Mesothelioma Compensation
Mesothelioma compensation is available to asbestos exposure victims and their families through lawsuits, asbestos trust fund claims, and VA claims. We have been helping mesothelioma patients recover significant compensation for over 30 years and recovered more than $20 billion for asbestos exposure victims. Contact us now for a free case evaluation.
Legally Reviewed By: Megan Waida
Senior Attorney | Mesothelioma & Asbestos
- Page Last Updated:
- April 19, 2024
Legally Reviewed By: Megan Waida
Senior Attorney | Mesothelioma & Asbestos
- Page Last Updated:
- April 19, 2024
A mesothelioma diagnosis is a devastating circumstance that brings about overwhelming medical expenses and uncertainty about you and your family’s financial security. The companies that exposed you to asbestos owe you financial compensation for your pain, suffering, distress, and financial losses. Call our experienced mesothelioma law firm today at 866-387-0626 for a free consultation.
Who Is Eligible for Mesothelioma Compensation?
Anyone who has contracted an asbestos-related illness, including mesothelioma, lung cancer, and asbestosis may be eligible for mesothelioma compensation if you can prove how you were exposed to asbestos.
We maintain an extensive database of asbestos products, internal asbestos company memos, and private investigator reports to help you identify and prove how you were exposed to asbestos. Our experienced mesothelioma lawyers can then help you file a variety of mesothelioma claims to maximize your compensation, including a lawsuit and one or more claims against the asbestos trust fund.
If you are the spouse, parent, or other close family member of someone who has passed away from mesothelioma, you may also qualify for mesothelioma compensation.
Types of Mesothelioma Compensation
When you have been diagnosed with mesothelioma, compensation is available for your medical expenses, lost wages, emotional distress, physical suffering, and loss of quality of life. You may have access to multiple types of mesothelioma compensation, which include the following:
- A mesothelioma lawsuit
- An asbestos trust fund claim
- A VA claim
Asbestos Trust Funds
The asbestos trust funds are money that has been set aside for asbestos exposure victims and their families.
After the public became aware of the dangers of asbestos, asbestos product manufacturers became overwhelmed by the lawsuits against them. They filed for bankruptcy to protect themselves from future liabilities, but the courts required them to establish trust funds for the benefit of the people they had harmed.
As of 2023, approximately $30 billion remains available in the asbestos trust funds. Asbestos trust fund claims are filed directly with each fund without the necessity of filing a lawsuit or going to court. We have helped many of our clients file claims against multiple trust funds for maximum compensation.
For a successful trust fund claim, you will need to prove the following:
- You have been diagnosed with mesothelioma or another asbestos-related illness, or you are the surviving spouse, next-of-kin, or estate representative of someone who died of an asbestos-related illness.
- You were exposed to asbestos through products manufactured or supplied by the company that established the trust.
How Can the Lanier Law Firm Help Me Receive Compensation from the Asbestos Trust Funds?
Our experienced mesothelioma lawyers are committed to recovering the maximum compensation you are due. We will thoroughly comb through every detail of your work and life history to uncover every source of asbestos exposure you have experienced.
We will then access our asbestos company database to determine which companies manufactured the asbestos you were exposed to. If any of these companies have gone bankrupt, we will identify the applicable trust funds, file your claim, and fight for maximum compensation.
Our Asbestos Resolution Team is led by Maura Kolb, a 20-year veteran of the firm. Maura and her team have decades of experience fighting for mesothelioma compensation through the asbestos trust funds and are committed to obtaining the maximum award.
Mesothelioma Lawsuits
If you have a mesothelioma diagnosis through the fault of a company that has not established an asbestos trust fund, you may have the option to file a lawsuit.
The final outcome of a lawsuit may be decided in a pre-trial settlement or at a trial when a judge or jury issues a verdict. At the Lanier Law Firm, almost all of our mesothelioma cases settle, but we prepare every case as if it is going to trial.
