Mesothelioma is a rare and aggressive form of cancer caused by prolonged exposure to asbestos, a group of naturally occurring, toxic mineral fibers that was once used in construction, industrial, and consumer products.
Getting a mesothelioma diagnosis is physically and emotionally draining. Families also have to deal with financial burden. Proving exposure is challenging, and selecting the right legal option requires careful consideration.
The first thing you need to do is understand different legal options. Here’s a closer look:
Mesothelioma Lawsuits
Asbestos exposure is a preventable hazard. If you or a loved one has been diagnosed with mesothelioma, you have the right to file a lawsuit. The two common types of lawsuits include:
Personal Injury Lawsuits
It is the most direct legal claim available to individuals diagnosed with mesothelioma or other asbestos-related respiratory illnesses. A personal injury lawsuit is filed against companies that manufactured, distributed, or used asbestos-containing products.
Until the late 1980s, asbestos was commonly used in industrial, construction, and consumer products. Even after the dangers of asbestos were brought to light, many companies continued to use toxic products.
A personal injury lawsuit targets one or more defendants responsible for asbestos exposure and seeks compensation for medical costs, lost wages, pain and suffering, and emotional distress.
Wrongful Death Lawsuits
If your loved one has passed away due to mesothelioma or other asbestos-related illnesses, you can file a wrongful death case. These claims are similar in structure to personal injury cases but primarily focus on the impact of the death on the family.
A wrongful death lawsuit can be filed by:
- Spouse
- Children
- Estate representatives
It seeks compensation for funeral expenses, loss of companionship, and future earnings. In many cases, families pursue punitive damages for misconduct.
For both types of lawsuits, working with experienced mesothelioma lawyers is important. They help determine the value of your claim. Work with a reliable law firm like ELSM Law to increase your chances of fair compensation.
Asbestos Trust Funds
In some cases, you can file a claim against an asbestos trust fund.
But first, what exactly are asbestos trust funds? These are established by companies that are facing numerous lawsuits for manufacturing asbestos products or for causing direct exposure. Some decades ago, many such companies started filing for Chapter 11 bankruptcy. As a result, the state ordered them to create a trust fund to compensate present and future victims.
Well-known Asbestos Trust Funds
Numerous well-known companies have formed asbestos trust funds, including:
- Armstrong World Industries
- Babcock & Wilcox
- Combustion Engineering
- Johns-Manville
- United States Gypsum
According to reports, more than $30 billion is available in asbestos trust funds. Victims or their families must file a claim with the specific trust fund associated with the relevant company.
Asbestos trust fund cases generally move faster than lawsuits and can guarantee quick financial relief.
Veterans Affairs (VA) Benefits
As mentioned earlier, asbestos was once commonly used in industrial and commercial products. This includes ships, barracks, and equipment. As a result, military veterans are at high risk of mesothelioma.
The U.S. Department of Veterans Affairs offers compensation for asbestos victims. Families can file a claim, provide proof of service-related asbestos exposure, and get compensated.
