Mesothelioma Compensation For Family Members
Before we dive into mesothelioma compensation for family members, let us understand what mesothelioma is. Mesothelioma is an aggressive form of cancer developing in the inner covers of the lungs, the abdomen, or the heart. This type of cancer is rare, and as of now, asbestos exposure is the only known cause. On average, a person diagnosed with mesothelioma lives about 12-21 months after the diagnosis.
Death of a loved one is hard enough, but it gets worse when the death causes grave financial implications on the living family. In such cases, if the patient dies without claiming asbestos compensation, the living family members can file for a wrongful death claim. When submitting such claims, the family receives compensation.
After filing such a case, the mesothelioma compensation claim goes to trial. Finally, a settlement comes to be if the affected or the deceased has evidence of exposure to asbestos.
Who is Eligible for Mesothelioma Compensation?
When filing a wrongful death claim in case of a death resulting from mesothelioma, there are specific criteria as to who can file the compensation claim:
1. No History of Mesothelioma Claims
- Living family is eligible to file for compensation only if they have not received compensation previously. This compensation is usually from an asbestos producing company. In such cases, the family or the patient cannot claim compensation but may be able to file lawsuits against other such companies.
2. Relationship to Victim
- Not all related to the deceased can file a claim. A spouse or an immediate family member or a person dependant on the deceased can file for compensation for mesothelioma. These eligibility criteria vary from one state to another.
3. Statute of Limitations
- A lot of legal cases require filing during a set period. In the case of mesothelioma claims, it is 1-3 years after the patient’s death.
Mesothelioma Compensation Payout Duration.
The time taken to cash the payout depends on the type of claim filed. If the case is waiting for a verdict from a jury trial, it can take years. While, on the other hand, a settlement with an asbestos trust or a mesothelioma fund can become cashable within months.
It is, therefore, essential to decide which type of lawsuit to file depending on your current situation.
Compensation for Mesothelioma- Types
1. Asbestos Trust Funds
Companies that manufacture asbestos have to set up trust funds with an amount enough to compensate for the future asbestos victims. This fund ensures that the victims receive compensation, in case the company goes bankrupt.
Therefore, if either you or your loved one develops mesothelioma owing to exposure to asbestos or asbestos-containing product made by a company, your legal claim can be processed through the trust fund. Doing this can help you avoid the court system and therefore receive the compensation quicker.
The mesothelioma compensation payouts are usually received in a couple of months when processed through a trust fund.
If the compensation is needed to pay for medical bills and expenses as such, filing a personal injury lawsuit is the best way to go about it.
If the patient’s death occurs as a result of the disease, then a wrongful death lawsuit can be filed.
After a filing compensation claim, a lawsuit forms, and the defendant can offer compensation to the affected family. In such cases, reaching a monetary agreement is standard, whereby the affected family/plaintiff drops the lawsuit against the defendant.
Read article Mesothelioma attorney illinois
As mentioned earlier, there are trust funds set up for mesothelioma victims as a result of exposure to asbestos. These trust funds can be availed by those who got the disease as a result of exposure to asbestos from the company or a company product.
These trust funds contain billions of dollars, but the amount of mesothelioma compensation payout received differs from one fund to another and on the type of claim made.
Legally, asbestos victims can seek compensation for:
· Pay medical bills, devices and home health aides
· Travel expenses related to the treatment
· Lost wages and other income (s)
A person can file a claim against more than one trust.
As of May 2019, an average of $1 – $1.4 million was being received in settlements, while it was an average of $2.4 million in mesothelioma compensation amount from a trial verdict.