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If you or a loved one has mesothelioma, you have legal options. You may be able to file a lawsuit to recover compensation from the victim’s employer, insurance company and other parties. There are a few different ways to proceed, and each are suitable for different situations.

Mesothelioma Lawsuits

Asbestos exposure is virtually the only way mesothelioma develops. Although it may seem relatively simple to point to a defendant if a person is diagnosed with the disease, it often takes an attorney with experience to locate all parties that may be responsible (sometimes dozens), and navigate the often complicated body of law to prepare an effective case. In doing so, you and your attorney can file a lawsuit against that party to get compensation for mesothelioma.

There are generally two types of mesothelioma lawsuits:

  • Personal Injury Lawsuits
    • filed by the patient after receiving a mesothelioma diagnosis;
    • against companies responsible for asbestos exposure;
    • where claims for damages are made due to mesothelioma cancer;
    • to compensate the patient for all related costs associated with treatment, lost income, pain/suffering and others
  • Wrongful Death Lawsuits
    • filed by family members after the patient dies;
    • against companies responsible for asbestos exposure
    • where claims for damages are made due to death resulting from mesothelioma cancer;
    • to compensate the family for previous medical expenses, funeral expenses, lost income potential, loss of consortium, and others

To file a lawsuit, your attorney will file the proper paperwork with the court. Once the defendant is notified, they will either settle out of court, or fight the accusation in court. An experienced attorney can win the compensation a victim needs in either scenario.

Mesothelioma Trust Claims

Companies that used or manufactured asbestos may set up trust funds to cover mesothelioma claims. They may also set up these funds if they file for bankruptcy. There are currently 100 known asbestos trusts available totaling close to $30 billion in funds.

In order to make a mesothelioma trust fund claim, the victim must first ensure they meet the fund’s criteria. Often, this means proving the victim worked at the company and/or used machinery or products involving asbestos, and developed mesothelioma. After the criteria is met, and the proper forms are filed for the claim, the payment from the trust fund is made.

Mesothelioma Benefits Claims

There are two general types of benefits claims that can be made if you develop mesothelioma: workers’ compensation and veterans’ benefits. Workers’ compensation laws vary by state, but in general, any injury or illness directly related to work is covered. A local attorney can help you determine how much compensation you’re entitled to under your state’s laws.

The United States Department of Veterans Affairs has created a fund for those who served in the military and were exposed to asbestos during their time serving. This exposure may have come from the shipyard, ammunition storage, military vehicles and other sources. To claim veterans’ benefits, veterans must have been left the military in good standing, been exposed to asbestos and have medical proof they developed mesothelioma.

Mesothelioma Insurance Claims

Lastly, compensation for mesothelioma can come from insurance claims. For the most part, the compensation provided relies heavily on the type of coverage bought from the insurer. Though it can be hard to sue an insurer for more coverage than originally paid for, it may be possible to bring legal action if the insurer doesn’t make payments promptly.

Medical insurance is the most common type of insurance in this instance. Depending on your policy, the insurer may cover some or all of your mesothelioma-related medical bills after the deductible has been met. However, for some less expensive policies, mesothelioma treatment may only be covered for so long. It’s important to make sure you have coverage if you have to leave your job, and therefore your employer’s insurance, due to your diagnosis.

Disability insurance can be provided by an employer or a personal policy, and are engaged when a person is no longer able to work. There are requirements that must be made to successfully file a claim. A mesothelioma victim may also qualify for Social Security Disability Insurance (SSDI) if they pay into Social Security.

Finally, supplemental insurance is often an add-on policy to medical insurance policies. Supplemental insurance may include critical illness/”dread disease” insurance, hospital stay insurance and cancer insurance. Any of these may be used to cover mesothelioma treatment.

Because insurance laws are complex, it’s important to talk to an experienced attorney if the insurer stops payment.