Types of Compensation Claims
Asbestos exposure victims have several legal pathways to pursue compensation. Each claim type has different requirements, timelines, and potential payouts. Many patients file multiple claim types simultaneously.
Personal Injury Lawsuits
Filed by diagnosed patients against companies responsible for asbestos exposure. Seeks compensation for medical costs, lost wages, pain and suffering.
Wrongful Death Claims
Filed by family members after a patient passes away. Covers funeral costs, lost financial support, and loss of companionship.
Asbestos Trust Fund Claims
Claims against bankruptcy trusts established by former asbestos companies. Can be filed alongside lawsuits for additional compensation.
VA Disability Claims
For veterans exposed to asbestos during military service. Provides monthly compensation plus healthcare benefits.
Workers Compensation
State-based claims for occupational asbestos exposure. May be filed in addition to other claims in many states.
Comparing Your Options
Different claim types offer different benefits and have different requirements. This comparison helps you understand the trade-offs:
| Claim Type | Can Sue Companies | Punitive Damages | No-Fault Filing | Filing Deadline |
|---|---|---|---|---|
| Personal Injury | Yes | Yes | No | 1-6 years* |
| Wrongful Death | Yes | Yes | No | 1-3 years* |
| Trust Funds | No | No | Yes | Varies |
| VA Claims | No | No | Yes | None |
| Workers Comp | Limited | No | Yes | 1-3 years* |
*Varies by state. Based on diagnosis date or death date.
Filing Multiple Claims
Many mesothelioma patients file multiple claim types to maximize compensation. This is both legal and common practice. For example:
- Lawsuit + Trust Fund Claims: File a lawsuit against solvent defendants while claiming from bankruptcy trusts of defunct companies
- VA Claim + Lawsuit: Veterans can receive VA benefits while also suing private contractors
- Workers Comp + Lawsuit: In many states, you can file workers compensation and a third-party lawsuit
An experienced mesothelioma attorney can identify all applicable claims and file them strategically to maximize total compensation.
Multiple Claims Example
A Navy veteran diagnosed with mesothelioma might receive:
- VA disability: $3,737/month for life
- Trust fund claims: $200,000-$400,000 from multiple trusts
- Lawsuit settlement: $1.5 million from shipyard contractors
Total potential compensation: $2+ million
Which Claim Is Right for You?
The best claim strategy depends on your specific situation:
If you are the patient:
- Personal injury lawsuit (highest potential)
- Trust fund claims (faster, guaranteed)
- VA claim (if veteran)
- Workers compensation (if applicable)
If a loved one has passed:
- Wrongful death lawsuit
- Trust fund claims (continue pending claims)
- VA survivor benefits (if veteran)
- Estate claims for medical costs
If you're a veteran:
- VA disability claim (start immediately)
- Personal injury lawsuit (against contractors)
- Trust fund claims
- VA healthcare enrollment
Frequently Asked Questions
Can I file multiple claims at the same time?
Yes. Filing multiple claim types is legal and common. Many patients receive compensation from lawsuits, trust funds, and VA benefits simultaneously. An attorney can coordinate all claims for maximum recovery.
What is the statute of limitations for mesothelioma claims?
Deadlines vary by state and claim type, typically ranging from 1-6 years. Most states start the clock from date of diagnosis (discovery rule), not date of exposure. Wrongful death claims often have shorter deadlines. View deadlines by state.
Do I need a lawyer to file claims?
While not legally required, mesothelioma claims are complex. Experienced attorneys work on contingency (no upfront cost), handle all paperwork, identify all liable parties, and typically secure higher compensation than self-represented claimants.
What if I don't know where I was exposed?
Mesothelioma attorneys conduct thorough exposure investigations, including reviewing work history, military records, and product databases. They often identify exposure sources patients didn't know about.
Will filing a claim affect my healthcare?
No. Compensation from lawsuits, trust funds, and VA claims does not affect Medicare, Medicaid eligibility, or access to cancer treatment. It provides additional resources for care.
This information is for educational purposes only and should not be considered legal advice. Every case is different. Consult with a qualified attorney to understand your specific legal options.