Compensation Options Overview
Mesothelioma patients and their families may be eligible for compensation from multiple sources. Because asbestos companies knew about the dangers of their products but failed to warn workers, courts have held them liable for damages. Understanding your options is the first step toward financial security during treatment.
Asbestos Trust Funds
Over 60 asbestos trust funds have been established by bankrupt asbestos companies, holding more than $30 billion in assets to compensate victims. These trusts allow patients to receive compensation without going to trial.
Trust fund claims typically require documentation of:
- Medical diagnosis of mesothelioma
- Evidence of exposure to the company's products
- Work history establishing exposure timeline
Patients may file claims with multiple trusts if they were exposed to products from multiple companies. Processing times vary from a few months to over a year.
Mesothelioma Lawsuits
Patients diagnosed with mesothelioma may have grounds for a personal injury lawsuit against companies responsible for their asbestos exposure. These lawsuits can result in:
- Settlements: Negotiated payments before trial (most common outcome)
- Verdicts: Jury awards if the case goes to trial
Lawsuits are separate from trust fund claims, and patients may pursue both. Most mesothelioma attorneys work on a contingency basis, meaning no fees unless compensation is recovered.
Statute of Limitations
Every state has time limits for filing mesothelioma lawsuits. These deadlines—called statutes of limitations—typically begin when the patient is diagnosed or should have known about their illness. Missing these deadlines can forfeit your right to file.
| State | Personal Injury | Wrongful Death |
|---|---|---|
| California | 1 Year | 1 Year |
| Florida | 4 Years | 2 Years |
| Illinois | 2 Years | 2 Years |
| Maine | 6 Years | 2 Years |
| New York | 3 Years | 2 Years |
| Texas | 2 Years | 2 Years |
*Sample states shown. Limitations periods vary and special rules may apply. Consult an attorney for your specific situation.
Veterans Benefits
Veterans comprise over 30% of mesothelioma patients due to widespread asbestos use in military facilities, ships, and equipment. Veterans may be eligible for:
- VA Disability Compensation: Monthly payments based on disability rating
- VA Healthcare: Treatment at VA medical centers
- Aid and Attendance: Additional benefits for veterans needing assistance
- Dependency and Indemnity Compensation (DIC): Benefits for surviving family members
Veterans with mesothelioma typically receive a 100% disability rating, which provides the maximum monthly compensation. These benefits can be received alongside trust fund payments and lawsuit settlements.
Workers Compensation
Some states allow workers compensation claims for occupational asbestos exposure. However, workers comp typically provides lower compensation than lawsuits and may limit your ability to sue your employer. The rules vary significantly by state.
Important Considerations
MesoWatch provides educational information, not legal advice. Every case is different, and laws vary by state. If you're considering legal action, consult with an attorney experienced in asbestos litigation to understand your specific options and deadlines.