Mesothelioma Compensation asbestosdefinition.com Many people take too long to consider whether they should go for mesothelioma compensation or not. While doing so, they have to spend lots of money on medical treatment. If they choose to file nothing to nowhere, then they will have a hard life in the future. Is it really difficult to get some compensation?
Some Myths About Mesothelioma Compensation
It seems like everything related to legal process is intimidating. Things might get worse when these victims heard about several rumors related to the topic. For this reason, many people think twice before they agree to take legal process for their case. Are these rumors regarding mesothelioma compensation true? Find out detailed explanation on each rumor.
- Mesothelioma Lawyers Are Expensive
First rumor people will discuss immediately is the price of mesothelioma lawyers’ service. It is true that not any lawyer could be assigned to mesothelioma case. This condition is unique, with a lot of special and unique circumstances.
However, many lawyers and legal firms are taking contingency fee. It means they will get paid only if claimants win the case and get their mesothelioma compensation. What if claimants lose on the court? Then they don’t have any obligation to pay the lawyers.
- Filing Legal Claim Required Lots of Individual Involvement
There are long ways to go after filing claim documents to the court. For a normal citizen, standing in front of court, going back and forth to court and explaining their condition repeatedly are so exhausting. It is normal for them to think so.
Luckily, there are mesothelioma lawyers that could do all the hassles on plaintiff’s behalf. They will be the one to process your mesothelioma compensation.
- Not Knowing The Culprit Means Not Being Able To File Claim
In order to file a lawsuit, plaintiff should point out which parties should bear the responsibility. This is a tricky part. Mesothelioma doesn’t happen in a day. It takes at least 20 years of asbestos exposure before mesothelioma shows its first sign.
Is it possible to track down which asbestos exposure might cause plaintiff’s condition? Yes, it is totally possible. Qualified mesothelioma lawyer will be able to help. Otherwise, plaintiff might not get their mesothelioma compensation.
- Filing Claim To Different States Mean Frequent Traveling
When a case of asbestos exposure happened on city A, victims could sent their file to city C. This is an attempt to get better mesothelioma compensation and shorter period of legal process. Mesothelioma lawyers would be glad to help determining which court to choose.
Since victims are working together with trusted lawyer or firm, they don’t need to attend most of the hearings. The lawyer will take that job and then inform victims on latest updates.
- It Is Possible To File Lawsuit Against Government Or Military Service
With a quick comparison, people could conclude that winning mesothelioma compensation from government or military service might give bigger amount of money. Take an example from a famous company case. In the end, jury’s verdict decided that company paid over 20 million dollars to plaintiff. Imagine how much money government could pay!
Unfortunately, there is an exception on laws regarding asbestos exposure during military or government service. In order to get mesothelioma compensation, victims are not allowed to file lawsuit to these parties. The lawsuit should be directed to asbestos’ supplier or manufacturer.
What Happened Without Mesothelioma Compensation
As several rumors regarding mesothelioma lawsuit have been cleared, people might still have doubt. Is it really necessary to fight for mesothelioma compensation? There are several facts you need to know before deciding to take another step back.
- Patients Bear Almost All Costs
Back in 2008, World Health Organization (WHO) did a research about costs of asbestos related illness. The result of this research is surprising; almost 2.4 million dollars were spent by patients and their family without mesothelioma compensation. It includes income lost, medical treatment and non-medical expenses.
For some people, two millions might be a normal cost for health care. Now think about middle to low class workers that suffices their daily needs from average monthly payment. Being sick means no work. There is no money, no mesothelioma compensation but sick person urgently needs medical treatment. Imagine how hard it is to live.
- Mesothelioma Often Leads to Debts
Despite of their average income, these middle class citizens might still have a little saving. After being diagnosed with mesothelioma, this saving will be their first resource. Unfortunately, their saving will be gone after the second medical treatment or therapy without mesothelioma compensation.
Without doubt, the cost to nurse their loved ones back to healthy person is out of their reach. If the sick person is the only bread winner, things will even get worse. Patients’ family might not have time to think about mesothelioma compensation and opt to take some debt. Soon, these debts will be too big for them to pay.
How to Get Mesothelioma Compensation?
For patients and their families, life after mesothelioma is getting rougher day by day. Now that they get a chance to make things better, it is time to learn more about mesothelioma compensation and how to claim it.
