Mesothelioma Claims Process, Everything You Need To Know


If you are considering legal action after receiving a diagnosis of mesothelioma, you may have researched various actions for compensation that mention filing a claim. The only way for mesothelioma patients to get compensation is to file a claim. A mesothelioma claim can be made by an individual or an attorney representing a person diagnosed with mesothelioma after exposure to asbestos. Understanding the differences between the different types of claims available to you and what each type of claim involves is important to understand so you can make the best choice for yourself and your family.

What Exactly is the Claim?

A claim is simply a step in the legal process, in which the plaintiff (victim) or his legal counsel names the person, party or business at fault for harming them and asks them to pay a sum of money. Once an asbestos claim is made, the defendant named in the claim has a set amount of time to respond to the claim (which varies by state) and pay the amount, settle with the plaintiff out of court, or dismiss the claim thereby initiating litigation.

What Types of Claims Can You File for Mesothelioma?

There are many types of claims available to mesothelioma patients and family members. The type of claim or claims you are entitled to depends on several factors: the location of the exposure, the duration of the exposure, the degree of negligence, the amount of suffering, and whether the person exposed to asbestos is still alive.

It's important to remember that you may be eligible to make more than one type of claim. For example, a veteran exposed to asbestos from changing gaskets in a boiler room may qualify for a VA claim. The same veterans can also file a claim against a company that produces asbestos-containing gaskets. The type of mesothelioma claim varies with the individual circumstances of each case.

The types of claims available include:

  • Personal Injury Claim
  • False Death Claim
  • VA Claims
  • Asbestos Trust Fund Claim

Personal injury

Personal injury claims for mesothelioma from asbestos exposure can be made in civil courts, and each state's civil code governs claims made in that state. Civil codes vary across countries, which means the statute of limitations for claims differs from state to state. Other variations of claims include acknowledgment of contribution negligence, comparative error, jurisdictional requirements, and settlement amount limits.

Personal injury claims are usually filed by patients diagnosed with mesothelioma, but family members may continue to pursue or initiate injury claims on behalf of the deceased.

False Death

False death claims can be made by the surviving family members of victims who lost this battle with horrific cancer. People who can file a mesothelioma wrongful death claim include spouses, children, partners, legal guardians, adopted children, legal heirs, executors specified in the will, and other dependents. Damages that can be claimed in a wrongful death suit include loss of friendship, loss of financial support and stability, mental anguish, loss of the consortium, and suffering.

VA Claims

The VA claim is the financial benefit available to people who were exposed to asbestos in the military, then diagnosed with mesothelioma. The United States Department of Veterans Affairs oversees and regulates military asbestos claims. A VA claim is not a lawsuit, you are not suing the government. The VA claim is a non-taxable payment for disabled veterans, and mesothelioma is recognized by the US government as a disability caused by exposure while serving in the military. Types of VA claims for mesothelioma include:

VA Disability Compensation. Disability compensation is a non-taxable benefit for a person who is injured while serving in the military or who later develops an illness as a result of military service. The VA disability compensation claim is to compensate veterans for their time off and lost wages due to their disability (in this case mesothelioma cancer)

VA Dependency & Indemnity Compensation (DIC). A VA DIC claim is a benefit for family members of veterans who died during active duty or training, and for veterans who later died of disability due to serving in the military. A DIC claim can be a one-time monetary award or an income-based benefit for claims made by parents.

Special Monthly Compensation (DIC). Special Monthly Compensation mesothelioma claims, also known as assistance and attendance payments, are available to veterans, spouses, family members, and caregivers of parents or families to help cover ongoing disability care costs from military service. For people

Mesothelioma Trust Fund Claims

Mesothelioma trust fund claims are available from companies that manufactured products containing asbestos,  mined asbestos, or that exposed workers to asbestos. There are many mesothelioma trust funds across the country, but you can only file a claim against the trust fund set up to fund victims responsible for your exposure.