What is Mesothelioma Compensation and How does it work?

Mesothelioma Compensation is a financial aid or amount that is usually given and awarded to the patient’s family or patient himself who has been suffering from mesothelioma cancer or asbestos exposure. The least amount in the form of compensation to be paid is from $1 million to $1.4 million but this amount from asbestos trust funds can reach up to $1,50000. To get this compensation, a proper procedure needs to be followed.

It works in different ways, like the affected party can sue the defendant party or the company in which the affected person had been working because that company has exposed the affectee to the asbestos as a result of which the patient has got Asbestosis or Mesothelioma cancer. In some cases, companies outside the court agree on giving compensations to the affectee. But if the firm disagrees, then the affected person (if alive) or his family (if the person himself has died) can get this compensation by hiring an expert lawyer who has an enough experience of handling these law suits. This lawyer collects all the important details regarding that company in which the affectee had been working and can get the affected party with maximum compensation.

Mesothelioma Compensation Details – Mesothelioma Settlements:

Below we have listed all the important questions along with their answers to give you a better understanding of this topic.

Who is eligible for mesothelioma compensation?

Any person who is suffering from Mesothelioma Cancer or Asbestosis and have been working for a company that exposed him to asbestos have a 100% right of compensation from the firm he had been working for in the past or in the present. Any closed family zmember of the deceased who died of Mesothelioma Cancer can also claim compensation on his behalf.

1). Personal injury lawsuit:

This lawsuit can be filed by the affected person himself. It can be filed within 3 years after the knowledge that you have caught the disease and diagnosis has already started. In this, patient can present his employment history and evidences of asbestos exposure and also his test reports proving his disease and he can get the compensation amount. Compensation for the loss of life, loss of companionship, loss of income source and for causing pain is granted to the affected person or his family.

2). Wrongful death lawsuit:

In this case, the patient or the defendant company’s old employee has died of the disease and the claim is that the particular firm is responsible for exposing him to asbestos as a result of which he caught the ailment and died. This lawsuit is always filed by a closed loved one like spouse, a sibling, parents, his son or daughter. The family provides all the records and compensation is given to the deceased’s family in the form of fuel expenses, medical expenses, funeral expenses, future security of children and spouse etc.

3). Trust fund lawsuit:

It can also be filed within one to three years. It provides compensation through the trust funds created by the firms and companies for the damage they have caused to the employees. So when the claimants claim, some companies automatically pay the money from company’s funds to the family without letting them go in the court to protect their reputation.

How do I file a mesothelioma claim?

Filing this claim is not a complicated process. You just have to keep all the record intact. The required record includes:

  • Medical history.
  • Medical records.
  • Medical test reports proving the diagnosis and disease.
  • Company’s records and employee’s records in the company.
  • Testimony is also required so that the cause of the asbestos exposure is proved.

All these important records are kept in hand and a mesothelioma claim is filed.

How do mesothelioma settlements work?

These settlements are those in which one party pays compensation to another party outside of the court with mutual agreement and the amount to be paid as compensation is also agreed by both the parties. Defendants make a money offer that is a big amount to plaintiff that mostly suits the defendants. If the plaintiff agrees to it, he receives agreed money. But if the plaintiff disagrees, then he may ask for more and if the defendant does not agree to it, then the case may go to the court. In the court these lawsuits are done by the attorneys that are experienced in their job and can help the families get the maximum compensation.

How long does it take to resolve a mesothelioma claim?

Although every case varies according to different conditions and circumstances but if the settlement takes place outside the court among two parties, then this claim resolves within 90 days. However, if the court may get involved, then it may take 1 year to resolve this claim.

How long does it take to get a mesothelioma settlement?

If the settlement takes place outside the court among two parties, then affectee can get the compensation in less than 90 days. But in case if the court may get involved and trial takes place, then it may take 1 year to get a settlement and compensations.

Are mesothelioma settlements taxable?

No, theses settlements are not taxable. These are the rewards and compensations granted in return of the injuries caused or even death caused due to asbestos exposure. Therefore, according to the section 104 of Tax code, the settlements and compensations are not taxable.

