Mesothelioma Lawsuits vs. Asbestos Trust Funds: What’s the Best Option?

Mesothelioma is a devastating cancer that can have catastrophic effects on those affected by it. For those who have been diagnosed with mesothelioma or have a loved one who has been diagnosed, the question of how to seek compensation may be at the forefront of their minds. Fortunately, there are two primary options available: filing a mesothelioma lawsuit or seeking compensation from an asbestos trust fund. It is important to learn about Mesothelioma Lawsuits vs Asbestos Trust Funds.

Mesothelioma Lawsuits vs Asbestos Trust Funds:

In this article, we will examine the advantages and disadvantages of each approach to help you have a better idea of Mesothelioma Lawsuits vs Asbestos Trust Funds, hence determine which one is the most suitable for your particular circumstances.

Mesothelioma Lawsuits:

Mesothelioma lawsuits are formidable legal battles fought by individuals who have been afflicted with this merciless disease due to exposure to asbestos. These legal actions typically aim to secure compensation for a range of damages, including medical expenses, lost wages, pain and suffering, and other detriments caused by the illness.

The process of filing a mesothelioma lawsuit necessitates the plaintiff to establish a compelling case, proving that their condition stems from asbestos exposure and that the defendant(s) bear responsibility for said exposure. This undertaking can be arduous, given that mesothelioma can lie dormant for decades after exposure, and the asbestos exposure itself may have occurred at various locations over an extended period.

To bolster their case, mesothelioma victims often seek the counsel of seasoned attorneys specialized in this complex area of law. These legal professionals employ their expertise to investigate the history of exposure, identify the accountable parties, and amass evidence in support of the case. Mesothelioma lawsuits may be filed either in state or federal court, contingent upon the unique circumstances surrounding the matter.

Should the plaintiff prevail, they stand to receive compensation through either a settlement or a jury verdict. The quantum of compensation hinges on a multitude of factors, including the gravity of the illness, the extent of asbestos exposure endured, and the defendant’s financial capacity.

It is important to acknowledge that mesothelioma lawsuits can be protracted and intricate affairs, often spanning several years before resolution is attained. Nevertheless, they offer a lifeline of significant financial assistance to victims and their families, helping to defray the exorbitant costs associated with mesothelioma treatment and other related expenses.

Asbestos Trust Funds:

Asbestos trust funds serve as a recourse established by companies deemed responsible for subjecting individuals to asbestos exposure, thereby leading to mesothelioma and other asbestos-related illnesses. These funds were instituted to provide compensation to victims who, due to the companies’ bankruptcy filings, were unable to pursue legal action against them.

Upon filing for bankruptcy, companies are obligated to create a trust fund designed to compensate those affected by asbestos. Typically, a board of trustees oversees the management of the trust fund, responsible for assessing and disbursing claims. The amount of compensation awarded from the trust fund varies based on factors such as the severity of the illness, the company accountable for the exposure, and other relevant considerations.

Asbestos trust funds are often regarded as a more reliable and expeditious avenue for mesothelioma victims to obtain compensation when compared to pursuing mesothelioma lawsuits. This is because the trust funds are already in place and can provide compensation without subjecting victims to the protracted legal process. However, it is important to note that the compensation amount from a trust fund may be lower than what a victim could potentially receive from a successful mesothelioma lawsuit.

Moreover, certain asbestos trust funds may have limited available resources, resulting in victims receiving less compensation than they are entitled to or experiencing delays in receiving their compensation. Hence, mesothelioma victims and their families are strongly advised to seek guidance from experienced attorneys to assess whether filing a lawsuit or pursuing compensation through an asbestos trust fund is the optimal course of action for their specific circumstances.

