The Cost of Mesothelioma Treatment and How Medicare Can Help
Mesothelioma is a rare and aggressive form of cancer that develops in the lining of the lungs, abdomen, or heart. It is almost always caused by exposure to asbestos, a mineral that was commonly used in construction, shipbuilding, and other industrial settings until the late 1970s. Because mesothelioma can take decades to develop, many people are diagnosed when they are already retired and on Medicare.
The cost of mesothelioma treatment can be overwhelming. According to the American Cancer Society, the average cost of a stay in the hospital for mesothelioma treatment is $42,000, and the average cost of a course of chemotherapy is $30,000. Fortunately, Medicare can help cover some of these costs for eligible recipients.
What is a Mesothelioma Settlement?
A mesothelioma settlement is an agreement between a plaintiff who has been diagnosed with mesothelioma and one or more defendants who are alleged to have caused or contributed to the plaintiff’s illness. Typically, the plaintiff will receive a lump sum payment in exchange for dropping their lawsuit and releasing the defendant from any further liability.
There are several types of defendants in mesothelioma cases, including manufacturers of asbestos-containing products, suppliers of asbestos-containing materials, and employers who failed to provide adequate protective equipment or warning of the dangers of asbestos. In some cases, multiple defendants will be named in a single lawsuit.
How Does Medicare Affect a Mesothelioma Settlement?
Medicare may be entitled to recover some of the money it has paid for a mesothelioma patient’s medical care from a settlement or judgment. This is known as a Medicare lien or a Medicare set-aside. Medicare’s lien typically covers only the medical expenses related to the mesothelioma treatment, not other medical expenses or non-medical damages such as pain and suffering.
It is important to work with an experienced mesothelioma attorney who can help negotiate with Medicare and ensure that the settlement or judgment is structured in a way that reduces the amount of money that Medicare can recover. Failure to do so can result in significant reductions in the plaintiff’s settlement or judgment award.
What is a Structured Settlement?
A structured settlement is a type of settlement in which the plaintiff receives a series of payments over time, rather than a lump sum payment. Structured settlements can be beneficial in mesothelioma cases because they can help reduce the amount of money that Medicare can recover.
Structured settlements can be customized to meet the plaintiff’s specific needs, and can include periodic lump sum payments for large expenses such as medical bills or home modifications. They can also be designed to provide income to the plaintiff for the rest of their life.
What Should I Do If I Have Been Diagnosed with Mesothelioma?
If you have been diagnosed with mesothelioma, the first step is to seek medical treatment from a qualified mesothelioma specialist. Then, you should consult with an experienced mesothelioma attorney who can help you understand your legal options and pursue compensation from the parties responsible for your illness.
Mesothelioma cases can be complex and time-consuming, so it is important to work with an attorney who has experience handling mesothelioma cases and who can help you navigate the legal process. Your attorney can also help you determine your eligibility for Medicare benefits and ensure that any settlement or judgment is structured in a way that minimizes the amount of money that Medicare can recover.
What Are My Legal Options If I Am Diagnosed with Mesothelioma?
If you are diagnosed with mesothelioma, you may be eligible to file a lawsuit against the parties responsible for your illness. Depending on the circumstances of your case, you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
It is important to work with an experienced mesothelioma attorney who can help you understand your legal options and pursue compensation from the parties responsible for your illness. Your attorney can also help you determine your eligibility for Medicare benefits and ensure that any settlement or judgment is structured in a way that minimizes the amount of money that Medicare can recover.
What Factors Affect the Amount of My Mesothelioma Settlement?
Several factors can affect the amount of a mesothelioma settlement, including:
| Factor | Description |
|---|---|
| The defendant(s) | The number and financial resources of the defendant(s) |
| The plaintiff’s illness | The stage and severity of the plaintiff’s mesothelioma |
| The plaintiff’s age and health | The plaintiff’s life expectancy and overall health |
| The plaintiff’s work history | The plaintiff’s exposure to asbestos and history of employment |
| The plaintiff’s pain and suffering | The physical and emotional pain and suffering caused by the mesothelioma |
An experienced mesothelioma attorney can help you determine how these factors may affect your case and pursue the maximum compensation available to you.
What Should I Look for in a Mesothelioma Attorney?
When choosing a mesothelioma attorney, it is important to look for someone who:
- Has experience handling mesothelioma cases
- Is familiar with the specific laws and regulations governing mesothelioma cases
- Has a track record of successfully recovering compensation for their clients
- Is responsive and communicative with their clients
- Charges a reasonable fee structure
You should also feel comfortable working with your attorney and confident in their ability to represent you effectively.
What Should I Do After Receiving a Mesothelioma Settlement?
After receiving a mesothelioma settlement, it is important to consult with an experienced accountant or financial planner who can help you manage your settlement funds and plan for your future. Depending on the size of your settlement, you may also be eligible for certain government benefits such as Medicaid or Supplemental Security Income.
It is also important to continue monitoring your health and undergoing regular medical checkups to detect any signs of mesothelioma recurrence or other health issues.
Can I Afford a Mesothelioma Attorney?
Many mesothelioma attorneys work on a contingency fee basis, which means that they only get paid if they recover compensation for their clients. The fee is typically a percentage of the total settlement or judgment award. This fee structure is designed to make mesothelioma legal representation accessible to everyone, regardless of their financial situation.
Additionally, many mesothelioma attorneys offer free initial consultations, during which they can evaluate your case and give you an idea of what your legal options are.
How Can I Help Prevent Mesothelioma?
The best way to prevent mesothelioma is to avoid exposure to asbestos. If you work in an industry that may expose you to asbestos, be sure to follow all safety protocols and use personal protective equipment such as respirators and gloves. If you are remodeling or renovating an older home or building, be aware that asbestos may be present in the insulation, floor tiles, or other materials.
If you think you may have been exposed to asbestos, be sure to mention it to your doctor, even if you are not experiencing any symptoms of mesothelioma. Early detection is key to effective mesothelioma treatment.
Contact a Mesothelioma Attorney Today
If you or a loved one have been diagnosed with mesothelioma, it is important to seek legal representation as soon as possible. An experienced mesothelioma attorney can help you navigate the complex le
gal process and pursue the compensation you deserve. Contact a mesothelioma attorney today to schedule a free consultation and discuss your legal options.
Closing
Mesothelioma is a devastating illness that can be financially and emotionally overwhelming. Fortunately, Medicare and other forms of compensation may be available to help offset some of the costs associated with mesothelioma treatment. If you or a loved one have been diagnosed with mesothelioma, it is important to seek legal and financial guidance as soon as possible to ensure that your rights are protected and that you receive the compensation you deserve.
Disclaimer
The information in this article is for general informational purposes only and should not be construed as legal or medical advice. The information is not intended to create an attorney-client relationship or a doctor-patient relationship. You should consult an attorney or medical professional for advice specific to your individual situation.