There is no other option for patients other than filing lawsuit or claim against certain factory or company. Those who can file this claim are patients and family members. Depending on the case, patients might be directed to take different types of lawsuit. Generally, there are two of them: personal injury and wrongful death lawsuit.
Dealing with law is a hard work, so patients are suggested to seek help from any qualified mesothelioma lawyers or firm. Best and easiest way to find these connections is through specialist doctor, association of mesothelioma lawyers or local asbestos support. At least one of them could tell you the process to get mesothelioma compensation.
- Work With Competent Lawyer
Most important to-do list for patients is looking for competent lawyer. Knocking on any firm’s door won’t help much. Dealing with mesothelioma requires more than just ordinary lawyers.
As this issue is linked to lots of parties, long list of asbestos abuse law has been added. Don’t be afraid to ask them about their past record and total of mesothelioma compensation they could get for their clients.
After learning and discussing further about patients’ case, lawyer might recommend filing patients’ claim to different state. It is legal and allowed by law. There is no strict rule stating that mesothelioma case in certain city must be resolved in that city also. Why bother to go to other state? It might give more mesothelioma compensation for patients.
- Prepare Evidence
It would be hard to prove that certain company is responsible to patients’ condition just by medical expert’s diagnosis. Lots of factors other than asbestos exposure could trigger cancer and other asbestos illnesses. If patients are going for mesothelioma compensation, they have to win and that needs solid evidence.
No need to worry about which evidence to prepare. This is lawyer’s job; he will lend a hand to point which evidence will bring most benefits and most mesothelioma compensation to patients. While preparing for these documents, patients might or might not be involved. Usually lawyer has his own resources to build strong statement.
- Wait For the Result
Last process to claim mesothelioma compensation is the longest and probably most difficult. Once lawyer file mesothelioma lawsuit to the court, patients could only wait. There are lots of processes going on. Patients’ lawyer will attend most of the legal court call. While doing so, he will inform any updates.
Sometimes, lawyer or court requires more documents to answer defendant’s (company side) questions. In this case, lawyer will tell patients beforehand. It also applies when judge or defendant request patient’s to attend formal court trial.
How Much Is Mesothelioma Compensation In Average?
The answer to this question will be different for each case. A mesothelioma case might get higher mesothelioma compensation than another, although both are suing one company. There was a report in 2016, submitted by Mealey’s Litigation Report. It revealed that average payment of mesothelioma trial is around 2.4 million dollars.
Remember, this condition applies when plaintiff wins the case. Otherwise, they might get nothing at all. However, most cases usually end up before trial, as defendant offers settlement as mesothelioma compensation. Plaintiff might or might not accept this offer. If they accept the settlement, it will be around 1 to 1.4 million dollars.
Please note that the number mentioned above is just the average amount. In the other words, patients might get higher or lower mesothelioma compensation. Again, it depends on patients’ case and the evidence presented. Instead of guessing, patients could ask lawyer about their compensation.
Normally, lawyer would go through patients’ case in detail, then inform patient’s case value and steps to win the claim. Although lawyer plays dominant role during discussion session, decision is given to patients. They could continue or stop the lawsuit after hearing lawyer’s explanation. Lawyer might also offer different options to get financial supports.
What Are Some Available Mesothelioma Compensation Options?
When patients file lawsuit to sue certain company for asbestos liability, they have several options of compensation. Rather than freely choosing any of these mesothelioma compensation options, patients should follow each legal process first.
- Trust Funds
Decades after being in constant exposure to asbestos, patients just realize that they have mesothelioma disease. By the time these patients file their claim to court, the asbestos company or factory might already declare bankruptcy. Could patients claim their mesothelioma compensation anyway?
Most of companies that produce asbestos or any asbestos based products are no longer operating. Following mesothelioma illness, legal lawsuit and jury verdict to pay for workers’ lost, company couldn’t run the business properly. Some of them merge with bigger company, while others just close their business.
Patients who win legal verdict will get their mesothelioma compensation from trust fund. It is established by asbestos company to make sure that each plaintiff gets the exact amount of money. Even if patients do not belong to certain asbestos company, they could file a claim. Some money will be given when documents presented matched with trust fund’s criteria.
This is basically an offer made by defendant to end mesothelioma legal process. Defendant is allowed to offer some money as mesothelioma compensation when lawsuit has been filed to court. Even though many plaintiffs agree to receive settlement, they will only get half or less than jury verdict. It happens mainly because plaintiff needs to pay upcoming medical expenses.
