Everything You’ve Ever Wanted to Know About Mesothelioma Compensation
Mesothelioma is a type of cancer caused by asbestos exposure that almost always occurs in the lining of the lungs, stomach, heart, and other organs.
It is caused by exposure to asbestos, which is a natural mineral and carcinogen. Asbestos is used in the production of roof shingles, paint, pipes, flooring, walls, heat-resistant textiles and more. People can become exposed to asbestos by breathing it in at construction sites, during home repairs, or situations that involve demolition work.
Unfortunately, mesothelioma cannot be cured and is usually fatal. As a result, families are left not only to grieve their loved one, but also to deal with their medical expenses, which can accumulate quickly.
Symptoms of Mesothelioma
Because mesothelioma is rare, it can be difficult to diagnose. There are two types of mesothelioma and it’s important to pay attention to the telltale signs of each type.
For pleural mesothelioma, the symptoms can include chest pain, painful coughing, shortness of breath, unusual lumps of tissue under the skin on your chest, or unexplained weight loss. Pleural mesothelioma appears in the tissues lining the lungs, unlike peritoneal mesothelioma, which occurs in the abdomen.
The symptoms for peritoneal mesothelioma include abdominal pain, abdominal swelling, nausea and unexplained weight loss.
If you are experiencing any of these symptoms and they don’t seem to be getting any better, it’s vital that you go see a doctor right away.
Many of these symptoms are also common in other illnesses and a doctor will be able to run the proper exams to let you know if your symptoms are a result of mesothelioma or something else. If you know that you have been exposed to asbestos, be sure to disclose that information to your doctor.
How Does Mesothelioma Form?
It’s still unclear how exactly mesothelioma develops, although the general consensus is that it happens as a result of being exposed to asbestos. Asbestos dust, when inhaled, can settle into the stomach or lungs and lead to mesothelioma forming in the organs. It can take years for mesothelioma to form which is why not much information is known about it to this day.
Not everyone who is exposed to asbestos gets mesothelioma, but people who are predisposed to cancer or any other illnesses may also have a higher chance of getting it.
Being exposed to mesothelioma either at work or at home may end up having complications later on in life.
Treating Mesothelioma
Unfortunately, there is no cure for mesothelioma.
However, there are some measures one can take in order to either stop the spread of mesothelioma or relieve some of the symptoms that come with it. This can include things like surgery, radiation and chemotherapy.
Surgery is beneficial for those whose mesothelioma hasn’t spread. By undergoing surgery, doctors may be able to remove the cancerous tissue in order to prevent it from spreading. Again, this is only available for people who are in the early stages of mesothelioma.
Chemotherapy is another way to keep mesothelioma at bay as it helps to kill off cancer cells in the body. The effectiveness of chemotherapy depends on the stage in which the cancer is at diagnosis. Oftentimes, doctors will combine chemotherapy with surgery or other forms of treatment to make it more effective.
Radiation as well as immunotherapy treatments can also be treatment options. These types of treatments use drugs to activate the immune system to kill off cancer cells.
Treating mesothelioma can be costly, even with some of the best insurance around. As a result, those who suffer from it also have to deal with the stress of paying off their medical bills. Without insurance, it can cost anywhere between $11,000 and $12,000 a month to treat mesothelioma.
Just a diagnosis alone can cost $1,600, not to mention the treatments that will come with the diagnosis. If the patient decides to undergo chemotherapy, each cycle can cost between $10,000 – $50,000.
These costs also don’t take into consideration loss of wages that may come from being too sick to work or having to miss work due to doctor’s appointments. Even prescriptions for medications may break the bank. The estimate also doesn’t include the cost of travel, room and board if you have to seek medical treatment somewhere that isn’t local to you.
As you can see, paying for the treatment of mesothelioma isn’t cheap. This is why patients often file a lawsuit against their employer or the company that manufactured the products that led to their asbestos exposure.
Filing for Mesothelioma Compensation
In order to qualify for mesothelioma compensation you must first file a claim and the amount of compensation you are eligible for will depend on the type of claim that you file.
On average, the amount of mesothelioma trial payout is $2.4 million. This goes directly to the person suffering from mesothelioma, or to the family if that person is deceased. After filing the claim, it can go to trial and therefore a jury will be left to determine the settlement if you win your claim. The jury can determine whether the defendant is liable or not liable. Unfortunately if you win the lawsuit, the money isn’t paid out right away and it can take anywhere between a few months to several years to receive payment.