Factors to Consider:

When faced with the choice between mesothelioma lawsuits and asbestos trust funds, it is crucial to take several factors into consideration:

  • Time: Asbestos trust funds offer a considerably swifter payout compared to mesothelioma lawsuits. Typically, trust funds disburse compensation within 3 to 12 months, whereas lawsuits can drag on for several years before resolution.
  • Compensation: It is important to note that the amount of compensation available through asbestos trust funds is generally lower than what can be obtained through a mesothelioma lawsuit. However, trust funds may prove advantageous for individuals with limited evidence of asbestos exposure, as they do not require the same degree of proof as lawsuits.
  • Legal Fees: Mesothelioma lawsuits often entail higher legal fees when compared to filing a claim with an asbestos trust fund. Trust funds typically do not involve any associated legal fees.
  • Statute of Limitations: Mesothelioma lawsuits must adhere to specific deadlines for filing, depending on the state, which are determined by the period following diagnosis or discovery of asbestos exposure. Asbestos trust funds may impose distinct deadlines for claim submission.
  • Individual Circumstances: It is vital to recognize that each case possesses unique characteristics, and the decision to pursue a mesothelioma lawsuit or file a claim with an asbestos trust fund should be based on an individual’s particular circumstances. Factors to consider include the severity of the illness, the strength of the case, and the individual’s financial situation.

Assessing these factors will help individuals make an informed decision regarding whether to proceed with a mesothelioma lawsuit or explore the option of filing a claim with an asbestos trust fund, ultimately ensuring that their chosen course of action aligns with their specific needs and circumstances.

Making the Decision:

When faced with the weighty decision of whether to pursue a mesothelioma lawsuit or opt for an asbestos trust fund claim, one must navigate a multifaceted and deeply personal process. Consider the following factors in your deliberation:

  • Statute of limitations: Be mindful of the prescribed time frame within which you can file a lawsuit. Asbestos trust funds often offer more lenient deadlines compared to lawsuits. Assessing the window of opportunity to file a claim is essential.
  • Likelihood of success: Winning a mesothelioma lawsuit is no small feat and demands significant time and effort. Carefully assess the strength of your case and the probability of achieving a favorable outcome. Weighing the potential for success is crucial in determining whether to pursue a lawsuit or seek compensation through an asbestos trust fund.
  • Timeline for compensation: It is vital to recognize that mesothelioma lawsuits can be protracted affairs, with resolution taking years. In contrast, asbestos trust funds generally provide more expeditious compensation. If your circumstances necessitate prompt financial assistance, an asbestos trust fund may prove to be the more viable choice.
  • Amount of compensation: While mesothelioma lawsuits hold the potential for higher compensation, the actual amount remains uncertain and hinges on a multitude of factors, including the case’s strength, the jury’s decision, and the defendant’s financial situation. Asbestos trust funds, on the other hand, offer predetermined compensation amounts based on the severity of the injury.
  • Legal fees: Mesothelioma lawsuits can be accompanied by substantial legal fees, which can range from 25% to 40% of the compensation awarded. In contrast, asbestos trust funds typically do not involve legal fees, although some may impose administrative charges.

Ultimately, the choice between pursuing a mesothelioma lawsuit or filing a claim with an asbestos trust fund is highly contingent upon your individual circumstances and aspirations. Seeking guidance from a seasoned mesothelioma attorney is paramount to make an informed decision and chart the most appropriate course of action.


Ultimately, when it comes to seeking compensation for the victims of asbestos exposure, mesothelioma lawsuits and asbestos trust funds both hold promise. Yet, the optimal choice rests upon the individual circumstances that surround each case. Factors such as the severity of the injuries, the exorbitant costs of medical treatment, and the availability of evidentiary support are all crucial considerations that shape the decision-making process. In light of these variables, it becomes imperative for mesothelioma victims and their families to seek counsel from adept attorneys who possess the necessary experience to navigate this complex terrain.

The overarching objective remains steadfast: securing equitable compensation to alleviate the burden of medical expenses, lost wages, and other damages that stem from the negligent parties culpable for the asbestos exposure. By harnessing the expertise of seasoned legal practitioners, one can ensure a comprehensive evaluation of their unique circumstances, thereby enabling the formulation of a tailored strategy to pursue the most fitting recourse. In the realm of asbestos-related compensation, personalized guidance is key to forging a path that upholds the pursuit of justice and fair recompense.

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