Law

What is the highest mesothelioma settlement?

The highest Mesothelioma settlement or compensation can reach up to $259 million. This is the general rate which a common man can get, however the highest ever compensation was $8.9 billion in asbestos case settlement. Simmons Hanley Conroy achieved this compensation and is still the highest ever mesothelioma compensation secured by anyone in USA.

What is the lowest mesothelioma settlement?

The lowest settlement can be $1 million to $1.4 million depending upon the case. These compensations may differ from case to case but this is the lowest amount paid to the victim on even a minor mesothelioma claim.

What is the average settlement for mesothelioma victims?

The average settlement or compensation for mesothelioma victims is around $2.4 million to $2.5 million.

Does everyone with mesothelioma get a settlement?

Yes, any person who is diagnosed with this disease can get a settlement. As it is a deadly cancer caused because they have been exposed to the asbestos mines or the manufacturing firms which produce asbestos containing products from where they induced this lung cancer. Thus, everyone who claims for compensation and is suffering from the disease gets the settlement or compensation he deserves. Some get settlement outside the court, others get it through proper trial in the court.

How much is a mesothelioma case worth?

Before filing a lawsuit, everyone is curious to know that how much their case will worth. However, determining the case worth is a difficult process. It is uncertain and no attorney or lawyer can tell you the exact amount. It depends on many factors like:

  • Timing, that how much time it will take to be settled.
  • Which attorney you have hired, his fees and charges.
  • What is your claim and what is the severity of your disease.
  • What type of lawsuit are you filing.

All these factors matter along with the amount of exposure. In settlements, you secure less amount than verdicts of the jury. The trust funds have a specific criteria by which the compensation amount is decided.

What is the statute of limitations on asbestos claims?

The statute of limitations means the time, length of time or a period of specific time that has been granted and specified to file a law suit for asbestos and mesothelioma. The law states that the Asbestos related cases such as personal injury lawsuit and wrongful death lawsuit must be filed within a time period of three years from the date of diagnosis of the disease.

What is the average settlement for asbestos claim?

The average settlement you can get for Asbestosis may vary. It highly depends on the gravity of the disease a person is suffering from, his medical expenses, wages lost and other expenses.

  • For severe cases, Asbestosis claim amounts can reach up to $42000.
  • In level 3 Asbestosis which is also chronic and is also called Pleural Disease and cause restricted functions can get a compensation of $19000.
  • In third stage Asbestosis, the person may not have restricted functions but is able to perform routine works of life. In such cases, the compensation can be up to $8000.
  • The average asbestos exposure lawsuit settlement is $2.5 million.

Average wrongful death settlements for mesothelioma:

The average settlement for wrongful death is between $1 million and $1.4 million.

Mesothelioma compensation for family members in UK:

In UK, the Mesothelioma compensation for family members is huge. The Bereavement Award is payed to the injured under the act named as Fatal Accident Act 1976. Statutory compensation payment under it can go up to £12980. The family can also get the equipment cost which are needed while the patient is ill at his home. These compensations to the family in UK may also include:

  • The travel costs like the doctor visits and appointments.
  • Fuel costs.
  • Family may also get medical costs.
  • Family is also compensated with no source of income.
  • Funeral expenses.

Mesothelioma compensation commercial:

These are the commercial scripts that are prepared to let the people know about mesothelioma. These are designed for people who have had been exposed to asbestos and may have risks of developing mesothelioma. These commercials are for the awareness and are generated by mesothelioma law firms.

Mesothelioma Navy:

The naval armed forces are at the higher risk of developing Mesothelioma because of high exposure to asbestos. Asbestos has been commonly used as an insulating material in naval ships and dockyards. So, naval armed forces can develop this cancer in their lifetime but the naval officers get many benefits in the form of compensation. The compensation is called the VA benefits.

