go out every day and break their backs to build a product for somebody else, build our roads, construct something. And so they have a genuine care and dedication towards the people that we represent.

Legally edited and fact-checked by: Brian J. CookeMesothelioma Lawyer and U.S. Marine Corps Veteran

Topics on this page:

Compensation Types
Amounts
Benefits
Steps to File

Types of Mesothelioma Compensation

Mesothelioma compensation can come from many different sources.
Explore your options below.

Some manufacturers of asbestos-based products established trust funds so they could pay victims but avoid being sued. Asbestos trust funds contain over $30 billion in mesothelioma compensation, and you may be able to get money from more than one asbestos bankruptcy trust.

Disability compensation, pension plans, and other VA benefits provide monthly payouts if you have mesothelioma. Most or all of your treatment expenses may also be covered if you get treatment through the VA Health Care System.

You can receive compensation through a mesothelioma settlement after filing a lawsuit against manufacturers of asbestos-based products. A settlement allows the lawsuit to end without a trial in court, so you can receive money faster. Settlements award $1 million on average.

A mesothelioma lawsuit may go to trial in some cases. In a trial verdict, a judge or jury will determine if you can get compensation. However, mesothelioma trial verdicts are risky — if you lose, you get no money. Speak to an attorney to see if going to trial is necessary for your case.

Compensation for Mesothelioma Victims

If you have mesothelioma or another asbestos-related disease, you may be eligible for compensation to help you afford treatment costs or other expenses.

Manufacturers used asbestos (the only known cause of mesothelioma) for decades, hiding the dangers from the general public, major industries, and the military.

Today, you can take legal action against these companies to receive mesothelioma compensation. The U.S. Department of Veterans Affairs (VA) may also provide compensation if you’re a qualifying veteran.

To see if you can access mesothelioma compensation, contact us today.

How Much Compensation Can You Get for Mesothelioma?

Mesothelioma cases are valued at $1 million on average, but you may receive more or less than this amount.

An experienced mesothelioma lawyer can help you determine how much mesothelioma financial compensation you might be eligible to receive.

Factors Affecting Mesothelioma Claim Values

When and where you served in the U.S. military
Your age and gender
Your medical expenses not covered by your health insurance
The costs of travel to see a mesothelioma specialist
Any dependents you support
Funeral expenses

How Can Mesothelioma Compensation Help Me?

Pay for Medical Costs: Compensation can pay for medical treatments like life-extending surgeries, as well as travel costs if you need to see a doctor far from your home.
Make Up for Lost Wages: You or your family members may have to stop working during your cancer battle. Mesothelioma compensation can help supplement this lost income.
Cover Any Other Expenses: You can use compensation for almost anything once you have it, such as well-deserved vacations.

Other Compensation Options

Private Insurance: Depending on your plan and provider, private insurance can help cover your mesothelioma health care costs.
Medicaid and Medicare: These government programs can also help pay for medical expenses after a mesothelioma diagnosis.
Social Security Disability Insurance (SSDI): You are eligible for SSDI if you have mesothelioma since it is considered a terminal disease.
Long-Term Disability Insurance: This provides monthly payouts if you cannot work for a long period of time. Mesothelioma may be considered a long-term disability since it has no cure. You can access this insurance on your own or through your job.
Mesothelioma Organizations: Groups such as the Mesothelioma Applied Research Foundation (Meso Foundation) and Cancer Care offer financial assistance to cover patients’ travel costs and other expenses.

How Can I Get Mesothelioma Compensation?

The process of pursuing mesothelioma compensation is made significantly simpler with the help of an experienced lawyer. Learn the steps to accessing compensation below.

1. Connect With a Mesothelioma Lawyer

Mesothelioma lawyers do nearly all the work that comes with pursuing compensation, so you can focus on getting treatments and spending time with loved ones.

Connect with a mesothelioma lawyer now.