Resolving any civil lawsuit that involves substantial compensation can take years. Fortunately, many jurisdictions recognize the urgency of mesothelioma claims and allow mesothelioma lawsuits to be expedited. We have seen firsthand how quickly mesothelioma progresses, and our skilled and dedicated lawyers will fight to get you your compensation while it still counts.
If your beloved family member passes away before a case is resolved, we can help you continue the claim on behalf of your loved one’s estate. This is known as a survival claim. We will also help you file a wrongful death lawsuit, whether or not your loved one initiated a lawsuit before passing away.
What Types of Compensation Can I Claim in a Lawsuit?
The financial, physical, and emotional toll of a mesothelioma diagnosis can be substantial, and you are entitled to recover damages for your emotional distress, your physical suffering, and the financial impacts of your diagnosis. This includes your medical costs and any lost wages if your diagnosis caused you to stop working.
Many companies knew about the dangers of asbestos for decades but actively concealed it from the public in favor of profits. If the companies that exposed you to asbestos participated in this coverup, we will help you pursue punitive damages, which can add substantially to your mesothelioma compensation.
Mesothelioma Compensation Amounts We Have Recovered
When you hire the Lanier Law Firm, you will get a passionate team of experienced mesothelioma lawyers who have won more than $20 billion in compensation for clients throughout the United States. Below are a few examples of our mesothelioma settlements and verdicts:
- $4.69 billion verdict in Missouri against Johnson & Johnson on behalf of 22 women who developed ovarian cancer that was linked to asbestos in baby powder.
- $115 million verdict on behalf of 21 Alabama steelworkers who developed asbestos-related illnesses
- $7 million settlement on behalf of a Louisiana man exposed to asbestos
- $3.7 million for an 82-year-old Navy veteran exposed to asbestos
- $2.257 million verdict on behalf of an Illinois laborer exposed to asbestos
- $2.3 million settlement for a California electrician exposed to asbestos at a naval shipyard
- $1.899 million verdict for a Texas woman who was exposed to asbestos through the work clothes of her father and later her husband
- $1.452 million settlement for the family of a deceased maintenance worker in North Dakota exposed to asbestos through pumps, boilers, and valves
- $1.15 million settlement in Florida for a woman exposed to asbestos through talcum powder
These results vary widely because each case is unique. The most important factors that impact your compensation for mesothelioma include the following:
- The severity of the disease
- Your age at diagnosis
- Your life expectancy
- Your financial losses
- The jurisdiction where your case is filed
- The available assets of the at-fault company
- Whether the company participated in the cover-up or was just negligent
What Compensation Is Available for the Family of a Mesothelioma Patient Who Has Passed Away?
If you have lost an immediate family member to mesothelioma, you may be able to recover your financial costs related to the death, including burial expenses, medical expenses, and loss of your family member’s income. We can also help you pursue intangible losses, including your loved one’s pain and suffering and your family’s mental anguish. Punitive damages are also available to grieving families.
VA Claims
Military personnel have historically experienced significant asbestos exposure, and veterans diagnosed with mesothelioma may be eligible for benefits if the exposure occurred during active military service. This establishes the mesothelioma as a service-connected illness, which is a requirement to claim mesothelioma compensation through VA benefits.
What Types of Benefits Are Available Through the VA?
Eligible veterans with mesothelioma can receive $3,600 per month or more in disability compensation. This amount may be higher if you have a spouse or other dependent family members, and it is adjusted annually for inflation. You can also receive free health care through the VA for your asbestos-related illness.
Can I get compensation for mesothelioma if I have multiple sources of asbestos exposure?
Many mesothelioma patients have been exposed to asbestos through multiple sources. It is important to document each source of exposure because you may be able to seek compensation from all sources. If applicable, you can file a lawsuit, a trust fund claim and a VA claim simultaneously. Filing one type of mesothelioma claim does not bar you from filing another type.
Some trust funds may reduce your compensation if you receive proceeds from a lawsuit, but lawsuit proceeds do not impact your VA benefits if your mesothelioma is service-connected.
How can a lawyer help me with my mesothelioma compensation?