The compensation starts by giving the navy officers who are suffering from this disease, a monthly $3,100 money package. The naval officer can also file a claim against company that provided asbestos product to the navy. Along with that, naval officers can also ask for compensations from the trust funds. In case of death of the navy officer due to asbestos exposure, not only the family of deceased is given financial assistance but also the medical aid and treatment is done free of cost at Naval Army Hospitals where socialized cancer treatment is also done. Along with that, the families of naval officers become eligible for indemnity and dependency repayment.

Mesothelioma compensation self-employed:

Self employed person is the one who voluntarily offers his services as a laborer on a contract basis to a contractor. This means that self employed person is not a permanent employee or regular employee of an institution or a company, rather he does either a part time job for which he is paid or he offers his services to get a reward in return. In such case, the company or institute is not responsible for such employee who has come on visitation basis for a certain task and he is also not eligible for company’s insurance and bonus funds etc. But in a case when such part time employer starts visiting and performs his task on daily basis, then there is a confusion in this regard. Despite not being a permanent company’s employee, he is giving hours of his time offering his services to the company, even though he is being paid. Also in many cases such workers as electricians, mechanics etc have got injured while performing their task but they have never been considered eligible for the compensation from the particular company because they were not a permanent staff member of the company.

Many cases have been reported in which a roof maker in a roofing company and a self employed in an asbestos related company have filed for claims but despite being a self-employed the court gave them compensations. Because according to the law a self employed at the time he is working for that specific contracting entity, is the responsibility of the company (until he is working with it) and therefore in case of any injury or accident the contracting entity is responsible for his health care and protection. Therefore, that firm is responsible to grant him compensation.

Mesothelioma compensation calculator:

This calculator is basically a UK based guide for the people exposed to Asbestos and have no direction and guidance of what to do next. The calculator guides them that:

  • What to do?
  • Where to file a law suit?
  • How much compensation they can get from their case? etc. 

The calculator can also guide you to hire an attorney that can help you get thousands of dollars in compensation. They give free legal advice and also have given their emergency contact details on which you can contact them anytime.

Mesothelioma compensation payouts UK:

The main amounts and payouts for asbestos exposure and mesothelioma in United Kingdom may vary. Different conditions may get different compensation. As every person’s situation and circumstances are different when they file a lawsuit, like some have severe disease, some might be applying after death of the deceased, some may be suffering from mild symptoms.

  • For mesothelioma, the compensation is £63,650.
  • For lung cancer, the compensation may reach up to £70,030.
  • For serious Asbestosis, compensation may reach up to £105,850.

Mesothelioma compensation payouts Australia:

Australia is among the top countries with highest mesothelioma death rate after UK. It banned the use of Asbestos in 2003 because of high death rate. According to the statistics, 641 people died of mesothelioma cancer in 2014 and this death toll has increased to alarming rates till 2021. In 2001 James Hardie, an Asbestos Industrialist Medical Research Compensation Foundation with $293 million to support the compensations and all the legal asbestos trials and all future mesothelioma claims but in 2003 till 2017 the funds diminished very quickly. That fund went underfunded due to extreme increase in mesothelioma cases and claims and a new fund of $184 million is created by far.

Conclusion:

Mesothelioma Compensation is a financial support given to the person who has been suffering from this deadly disease as a result of working in an Asbestos firm. The company in return gives compensations to the person or his family(if he is no more). A proper procedure is followed to claim settlements. If the company agrees upon paying compensation, then the matter is resolved outside the court between the affectee and that company. But if the company disagrees on paying the claimed amount, then the matter is resolved in the court. For this, a professional Mesothelioma lawyer is hired and all the information like medical reports, history, diagnosis of the disease, record of person working in that particular firm is collected and as a result the person gets compensation from that particular firm.

These lawsuits have been increasing in all the countries, specially UK and Australia are two major countries to use large amount of Asbestos. These lawsuits have exceeded in numbers from thousands to hundred thousands every year and it is becoming difficult for companies to provide compensations on such a large scale. Therefore, it is better to reduce the asbestos use in manufacturing, construction and other businesses and find its immediate and proper alternatives so that the employees are no more vulnerable to such a deadly cancer.

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