Mesothelioma lawyers know how to:

Use databases of information on the asbestos industry to build strong cases
Properly collect evidence showing how you were exposed to asbestos
File compensation claims correctly and on time
Help you get mesothelioma compensation from both the VA and asbestos companies

While it may seem more convenient to work with a local lawyer, they may not have the experience necessary to get the most value from your case.

Specialized mesothelioma attorneys have the skills and resources needed to get the compensation you deserve. What’s more, these attorneys charge no upfront fees.

2. Gather Evidence

Once you’ve chosen a mesothelioma attorney, they will start to gather evidence for your case.

Evidence used to build a claim may include:

Medical records and health information
Military service documents (including what jobs you worked and where you served)
Post-military work history
List of asbestos-based products you were exposed to and which companies made them

Your mesothelioma attorney will use this information to help prove why you need mesothelioma compensation from the VA and/or manufacturers of asbestos-containing products.

3. File a Mesothelioma Compensation Claim

Once your legal team has collected all the needed information, they will file your mesothelioma claim on your behalf.

How your claim will be filed depends on the type of compensation you’re seeking:

Mesothelioma lawsuits are filed in the appropriate court system for your case and are not filed against the U.S. military or your former employer.
Asbestos trust fund claims will be filed with the trust(s) you qualify for.
Mesothelioma veterans claims are filed by VA-accredited lawyers or claims agents, who are trained by the VA to help veterans access benefits.

Lawyers and VA claims agents can file your claim in the right channels and will keep you updated as they work to win mesothelioma compensation for you.

When you work with our VA-accredited attorneys, filing for legal compensation won’t affect your ability to get military benefits.

See If You’re Eligible for Mesothelioma Compensation

If you developed mesothelioma after serving in the U.S. Armed Forces or another job that relied on asbestos products, you deserve compensation. Mesothelioma compensation can help you pay your medical bills and keep your family financially secure.

Whether you want to access mesothelioma compensation from a lawsuit, asbestos trust, or VA claim, we can help. Work with our Patient Advocates and VA-accredited mesothelioma attorneys to begin seeking compensation.

Mesothelioma Compensation FAQs

How long do mesothelioma claims take?

While each case is different, you may start to receive compensation from lawsuits and asbestos bankruptcy trust funds within 90 days. You will start to get money from the VA once your claim is processed, and this compensation is usually paid out in monthly installments.

Lawyers and VA-accredited claims agents can give you a better idea of when you’ll receive mesothelioma compensation as your claim moves forward.

Who is eligible for mesothelioma compensation?

Aside from yourself, anyone with legal authority over your estate can apply for mesothelioma compensation. This is usually a family member but may include friends or other loved ones.

You can learn if you have the legal authority to file a compensation claim by speaking to a mesothelioma lawyer.

When is the deadline to apply for mesothelioma compensation?

The deadline to file a mesothelioma compensation claim depends on the specifics of your case.

Laws called statutes of limitations prevent mesothelioma lawsuits from being filed after a certain period of time. Additionally, asbestos trust funds set their own limits on when you can file a claim. If you miss the deadline, you likely won’t get any compensation.

Talk to a lawyer shortly after you are diagnosed to make sure your mesothelioma case is filed in time. There may also be ways for you to get compensation even if you miss the deadline.

Can I get compensation for other asbestos-related diseases?

If you have an asbestos-related illness that’s not mesothelioma, like asbestosis, you might still be eligible for compensation. Speak with a mesothelioma attorney to learn more.

Reviewed by:Brian J. Cooke

Mesothelioma Lawyer and U.S. Marine Corps Veteran

Fact-Checked
Legal Editor

Brian J. Cooke is a mesothelioma attorney with Simmons Hanly Conroy and veteran of the U.S. Marine Corps. Thanks in part to his military service, Brian is in tune with many of the issues that veterans with mesothelioma face. Brian and his team work tirelessly to secure compensation for those with this rare and deadly cancer.

Written by:Christopher Dryfoos

Contributing Author

Christopher Dryfoos is a journalist and member of the American Medical Writers Association (AMWA). As the grandson of the U.S. Navy’s first forensic pathologist, he aims to help veterans with mesothelioma access needed care.

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