What Is Mesothelioma?
A type of cancer brought on by asbestos exposure is called mesothelioma. Our attorneys are aware of the significant impact this ailment will have on your life and the lives of those close to you. Our attorneys could assist you in pursuing compensation if mesothelioma has been identified as your condition. Even though mesothelioma most often affects the lining of the lung (pleura), it can also grow in the lining of the heart (pericardium) and the belly (peritoneum).
Can I Claim Mesothelioma Compensation?
You may rely on our experience to look into your employment history and find those accountable for your disease because many of our customers have gotten mesothelioma after being exposed to asbestos at work decades earlier. If you can’t figure out which employer made you sick, we can also help you file a claim through the government’s Diffuse Mesothelioma Payment Scheme.
How much compensation will i get for mesothelioma
Each form of claim has a different amount of mesothelioma compensation. A 2016 Mealey’s Litigation Report states that the typical verdict in a mesothelioma lawsuit is around $2.4 million. The typical settlement is between $1 and $1.4 million.
If the defendant is held responsible for the asbestos exposure and the case goes to trial, a settlement may be negotiated or a jury may decide the amount of compensation. The majority of cases are resolved without going to trial.
Family members, spouses, or dependents may be eligible for compensation if a loved one passes away with mesothelioma through a wrongful death case brought on behalf of the deceased person’s estate.
Mesothelioma compensation covers medical expenses, missed pay, travel expenses, and other losses in part. In addition, it gives families financial security when a loved one is no longer able to work.
Other forms of financial aid might also be accessible. It’s important to think about all of your options for getting paid before choosing the best one for you and your family.
How Long Will It Take to Get Compensation?
Obtaining compensation after a jury trial and reaching a verdict could take years, but defendants may offer to settle right away, perhaps within a few months. The kind of claim you submit will also affect how long it takes for you to get paid.
Within a few months, you might get money from asbestos trusts.
In any circumstance, choosing whether to bring a lawsuit is crucial, but it’s more crucial if you’re dealing with the stress of a fatal illness. The most accurate estimation of how long it might take for your particular case to be compensated comes from a mesothelioma attorney.
Types of Mesothelioma Compensation
Mesothelioma compensation comes from things like trust funds for diseases caused by asbestos and court judgments or settlements.
Because so many asbestos corporations have filed for bankruptcy, legal claims directed towards asbestos trust funds outnumber mesothelioma litigation. This does not necessarily imply that those businesses are no longer held accountable.
Many asbestos manufacturers have been required to establish trust funds with sufficient capital to pay future asbestos sufferers as part of bankruptcy procedures. The majority of trust funds have hundreds of millions of dollars, while others have billions.
A mesothelioma lawyer may tell you to file both a trust fund claim and a lawsuit. This will depend on whether or not asbestos products are relevant to your case.
Asbestos Trust Funds
If you got mesothelioma from an asbestos product made by a company that went bankrupt, you may be able to get your legal claim for damages taken care of through the company’s trust fund instead of the court system.
Because trust fund claims are handled outside of the court system, they are typically processed more quickly than mesothelioma litigation. In a few months, claimants often receive their settlement.
If your family needs money to cover medical costs, missed wages, and other costs, filing a mesothelioma personal injury case is usually the best option. While you concentrate on your care and recuperation, a mesothelioma attorney can guide you through the procedure and take care of all the legal details.
When a person passes away from mesothelioma, another choice is to file a wrongful death lawsuit. When making this kind of claim, family members who are still alive often represent the estate.
Two types of mesothelioma lawsuits exist:
- Personal Injury Claims: These lawsuits are filed by people diagnosed with mesothelioma seeking compensation to cover medical bills, lost wages and other expenses.
- Wrongful Death Claims: These lawsuits are usually filed by the estate of a deceased loved one who died of mesothelioma
If the defendants do not agree to a settlement and your case is tried, a judge or jury will render a verdict. If the defendant is found responsible, financial damages will be awarded in the trial result. Because every mesothelioma case is different, there are no predetermined standards for compensation.
If you win, the amount you get depends on the details of your case as well as other things like medical bills and lost wages.
A leading industry report from 2021 says that more than 3,600 mesothelioma damage claims were filed in the U.S. in 2020.
Who Is Eligible for Asbestos Exposure Compensation?
Anyone who was exposed to asbestos and has been diagnosed with mesothelioma may be entitled to financial compensation. A lawyer who knows about asbestos can tell you how strong your case is and if you are eligible.
If you lost a loved one to mesothelioma, you might potentially be entitled to compensation. Spouses and children of a person who died of mesothelioma may be able to file a wrongful death claim and get money for their loss.
When making a claim as a patient or the survivor of a loved one, it is important to show that you have mesothelioma and that you have been exposed to asbestos.
Are Family Members Eligible for Compensation?
Yes, surviving family members of mesothelioma victims may be entitled to financial compensation. Family members who file a wrongful death lawsuit or trust fund claim may do so on behalf of the decedent’s estate.
In accordance with the specifics of your case, a knowledgeable mesothelioma attorney can analyze your case and advise you on your eligibility to file a claim as well as the best claim to make. Depending on the situation, family members who are left behind may be able to get money through a number of legal channels.
How to Make a Mesothelioma Compensation Claim
The most crucial step is to choose a lawyer with the appropriate experience. Selecting a lawyer with extensive experience managing mesothelioma litigation is particularly advantageous. They will know how to handle your case and make sure you get the most out of any compensation you may be owed.