Once patients agree to receive settlement from company, lawsuit against company is dropped automatically. Court sees settlement as an alternative and legal way to resolve problem. It also provided win-win solution for both sides.
- Trial Verdicts
Above all, trial verdict is the most desired mesothelioma compensation. It has highest payment among the others and covers more costs. In fact, patients could list all expenses they have paid and also list future medical treatment costs. Jury will take this list into consideration. There is one concern though: plaintiff should wait longer for trial to take place.
Even after jury declares that defendant is liable, there is a chance for appeal. If defendant takes this chance, payment installment will be delayed. What makes most people avoid trial verdict is the patients’ health condition. What if patients couldn’t survive long enough until the end of trial?
What Is State Benefit?
Claim or lawsuit is not always filed to court. In the beginning of discussion, mesothelioma lawyer will explain some other organizations that provide compensation for asbestos liability victims. Some of these helpful organizations belong to state. In the other words, state acknowledges mesothelioma issue and provide fund that could be taken as mesothelioma compensation.
- Veteran Benefits
Believe it or not, most mesothelioma patients are veterans. They worked at military base, particularly navy, marine, coast guard and transport service. These are the divisions that used most asbestos related product. Decades later, these senior veterans come as mesothelioma patients. Thankfully, Veteran Affairs Department has mesothelioma compensation for them.
The compensation is not provided in cash, but regular health service and treatments. There are four available services. First, it is disability compensation. Veteran will get full monthly payment for disability patients. Veterans do not need to worry about their medical treatment. VA Health Care will give free services.
Some veterans are too sick to step out the house. Therefore, they could only lie on their bed. Veteran Benefits provides special monthly mesothelioma compensation. It could be given to veteran’s spouse or parents as well.
- Social Security Benefits
Ensuring well being of citizen is one of government duty. It applies for citizen with medium to high income and citizen with low income. Asbestos company workers actually belong to middle class. Soon after they get mesothelioma diagnosis, they are struggling for daily financial basis. In this case, these patients could file claim for mesothelioma compensation.
- Employment And Support Allowance
Remember how asbestos exposure makes people sick decades later? Well, some people are have been aging, but some others are still fit to work. Unfortunately, they have mesothelioma and should give up on their job and take regular medication and treatment. Local government usually provides mesothelioma compensation for these patients.
Which One Pays Better: State Benefit Or Litigation Compensation?
Referring to previous explanation, mesothelioma patients have a lot of options to get compensation. They could file lawsuit to court, trust fund, and some other organizations that support patients. Despite all that, lawyer usually suggests patients or family to check them all. Why filing one claim to different tables just for mesothelioma compensation?
Each organization has its own benefit. In this case, lawyer will try their best to find any resources to help patients or meet the total cost they need. In addition, filing claim to several organizations or authority is legal and even encouraged.
- State Benefits
Each mesothelioma case is special and different, so does state benefits. Patients’ claim might be rejected if they do not match with state’s rules. One advantage of any state benefits: they are available in each state. All you have to do if filing claim and enjoy mesothelioma compensation.
Those who had filed their claim to state benefits shared that they only receive part of medical cost or free service for medical treatment. It might look like a help, unless patients are happy with free coupons or partial payment. Turns out that state benefits, although mesothelioma compensation is processed in relatively short time, it only covers part of medical expenses.
- Mesothelioma Lawsuit
There is one fundamental reason to file asbestos lawsuit to court immediately after getting specialist doctor’s diagnose. It is the fact that settlement or jury verdict pays higher than any organizations. Lawyer sees this opportunity and jump right into it.
Another advantage of filing lawsuit is exposure of company. Receiving mesothelioma compensation is a must, but media and news will warn others.
Although jury verdict is the most ideal to get maximum compensation, majority of patients take settlement and ignore trial. Why is it so? This medium income family needs mesothelioma compensation immediately. Trial, as one might hear, will take long process. If waiting for moths are too overbearing, then trial and lawsuit are not for you.
How to Calculate Mesothelioma Compensation?
If plaintiff takes legal action, then decision regarding amount of penalty fee belongs to jury only. No matter how many times plaintiffs ask their lawyer, he will not understand how to calculate the number. It would be a different story when patients apply for mesothelioma compensation to trust fund. A legal and formulated matrix is used to determine the total amount.
