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Do you need to file a lawsuit to make a mesothelioma claim?

On Behalf of | Nov 22, 2022 | Mesothelioma

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A mesothelioma diagnosis may come as a shock, but there’s hope out there for you and your family.

Because asbestos exposure is the number one risk factor when it comes to developing mesothelioma (accounting for up to 80% of all diagnoses), trust funds have been established for victims and their families to provide compensation that can pay for medical care and other material needs.

In fact, you may have seen plenty of advertisements that make it sound as if claims against mesothelioma trusts are simple and straightforward, with no need for an actual lawsuit. Those ads aren’t necessarily untrue – but that isn’t always the right approach for every claimant.

What are asbestos and mesothelioma trust funds?

Asbestos and mesothelioma trust funds were designed to set money aside after numerous negligent companies filed for Chapter 11 bankruptcy to limit their liability in future lawsuits. Many (but not all) of these companies are now out of business.

These trust funds recognize that it can take decades for the consequences of asbestos exposure to affect a worker’s health. Mesothelioma, for example, can take 20 to 60 years to develop – which is why these trust funds are still in existence and will be for some time to come.

Why might you need to file a lawsuit anyhow?

It can be daunting to file a lawsuit when you’re still reeling from a recent diagnosis and struggling with your health – and you may not have to do so. However, a lawsuit might also be necessary to protect your interests and your family for the following reasons:

  • Asbestos trusts don’t always pay the full value of your claim but a percentage based on the trust’s supposed share of responsibility.
  • Some companies responsible for the problems are still solvent and can afford to compensate you fully.

When life has suddenly become uncertain and you aren’t sure what best serves your future or your family, it helps to better understand what’s available. Experienced legal guidance can walk you through the process of making a claim and guide you through all your options.


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