The companies responsible for exposing scores of individuals to asbestos are primarily concerned with their own financial status. They invest substantial financial resources in their fight to avoid paying mesothelioma victims the compensation they deserve.
Our attorneys at The Lanier Law Firm specialize in standing up to large companies on behalf of injured victims. These companies profited from the labor of the very workers they irreparably harmed by exposing them to asbestos.
We have the resources, experience, and work ethic to level the playing field and ensure mesothelioma victims receive the highest level of legal representation and advocacy available. We have received such recognition from our peers as Best Law Firms, Best Lawyers in America, Most Impressive Plaintiff Verdict, and Super Lawyers.
If you or your loved one has been diagnosed with mesothelioma, we are prepared to devote our time, skill, and resources to ensure you and your family receive the compensation you need and deserve. We only charge fees after we recover compensation for you.
Call us today at (866) 735-2576 for a free case review.
Frequently Asked Questions (FAQs)
Below are answers to the questions we most frequently receive about mesothelioma compensation.
Can I Receive Mesothelioma Compensation If I Have Been a Lifelong Smoker?
Research has established that there is no connection between mesothelioma and smoking. If you have been diagnosed with mesothelioma, your smoking history should have no bearing on your compensation.
However, if you have been diagnosed with lung cancer, smoking may be a contributing factor. Lifelong smokers diagnosed with lung cancer with proven exposure to asbestos may still be able to recover compensation. However, if smoking is a contributing factor, the compensation can be adjusted downwards accordingly.
Is Mesothelioma Compensation Taxable?
Mesothelioma compensation from trust funds and VA benefits are not taxable, but punitive damages awarded in lawsuits are taxable. Other damages awarded in a lawsuit are generally not taxable. Punitive damages may not be taxable in wrongful death lawsuits filed in jurisdictions that prohibit all forms of compensation except punitive damages.
What Other Types of Financial Assistance Are Available to People with Mesothelioma?
In addition to compensation from mesothelioma claims, you may be able to access financial assistance through general resources as described below.
Social Security Disability
If you have not yet reached retirement age and you have a sufficient work history, you may qualify for Social Security Disability as a result of your diagnosis. The average monthly payment in 2023 is $1,483 for a single disabled worker, and as much as $2,616 if you have a spouse and one or more children.
If you do not qualify for Social Security Disability and have limited resources, you can apply for Supplemental Security Income (SSI), which provides monthly benefits of up to $914 for a single person or $1,371 for a couple. Both of these programs adjust the monthly payment amounts annually according to inflation.
Medicare and Medicaid
Medicare and Medicaid are government health insurance programs that cover necessary medical expenses, including mesothelioma treatment, for people over the age of 65 and people with disabilities at any age.
If you qualify for Medicaid, you may get coverage with very low or no copays, depending on the state where you live and your monthly income. Having Medicaid also qualifies you for a program known as Extra Help, which reduces your prescription drug costs.
Workers’ Compensation
If you were exposed to asbestos through an employer, you may qualify for free medical treatment through workers’ compensation.
If you had to stop working because you contracted mesothelioma, you may also qualify for partial wage replacement, which may be paid weekly depending on where you live. In most states, this is approximately two-thirds of your average weekly wages during the period before you contracted your illness.
Long-Term Disability Insurance
If you were still employed when you were diagnosed, long-term disability insurance may be available to you through your employer. You may have voluntarily purchased this type of policy for a low monthly cost that was automatically deducted from your wages. If you have access to this insurance, you can receive partial wage replacement every month, according to the terms of your coverage.
Charitable Assistance Programs
Numerous organizations throughout the United States provide assistance to people with mesothelioma, including travel to treatment, lodging, food, and personal care. These programs include the following:
- The American Cancer Society’s “Road to Recovery” program, which provides free local rides to and from treatment
- Grace Flight of America, which provides free flights to treatment
- The American Cancer Society Hope Lodge, which provides free places to stay for cancer patients who must travel a long distance for treatment
- Meals on Wheels, which provides free hot meals to people with disabilities
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