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David A. DiBrigida

Compensation Options In Mesothelioma Claims

July 31, 2024

Posted in Uncategorized

Many individuals and their families stand to be affected by mesothelioma, which is a serious illness caused by asbestos exposure. When diagnosed with mesothelioma, patients and their loved ones face not only emotional and physical challenges but also significant financial burdens. Seeking compensation can help alleviate some of these burdens, providing resources for medical treatment, lost wages, and other associated costs. In this post, our mesothelioma lawyer will explore the various compensation options available for mesothelioma claims.

Types of Compensation

There are several avenues through which mesothelioma patients and their families can seek compensation. These include lawsuits, asbestos trust funds, veterans’ benefits, and workers’ compensation. Each option has its own processes and requirements, and understanding these can be crucial for securing the support you need.

Personal Injury Lawsuits

Personal injury lawsuits are one of the most common ways to seek compensation. These lawsuits are filed by the mesothelioma patient against the companies responsible for their asbestos exposure. In these cases, the plaintiff must prove that the defendant’s negligence led to their illness. Successful lawsuits can result in substantial compensation covering medical expenses, pain and suffering, lost income, and more.

Wrongful Death Lawsuits

When a mesothelioma patient passes away, their family members may file a wrongful death lawsuit. This type of lawsuit seeks compensation for the loss of a loved one, including funeral expenses, loss of companionship, and lost income. These claims help families cope with the financial impact of their loss.

Asbestos Trust Funds

Many companies that manufactured or used asbestos have established trust funds to compensate individuals affected by asbestos-related diseases. These funds were created as part of bankruptcy proceedings to ensure that victims could still receive compensation. Filing a claim with an asbestos trust fund can be a quicker process compared to a lawsuit, but it requires detailed documentation of asbestos exposure and the resulting illness.

Veterans’ Benefits

Military veterans who were exposed to asbestos during their service may be eligible for benefits through the Department of Veterans Affairs (VA). Veterans with service-connected mesothelioma may be entitled to disability compensation through the VA. Additionally, surviving family members may receive dependency and indemnity compensation if the veteran’s death was related to their asbestos exposure. Veterans must provide evidence of both their service and their exposure to asbestos during that time.

Workers’ Compensation

Workers’ compensation benefits may be available to individuals who were exposed to asbestos while on the job. These benefits can cover medical expenses and a portion of lost wages. However, workers’ compensation laws vary by state, and the process can be complex. Consulting a lawyer can help understand these specific legal frameworks and ensure the best possible outcome for your claim.

Choosing the Right Compensation Option

Selecting the right compensation option depends on several factors, including the patient’s work history, the companies involved, and the available evidence. It’s important to gather all relevant information and seek legal advice to determine the most suitable path forward. Attorneys like those at Brown Kiely LLP can attest to the importance of exploring all available options to maximize compensation for mesothelioma patients and their families.

Finding Financial Relief Through Mesothelioma Compensation

Dealing with a mesothelioma diagnosis is undoubtedly challenging, but understanding the compensation options available can provide some financial relief. Whether through lawsuits, trust funds, veterans’ benefits, or workers’ compensation, there are multiple avenues to seek the support needed to cover medical expenses and other associated costs. By exploring these options and seeking the right legal guidance, mesothelioma patients and their families can secure the compensation they deserve.

For those affected by mesothelioma, it comes as no surprise that the journey may be difficult but, it’s important to be aware that there are various compensation avenues that can act as a lifeline. Seeking help from knowledgeable professionals ensures you can pursue the most effective path to relief.

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