Sometimes a defendant may want to settle quickly or out of court, which could result in your payout being received much more quickly. If a defendant doesn’t want to go to court, they may offer the plaintiff a settlement so that they drop the lawsuit. Many times, defendants don’t want to go to court because they don’t want to pay for lawyers and any other additional court fees. If you are considering filing a lawsuit for either yourself or a deceased loved one, be sure to reach out to an attorney to discuss your options.
Different Types of Lawsuits
As mentioned earlier, there are different types of lawsuits you can file if you or a loved one have been affected by mesothelioma as a result of asbestos exposure. You can file either a personal injury claim or a wrongful death claim.
A personal injury claim is for people who are suffering from mesothelioma directly and need help paying for their medical bills or want to be compensated for lost wages. A wrongful death claim on the other hand, is filed by the loved ones of the deceased.
Forms of Compensation
If you win your claim, the money you receive will likely come from an asbestos trust fund. This is a fund set up by manufacturers who have gone bankrupt as a result of so many lawsuits against them. Money from these accounts comes much more quickly than if you were to go to trial as they don’t have to be processed through the court system.
Keep in mind however that the only way you can receive this type of compensation is if the company you are filing the suit against has established a trust fund.
How to File a Claim
If you or a relative are considering filing a claim for compensation from a manufacturer that exposed you to asbestos, there are a few important steps to follow beforehand. The first thing you want to do is reach out to a lawyer who specializes in fighting for mesothelioma claims and speak to them about your options.
A lawyer should be able to tell you what type of compensation you are eligible for as well as walk you through your history of exposure to asbestos. Your exposure history is important but can be difficult to determine because the exposure may have happened years prior. Luckily, mesothelioma lawyers have access to resources that can help track your asbestos exposure as accurately as possible, which can be extremely helpful to your case. This can include things like your employment records, eyewitness accounts, proof that specific products or brands you worked with in the past included asbestos in them, and more.
Before filing a lawsuit, an experienced lawyer will give you several options for compensation, which can include the trust fund option that was mentioned earlier.
Before filing a lawsuit, an experienced lawyer will give you several options for compensation, which can include the trust fund option that was mentioned earlier.
Another helpful step to take before filing a lawsuit is to make sure you are keeping track of any illness-related expenses. This can be things like plane tickets and hotels you’ve booked to get to medical appointments, costs of medications, and payments made out of pocket to your medical provider. This will help determine the amount of money you may qualify for.
It will also be helpful to note all of the days you were out of work as a result of your illness so that lost wages can be considered during your case as well.
Other Ways to Gain Financial Compensation
While you are waiting for your attorney to file the lawsuit or while you are awaiting payout from a claim, you can also look into getting compensation from other organizations that help victims of mesothelioma.
If you are a former member of the military, you may also be entitled to compensation. Veterans who worked on shipyards, in particular, were likely exposed to asbestos and can file claims for any illnesses as a result of exposure.
Your chances of receiving compensation will increase if you file for it at the same time that you file your lawsuit. While your attorney won’t be able to help you file the veteran’s claim, you can always seek help from a qualified VA-Accredited Claims Agent.
Disability insurance is another great resource for you to get back on your feet financially after suffering from illnesses caused by asbestos exposure. If you can’t work due to medical treatments, you can file for disability insurance which allows you to get paid a portion of your salary while you are out of work. In order to qualify for this type of insurance you will need to get written documentation from your doctor explaining your illness and treatments.
Many people with an asbestos-related illness may also be able to qualify for Social Security Disability Benefits. Although it may take a few months to go through the application process, most beneficiaries receive their first payments just days after their claim has been approved.
If you are elderly and are ill from asbestos exposure or mesothelioma, you can apply to receive Medicare or Medicaid benefits. These benefits are related to health care particularly for elderly people who may be disabled or who have a limited income.
Finding the Right Attorney for You
If you or someone you know has been diagnosed with mesothelioma as a result of being exposed to asbestos, you are qualified for mesothelioma compensation. All you need to do is find the right attorney to guide you through the process.
Finding the right attorney to handle your case is vital and can make all the difference.
Be sure to seek out an attorney that specializes in mesothelioma cases as they are experts in the field and already know what to expect.
Be sure to have a few options for attorneys and talk to each and every one of them first before committing. Most of the time, an attorney will be able to give you a free case review and then inform you of their fees upfront so that you can find one that fits your budget.
Other things to consider when hiring an attorney is asking them about their relevant experience, their track record, their availability, and the resources they have available to help you file your mesothelioma lawsuit.
In Conclusion
Just because you or a loved one has been diagnosed with mesothelioma, doesn’t mean you should also have to take on all of the medical expenses on your own.