The best mesothelioma lawyers won’t guarantee a specific amount of compensation but will instead help you understand your choices.
- Get an Attorney: To find out what compensation you might be entitled to, speak with a knowledgeable mesothelioma attorney who can help you decide what is best for you and your family.
- Discovery Period: Work together with your lawyer to help them gather information about your history of asbestos exposure during the discovery phase. The places you’ve worked and the products you’ve been exposed to are typically the focus of this process.
- Analyze Your Options: Consider all of the ways to get paid that your lawyer suggests, which could include trust funds and legal action.
- Accept or Reject Settlement Offers: If you choose to sue the defendants, you might need to take their settlement offers into account. Your lawyer will give you advice on whether to settle your claim or proceed to trial.
Your attorney will oversee the settlement procedure if you choose to accept a defendant’s offer of settlement. The settlement agreement will be reported to the court by both your lawyer and the defense counsel, who will then issue an order of settlement. The release is a document that the defense will draft. Once everything has been agreed upon, your lawyer will give it to you to sign and have notarized.
Before your attorney can provide you with the remaining settlement funds, any personal liens, whether medical (usually held by healthcare providers) or governmental (such as those held by Medicare, Medicaid, or child support agencies), must be paid from the settlement sum.
Consider and keep track of all the costs associated with your mesothelioma diagnosis and treatment before accepting a settlement sum. Think about the cost of alternative therapies, cancer treatments, travel to get treatment, hiring help, and other costs.
Both transportation and employing a home health aide to assist with cooking, cleaning, yardwork, general maintenance, and personal care can become expensive. It’s crucial to keep in mind that complementary therapies like massage therapy may not be covered by your health insurance.
No matter the outcome of your mesothelioma claim, Thompsons will not charge you anything.
We offer complimentary legal counsel and representation to people pursuing a mesothelioma claim.
You won’t have to pay any legal fees if you win your mesothelioma case, which is what happens to the majority of our clients. You won’t be charged if your case is unsuccessful, which is quite improbable.
Simply fill out our online form or request a callback to speak with us about filing a compensation claim, and we’ll get back to you as soon as we can to discuss your situation and how we can help.
How do I make a mesothelioma claim?
To file a mesothelioma claim, you must first seek legal counsel.
By completing our online form, you can reach out to our mesothelioma attorneys. Within 24 hours, a member of our team will get back to you to discuss your issue and how we can help, with no obligation.
If you choose to move forward with a claim, we’ll begin by gathering as much information as we can about the circumstances surrounding your asbestos exposure—when, where, and how.
Then, in order to develop a compelling case and get you the most money possible in compensation, we will start looking for the insurers of those who were accountable for your asbestos exposure.
Why choose Thompsons’ mesothelioma solicitors?
More than any other law company in the UK, Thompsons has been involved in asbestos litigation for more than 40 years.
Our experts have amassed unparalleled data regarding asbestos exposure during that time. We have access to expert reports, old photographs of asbestos throughout the neighborhood, and details on which businesses used asbestos when.
The largest asbestos register in the UK, maintained by Thompsons, has information on the exposure to asbestos of thousands of people in the country. The register gives us a unique look at common places where people are exposed to asbestos. It also has a list of potential witnesses who could back up your claim.
Our large databases also have lists of employers’ insurance companies, even for companies that are no longer in business.
Because we have access to this wealth of information, we can prepare winning asbestos cases in a fraction of the time it would take other law firms, which often have to start from scratch.
The Mesothelioma UK Legal Panel recognizes Thompsons Solicitors’ experience defending the rights of asbestos victims by including the company on its roster. Additionally, we have endorsed the Mesothelioma Patient Charter, which encourages the highest levels of medical attention and legal counsel for mesothelioma patients and their families. It also asks the government and employers to do more to protect and help people who have been exposed to asbestos by improving services, funding, safety, and prevention.
Additionally, our mesothelioma attorneys can connect you with neighborhood mesothelioma support groups.
Why Choose Irwin Mitchell?
After receiving a diagnosis of the asbestos-related disease, we have assisted numerous people with their mesothelioma claims. As a result, we are highly aware of the symptoms of mesothelioma and the problems you’ll be having with your loved ones. We also know how to help you get the necessary compensation because we are aware of all the legal repercussions for someone with this crippling condition. Our lawyers will do everything they can to make your life better and protect your family’s financial future.
Can I Make A No Win No Fee Claim?
You don’t have to pay any upfront fees when you file an asbestos claim if you have a no-win, no-fee arrangement. Additionally, you won’t be required to make any payments if your claim is unsuccessful. Depending on the kind of claim you make, here’s what happens if it is successful:
- You keep all of your compensation for mesothelioma cases.
- In cases of asbestosis, asbestos-related lung cancer, pleural thickening, and pleural plaque, you don’t have to pay for your own legal fees, but if you win, you’ll have to take the cost of the litigation insurance premium out of the money you get.
This is due to the UK government’s 2012 decision that the standard No Win No Fee rules shouldn’t apply because mesothelioma is such a terrible disease.
We encourage you to contact us as soon as you’re diagnosed, even if you’re not sure when you were exposed to asbestos. We can help you identify at what point you were exposed and will help you make a claim against your present or past employer.