Compensation and Attorney of Mesothelioma

Compensation and Attorney of Mesothelioma

What is mesothelioma

Malignant mesothelioma is a type of cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium).

Mesothelioma is an aggressive and deadly form of cancer. Mesothelioma treatments are available, but for many people with mesothelioma, a cure isn't possible.

Doctors divide mesothelioma into different types based on what part of the mesothelium is affected. Mesothelioma most often affects the tissue that surrounds the lungs (pleura). This type is called pleural mesothelioma. Other, rarer types of mesothelioma affect tissue in the abdomen (peritoneal mesothelioma), around the heart and around the testicles.

Mesothelioma Symptoms

Signs and symptoms of mesothelioma vary depending on where the cancer occurs.

Pleural mesothelioma, which affects the tissue that surrounds the lungs, causes signs and symptoms that may include:

• Chest pain
• Painful coughing
• Shortness of breath
• Unusual lumps of tissue under the skin on your chest
• Unexplained weight loss

 

Peritoneal mesothelioma, which occurs in tissue in the abdomen, causes signs and symptoms that may include:

• Abdominal pain
• Abdominal swelling
• Nausea
• Unexplained weight loss

 

Other forms of mesothelioma

Signs and symptoms of other types of mesothelioma are unclear, since these forms of the disease are very rare.

Pericardial mesothelioma, which affects tissue that surrounds the heart, can cause signs and symptoms such as breathing difficulty and chest pains.

Mesothelioma of tunica vaginalis, which affects tissue surrounding the testicles, may be first detected as swelling or a mass on a testicle.

 

Causes of Mesothelioma

In general, cancer begins when a series of changes (mutations) happens in a cell's DNA. The DNA contains the instructions that tell a cell what to do. The mutations tell the cell to grow and multiply out of control. The abnormal cells accumulate and form a tumor.

It isn't clear what causes the initial genetic mutations that lead to mesothelioma, though researchers have identified factors that may increase the risk. It's likely that cancers form because of an interaction between many factors, such as inherited conditions, your environment, your health conditions and your lifestyle choices.

 

Complications

As pleural mesothelioma spreads in the chest, it puts pressure on the structures in that area. This can cause complications, such as:

• Difficulty breathing
• Chest pain
• Difficulty swallowing
• Pain caused by pressure on the nerves and spinal cord

Accumulation of fluid in the chest (pleural effusion), which can compress the lung nearby and make breathing difficult

 

Prevention

Reducing your exposure to asbestos may lower your risk of mesothelioma.

Find out whether you work with asbestos

Most people with mesothelioma were exposed to the asbestos fibers at work. Workers who may encounter asbestos fibers include:

• Asbestos miners
• Electricians
• Plumbers
• Pipefitters
• Insulators
• Shipyard workers
• Demolition workers
• Brake mechanics
• Selected military personnel
• Home remodelers

 

Compensation for Mesothelioma

How Much Compensation Can You Get for Mesothelioma?

Mesothelioma compensation differs for each type of claim. According to a 2016 Mealey’s Litigation Report, the average mesothelioma trial payout is about $2.4 million. The average settlement ranges from $1 million to $1.4 million.

If a mesothelioma claim goes to trial, a settlement could be reached or a jury could determine the amount of compensation, if the defendant is found guilty of the asbestos exposure. Most cases settle before trial.

If a loved one dies from mesothelioma, compensation may be available to family members, spouses or dependents through a wrongful death lawsuit filed on behalf of the loved one’s estate.

Mesothelioma compensation helps cover medical expenses, lost wages, travel costs and other losses. It also provides financial security for families when a loved one can no longer work.

There may also be other types of financial assistance available. It’s important to weigh all of your available options for compensation to decide what is best for you and your family

 

How Long Will It Take to Get Compensation?

Reaching a verdict from a jury trial and then receiving compensation could take years, but defendants may offer to settle quickly, possibly within several months. The amount of time it takes to receive compensation also depends upon the type of claim that you file.

Money from asbestos trusts may be received within a few months.

Deciding whether to file a lawsuit is an important decision in any situation, especially if you are coping with the stress of a terminal illness. A mesothelioma lawyer can provide the most accurate estimate of how long it might take to receive compensation for your unique case.

 

Types of Mesothelioma Compensation

Sources of mesothelioma compensation include asbestos trust funds, as well as verdicts or settlements obtained through lawsuits.

Legal claims directed to asbestos trust funds outnumber mesothelioma lawsuits because many asbestos companies have gone bankrupt. This does not necessarily mean that those companies have escaped liability.

In bankruptcy proceedings, many asbestos manufacturers have been ordered to set up trust funds with enough money to compensate future asbestos victims. Most trust funds contain hundreds of millions of dollars, and some even contain billions.

A mesothelioma lawyer may recommend that you file both a trust fund claim and a lawsuit depending upon which asbestos products are relevant to your case.

 

Asbestos Trust Funds

If you develop mesothelioma as a result of exposure to an asbestos product made by a company that went bankrupt, your legal claim for damages may be processed through the bankrupt company’s trust fund rather than the court system.

Trust fund claims generally are processed quicker than mesothelioma lawsuits because they don’t have to be handled by the court system. Claimants typically receive compensation within a couple of months.

 

Mesothelioma Lawsuits

A mesothelioma personal injury lawsuit frequently is the best type of claim to file if your family wishes to receive compensation to pay for medical bills, lost wages and other expenses. A mesothelioma attorney can walk you through the process and handle every legal detail while you focus on treatment and recovery.

Another option is filing a wrongful death claim when a person dies of mesothelioma. Surviving family members often represent the estate when filing this type of claim.

There are Two Types of Mesothelioma Lawsuits:

Personal Injury Claims: These lawsuits are filed by people diagnosed with mesothelioma seeking compensation to cover medical bills, lost wages and other expenses.

Wrongful Death Claims: These lawsuits are usually filed by the estate of a deceased loved one who died of mesothelioma.

If the defendants do not settle and your case goes to trial, a court or jury will decide your case. If the defendant is found liable, the trial verdict will include monetary compensation. Each mesothelioma case is unique, and there are no set guidelines for compensation.

If you win, the amount owed to you depends on the facts of your case and other factors such as medical costs and lost income.

According to a 2021 leading industry report, more than 3,600 mesothelioma lawsuits seeking compensation were filed in the U.S. in 2020.

 

Settlements

A settlement happens when a defendant offers to pay compensation to a mesothelioma plaintiff in exchange for discontinuation of the lawsuit.

Many mesothelioma lawsuits are settled before trial. A qualified asbestos law firm will negotiate settlements on your behalf and advise you on whether to take the compensation or pursue a trial.

Several factors affect whether your mesothelioma lawsuit reaches a settlement. Some defendants decide settling a claim is cheaper than incurring more legal fees and affords certainty of the amount of payment rather than risking a loss at trial, along with an uncertain amount of damages.

Other defendants are willing to risk a trial because they can opt to negotiate a settlement at any point, particularly if the evidence in the case seems to favor the defendent.