Are you or someone you know dealing with mesothelioma? This rare form of cancer is typically caused by exposure to asbestos, a material that was widely used in construction and manufacturing until the 1970s. If you or a loved one has been diagnosed with mesothelioma, it’s important to know your options for compensation. In this article, we’ll explore some little known facts about compensation for mesothelioma victims.
What is Mesothelioma?
Mesothelioma is a type of cancer that affects the lining of the lungs, heart, or abdomen. It is caused by exposure to asbestos fibers, which can become embedded in the lining of these organs and cause inflammation and scarring over time. Mesothelioma symptoms can include shortness of breath, chest pain, coughing, and weight loss. Unfortunately, mesothelioma is often not diagnosed until it has progressed to an advanced stage.
What are the Different Types of Mesothelioma?
There are three main types of mesothelioma: pleural mesothelioma, which affects the lining of the lungs; peritoneal mesothelioma, which affects the lining of the abdomen; and pericardial mesothelioma, which affects the lining of the heart. Each type of mesothelioma has its own unique symptoms and treatment options.
Compensation for Mesothelioma Victims
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to compensation. Asbestos companies were aware of the health risks associated with their products but failed to warn workers or consumers of the dangers. As a result, many mesothelioma victims have been able to receive compensation for their medical expenses, lost wages, and pain and suffering.
Is There a Statute of Limitations for Mesothelioma Claims?
Yes, there is a statute of limitations for mesothelioma claims. The time limit for filing a claim varies by state, but it is typically between 1-3 years from the date of diagnosis. It’s important to act quickly if you or a loved one has been diagnosed with mesothelioma to ensure that you don’t miss the deadline for filing a claim.
Little Known Facts About Compensation for Mesothelioma
1. Not all Mesothelioma Cases are Caused by Occupational Exposure
While many mesothelioma cases are caused by occupational exposure to asbestos, some cases are caused by secondary exposure. This can occur when a person is exposed to asbestos fibers that have been brought home on the clothing or skin of someone who works with asbestos.
2. Compensation for Mesothelioma Victims can be Substantial
The amount of compensation awarded to mesothelioma victims can vary depending on the severity of the illness and other factors. However, some victims have been awarded millions of dollars in compensation for their medical expenses, lost wages, and pain and suffering.
3. There are Multiple Avenues for Compensation
Victims of mesothelioma may be able to receive compensation from multiple sources, including asbestos trust funds, workers’ compensation, and personal injury lawsuits. Consulting with an experienced mesothelioma lawyer can help you determine the best course of action for your specific case.
4. Compensation is not Taxable
Compensation received from mesothelioma claims is typically not subject to federal income tax. However, it’s always a good idea to consult with a tax professional to ensure that you understand the tax implications of any compensation you receive.
5. Compensation can be Delayed
Unfortunately, compensation for mesothelioma victims can sometimes be delayed due to the complexity of these cases. It can take several months or even years to receive compensation, depending on the circumstances of your case.
6. Compensation may be Available Even if the Company is Bankrupt
Many asbestos companies have gone bankrupt due to the large number of mesothelioma claims they have faced. However, many of these companies have established trust funds to compensate victims. Even if the company responsible for your exposure is bankrupt, you may still be able to receive compensation.
7. There is Help Available
If you or a loved one has been diagnosed with mesothelioma, there are resources available to help you navigate the complex process of seeking compensation. Organizations like the Mesothelioma Applied Research Foundation and the Asbestos Disease Awareness Organization can provide support, education, and advocacy for mesothelioma patients and their families.
FAQs About Compensation for Mesothelioma Victims
1. What is the Average Settlement for Mesothelioma?
There is no average settlement for mesothelioma, as each case is unique. However, some mesothelioma victims have received settlements or jury verdicts in the millions of dollars.
2. How Long Does it take to Receive Compensation for Mesothelioma?
It can take several months or even years to receive compensation for mesothelioma, depending on the circumstances of your case.
3. Can I File a Mesothelioma Lawsuit Even if I Don’t Know Where I was Exposed to Asbestos?
Yes, you can still file a mesothelioma lawsuit even if you are not sure where you were exposed to asbestos. An experienced mesothelioma lawyer can investigate your case and help you determine who may be responsible for your exposure.
4. How Much Does it Cost to Hire a Mesothelioma Lawyer?
Many mesothelioma lawyers work on a contingency fee basis, which means that they don’t get paid unless you receive compensation. If you do receive compensation, the lawyer will take a percentage of the award as their fee.
5. Can I Receive Compensation Even if I Was Exposed to Asbestos Decades Ago?
Yes, you can still receive compensation even if you were exposed to asbestos many years ago. Asbestos fibers can remain in the body for decades before causing mesothelioma, so there is no time limit for filing a claim.
6. Can I File a Mesothelioma Claim on Behalf of a Deceased Family Member?
Yes, you can file a mesothelioma claim on behalf of a deceased family member. This is known as a wrongful death claim. The compensation awarded in a wrongful death claim can help cover funeral expenses, medical bills, and other costs associated with the death of a loved one.
7. Can I Receive Compensation for Mesothelioma if I was Diagnosed in a Different State than Where I was Exposed to Asbestos?
Yes, you may be able to receive compensation for mesothelioma even if you were diagnosed in a different state than where you were exposed to asbestos. An experienced mesothelioma lawyer can help you navigate the laws and regulations of different states to determine the best course of action for your case.
8. What if I Can’t Afford Medical Treatment for Mesothelioma?
There are resources available to help mesothelioma patients access the medical care they need. The National Cancer Institute provides information on clinical trials and treatment options for mesothelioma, and some organizations offer financial assistance to help cover medical expenses.
9. Can I Receive Compensation for Lost Wages Due to Mesothelioma?
Yes, you may be able to receive compensation for lost wages due to mesothelioma. This can include both past and future lost wages, as well as compensation for any loss of earning potential.
10. Do I Need to Prove Negligence to Receive Compensation for Mesothelioma?
Not necessarily. In some cases, mesothelioma victims can receive compensation through asbestos trust funds without having to prove negligence on the part of the asbestos company or manufacturer.
11. Can I Still Receive Compensation if I Smoked?
Yes, you can still receive compensation for mesothelioma even if you smoked. Smoking does not increase your risk of developing mesothelioma, and it does not affect your eligibility for compensation.
12. Can I Receive Compensation for Emotional Distress?
Yes, you may be able to receive compensation for emotional distress related to your mesothelioma diagnosis. In addition to compensation for medical expenses and lost wages, you may be able to receive damages for pain and suffering.
13. Should I Hire a Mesothelioma Lawyer?
If you or a loved one has been diagnosed with mesothelioma, it’s important to consult with an experienced mesothelioma lawyer to explore your options for compensation. A lawyer can help you determine the best course of action for your specific case and can provide guidance and support throughout the process.
Conclusion
If you or a loved one is dealing with mesothelioma, it’s important to know that compensation may be available. While the process of seeking compensation can be complex and time-consuming, it’s worth exploring your options to ensure that you receive the financial support you need. With the help of an experienced mesothelioma lawyer and support from organizations like the Mesothelioma Applied Research Foundation, you can get the help you need to navigate this difficult time.
Closing Disclaimer
The information contained in this article is for educational and informational purposes only and is not intended to be a substitute for medical or legal advice. If you or a loved one has been diagnosed with mesothelioma, it’s important to consult with an experienced medical professional and mesothelioma lawyer to explore your options for compensation and treatment.
