The Sources of Mesothelioma Compensation

The Sources of Mesothelioma Compensation

The guilt of employers and companies who produce asbestos products for asbestos-related diseases is now proven. And these companies are sued for getting compensation for mesothelioma and other harmful diseases that develop after the contact with asbestos dust. Filing lawsuits is only the one of available options to get compensated for discomfort and damage caused by such health conditions. The amount varies depending on the severity of the disease, its prognosis, and financial expenses for treatment, caring and funeral, moral distress and a lot of other factors. Such mesothelioma compensation is not about earning money on the grief, this is often a way to survive regardless of loss of wages, distress and serious activity limitations.

Making prognosis for the amount of compensation is very hard, as each mesothelioma case is unique. During the proceedings the expectations may change due to the appearance of new facts and defendant’s actions. Very often mesothelioma appears as a consequence of employer’s negligence, ignoring safety measures for working with asbestos and hiding the risks from employees. And this is what needs to be proved in the court in order to get mesothelioma compensation. However, it is not always possible to trace back the disease to some specific employer, as occasional contacts with asbestos are also possible. For instance, a person can live in the building that utilizes source of asbestos in various construction materials. There is even no guess about this. Only experienced attorney is able to consider all possible ways to get the dangerous dosage of this mineral and find the ones who responsible for this.

Each situation requires a specific type of claim. The reason of filing a claim may be different:

  • need to compensate physical and mental damages
  • finding another source of income after the loss of wages due to the disease
  • covering expenses for treatment that are not covered by insurance
  • support for the family
  • expenses for travelling to hospitals and caring centers

There are companies that do not exist for now, became bankrupt. However, they still bear responsibility for the asbestos exposure. Such companies have special funds that pay money to the victims of occupational contact with asbestos, if they apply for compensation. As a rule such funds have specific grid of payments that define the amount to pay by such parameters as diagnosis, age, etc. The size of compensations got from trust funds is lower than it is possible to get if to file a lawsuit against the existing company and there is no way to demand more than provided by the grid of payments.

If a victim files a lawsuit, both parties may come to an agreement before the trial begins. Each of the parties state their decision, and if demandant and defendant agree to each other’s terms, a demandant gets a settlement and the case doesn’t go to the trial. This is cheaper and quicker way to get money for mesothelioma than passing it to the court. If the parties do not come to an agreement, the amount of mesothelioma compensation will be decided by the jury at the finish of the trial process. The verdict of the jury will define how much you will get.

A big group of mesothelioma patients are veterans who were exposed to asbestos when served the country. All the paperwork for filing a VA claim can be done with the aim of Veterans Department, and a claimant will receive the compensation from the country without going to trial.

Each person who faced the problem of asbestos-related disease should consider all options and choose the best fitting one by time, amount of expected compensation, expenses and other characteristics. Such factors as disease prognosis, life expectancy, the urgency in getting money also influence on this choice.


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