Mesothelioma Legal Information - Asbestos Trust Fund Compensation

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07/02/23

Mesothelioma Legal Information
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A common form of mesothelioma legal help is an asbestos trust fund.

Major companies established asbestos trust funds as part of bankruptcy deals after they faced an unprecedented amount of lawsuits. After these trust funds were established, victims could no longer file lawsuits against these companies.

According to a report from the U.S. Government Accountability Office (GAO), over $30 Billion has been set aside in asbestos bankruptcy trusts to pay victims of asbestos exposure.

Asbestos trust funds operate in this manner:

1) Mesothelioma patients work with a lawyer to file a claim with the trust fund. This claim outlines how, when, and where the victim was exposed to asbestos and how this caused them to develop mesothelioma.
2) The victim’s lawyer sends the claim to the board of trustees (those operating the trust fund).
3) The board of trustees review the claim and decide whether or not it is valid.

Provided that the claim is not rejected by the board, victims can expect to be financially compensated. That being said, trust funds cannot always pay the amount of money they owe to victims in full.

Trust funds are designed to pay people who currently suffer from mesothelioma, as well as those who may develop it in the future. As a result, trusts may only pay out a percentage of what is actually owed so they can pay other victims later on.

As of 2020, over 60 companies have active asbestos trust funds.

Lawsuits for Mesothelioma and Asbestos-Related Diseases.

Lawsuits are another common type of mesothelioma legal help. Through an asbestos lawsuit, victims determine how a manufacturer may be responsible for their illness with the help of a lawyer. Learn more about mesothelioma lawsuit options below.

Mesothelioma Personal Injury Lawsuits.

Personal injury lawsuits are filed directly with the manufacturers of asbestos-containing products that exposed a mesothelioma victim to asbestos, either through on-the-job exposure or by making the products that the victim used.

The personal injury lawsuit process consists of:

1) Gathering research to see how the victim developed mesothelioma.
2) Determining which manufactures may be responsible.
3) Filing the lawsuit with the company.
4) Strengthening the case with additional evidence.
5) Meeting with the company’s lawyers to come to a solution that everyone agrees on.

The lawsuit process should ultimately award the victim with enough money to cover their medical expenses, as long as their case proves that the manufacturers of asbestos-containing products are responsible for the illness.

Mesothelioma Wrongful Death Lawsuits.

When a person dies due to their mesothelioma diagnosis, any unpaid medical expenses will fall to their family. If this happens, the family or the victim’s estate may be able to file a wrongful death lawsuit.

This type of mesothelioma legal help allows families to cover lingering expenses associated with a loved one’s care and also pay for funeral expenses and emotional suffering.

Wrongful death lawsuits are similar to personal injury lawsuits. The victim’s family or estate representative must bring evidence that shows how their loved one’s deadly illness was caused by the manufacturers of asbestos-containing products.

From there, both legal teams will work towards an agreement that satisfies everyone.

Mesothelioma Class-Action Lawsuits.

In the 1990s, one of the most popular mesothelioma legal help options was a class-action lawsuit. These lawsuits allowed groups of victims to file one collective lawsuit against a company. In return, each victim received the same amount of money.

However, victims often did not receive a fair amount of money back from class-action lawsuits. Further, it was later ruled that mesothelioma lawsuits could not be heard as class-actions by the Supreme Court in 1997 because these lawsuits did not fit the class-action criteria.

Under a class-action lawsuit, every victim needs to be suffering from the same issue. But asbestos exposure can cause a number of different diseases, some of which are not as dangerous as mesothelioma. And, since asbestos was used in so many products, each person may have been exposed in a different way.

Today, victims may file personal injury lawsuits or asbestos trust fund claims with mesothelioma legal help to seek financial compensation.

Mesothelioma Case Values.

Each lawsuit has a case value, or how much money the victim can expect to receive. The average mesothelioma case value varies on whether or not the case is settled out of court or goes to trial with a judge and a jury.


Mesothelioma Legal Information - Asbestos Trust Fund Compensation
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