Should I Seek Financial Compensation for Mesothelioma?

The financial consequences of cancer are well known. Even so, some people hesitate to file for mesothelioma compensation. The reasons for this hesitancy vary. Sometimes it’s due to a lack of understanding of how the compensation process works. In other instances, patients underestimate the financial burden they are about to face. The load of debt that a terminal illness creates, can weight down the family long after the patient is gone.

According to an interview with Dr.  S. Yousuf Zafar, there is no evidence that the Affordable Care Act has reduced the costs of cancer for many people. Families in the lower-middle class often subscribe to health plans with low monthly payments. When a severe health issue -such as a mesothelioma- arises, they face high deductibles and costly medical visits. One in every three families resorts to asking friends and relatives for financial help, according to a report by STAT news. Others, fall into catastrophic debt.

However, there are 34 billion dollars in compensation funds available for victims of asbestos exposure. The operational word here is “victims.” These are people worked at mining companies, construction sites and factories, where they inhaled asbestos fibers.  Companies were cognizant of the dangers of asbestos and still chose to expose their workers to the lethal fibers. People who worked in the vicinity, family members, and the general public were exposed to the fibers as well.

You may be a candidate to obtain financial compensation if developed mesothelioma or lung cancer from asbestos use. Since time is of the essence in any mesothelioma case, it is important to determine what kind of compensation to seek.

There are several types of compensation:

Mesothelioma Trust Funds

Even if the company you worked for went bankrupt, that does not mean that there is no money left for settlements. Many companies filed for bankruptcy decades ago because lawsuits were inundating them. However, they received a mandate to create trust funds. It is through these funds that they continue to disburse compensation to those affected by their wrongdoing.

There are more than 60 funds. Discovering which fund to file with may be tricky. Some companies may have changed their names since you worked there, for example. An asbestos lawyer can help explore your work history and determine if you are a candidate to file -and where.  They will prepare the paperwork, help gather evidence, and represent you every step of the way.

Trials

The word “trial” makes some people cringe, especially when they are they are dealing with a mesothelioma diagnosis. However, most cases get their resolution through a settlement, and never go to court.

Why would a company offer a settlement?

Though every case is different, companies offer settlements because of 2 main reasons:

1. The cost of their legal teams. Companies would rather cut their losses by making an offer to the victim early on. That way, they avoid paying for lawyers through a lengthy trial.
2. They foresee a negative result (for themselves). Companies may choose to settle, rather than risk having to pay a much larger sum at trial if they lose. Sometimes, they wait until the last minute before the trial to offer a settlement. In other occasions, they offer the settlement during trial.

It is important to mention that trials are risky both for the company and for the claimant. It all depends on the verdict: “liable” or “not liable.”

Some claimants have received financial awards in the millions, others have received nothing, depending on the verdict, and other factors.  An experienced mesothelioma attorney should be able to counsel you on the right course of action.

VA Claims

Unfortunately, Veterans from every Military branch make for 30% of mesothelioma cases in the U.S. This because the U.S. Military used asbestos extensively, especially from the mid 30’s to the 70’s. They used it in ships, machine rooms as insulation, it was present in shipyards, buildings, housing facilities, tools and vehicle brake pads, among hundreds of products.  At first, the Military was not aware of the severe health problems that asbestos can cause. But they kept using it even after the hazard was known. As the material is also a part of the ship structures, people who later aided the demolition of WWII warships were also exposed. Navy Veterans are the group with the highest incidence of asbestos-related diseases in the Military.

Decades ago, the Military recognized that asbestos-related diseases could stem from Military service. Thus, Veterans can claim benefits through Veterans Affairs. However, they don’t automatically qualify for benefits, even with a mesothelioma, lung cancer or asbestosis diagnosis. They must file paperwork and submit evidence of at least 50% exposure during active duty, plus other requirements.

There are ways to get help with during this process. One is to resort to an Environmental Health Coordinator appointed by the government. The other is to retain a mesothelioma attorney.  Since asbestos exposure could have happened at other workplaces as well, an attorney can explore different sources of compensation. Learn more about mesothelioma and military veterans here; contact us if you have questions, we would be honored to serve you.

The choice to seek financial compensation is an entirely personal decision. However, a mesothelioma attorney can help determine what type of compensation to pursue, and aid in obtaining the best possible award. Contact us for a free consultation.