Applied system in trust fund is called valuation matrix. One baseline will be represented as one dollar. Then, each dollar will be given to every cancer types. In addition to one dollar baseline, there are slots for detailed information. Basically, total amount of mesothelioma compensation is determined by the sum of baseline and value for information added.
These are the information slots that will affect penalty total amount:
- Patients’ age, gender and work history. Usually, elderly patients with long history of working near asbestos related area will be prioritized.
- Patients’ military service background. It is important to check whether patients have got any help from military benefits.
- Patients’ mental and physical pain. Some people call it “pain and suffering”. Both refer to personal damage caused by mesothelioma illness.
- Location of asbestos exposure
- Types of asbestos products
In addition to this information, lawyers might also ask patients to provide other documents to increase the amount of their mesothelioma compensation. Trust fund also takes patients’ expenses into account. Therefore, it might be helpful to attach the following papers:
- Bill of medical expenses (treatment, medication, therapy, etc), and any other expenses to treat mesothelioma but not covered by insurance
- Bill of travel cost to take medical treatment
- Copy of monthly salary. It is a proof of lost wages.
- Prescription of future medication. Patients and lawyer could ask specialist doctor to write what treatment should be taken in the future.
- Copy of family’s monthly salary. It shows whether patients’ family could take care of them properly.
- Bill of funeral costs. This one only applies if patients have passed away.
When Will Mesothelioma Compensation Be Paid?
As lawyer works on mesothelioma case, patients might wonder when they will get their mesothelioma compensation. Every claim filed by lawyer might have different timeline. Jury verdict will be the longest among any other options. It takes approximately one to three years before first payment is sent to plaintiff. Don’t forget that defendant might make an appeal.
What about settlement? This is a second desired option and probably fastest way to get cash. After lawsuit is being processed, defendant will approach plaintiff lawyer to offer mesothelioma compensation. Lawyer acts as plaintiff representative and negotiate on behalf of them. Then, lawyer will report the settlement amount. Once patients are ready, payment will be sent within agreed time frame.
If patients require mesothelioma compensation in cash within several months after filing claim, then choose trust fund. It has systematic calculation and lawyer’s prediction is close to the real amount. The smaller the fund is, the faster patients could get their money. It applies for higher payment as well, which take longer to be claimed.
How Do I Help Lawyers?
No, the sub title is not wrong. Most patients think that hiring mesothelioma lawyer is the last effort they should make. This is not how mesothelioma compensation claiming process works. Lawyer and patients will have intense and frequent discussion while building strong argument and collecting evidence. Proofing that patients are victims of asbestos liability is not a simple process.
Patients will find it difficult to remember their past works and medical history. It is totally understandable. Who could write their last ten years within a day? Don’t be worried yet. Remember that your lawyer has experiences and know what to do to ring your bell. All patients have to do is cooperating during every process.
- Product Identification
Asbestos has many forms. Each of them, even simple package product, still affect someone’s health. In order to help patients recollect their memory, lawyer will bring an information book. It should help patients to explore their past, pointing out which product is used and which is not. This process could take days, which is totally acceptable.
After patients make a list of their asbestos-related products, lawyers will make notes. He should also explain how this information could raise their case’s value.
- Medical Records
Patients could open their old box to find employment records such as contracts, monthly salary, and so on. It is something many patients keep well. On the contrary, medical record is not kept as well as employment record.
In this case, lawyer need to pull some resources to get patients’ medical record. Patients could help by giving either written or verbal consent. Once these records are found, lawyer and patients will sit together again. Lawyer will give some questions based on the records and write down patients’ answers.
One of many strong evidences in a mesothelioma trial is disposition or testimony. First, patients will make one. They are going to make statement about their working place and lawyer will record it. Words from single worker might not be sufficient. Help lawyer to contact some old friends who work on the factory or use the product.
Video making process starts again, this time with patients’ colleagues. It is also important to include as many witnesses as possible. Their words are valuable to support patients’ case. Some other persons might be called as well. Lawyer who has many experiences in mesothelioma cases knows which person to be invited.
Think about how much you have spent during the first week of mesothelioma medical treatment. With a strong hope of full recovery, you might take best medication, therapy and any other treatment to help your loved ones. What about taking mesothelioma compensation to support your financial?