Financial compensation is not the only reason to file an asbestos exposure lawsuit, but in many cases, it’s the biggest reason. This asbestos compensation guide will help families understand more about the issues involved, as well as their legal options. The aftermath of a mesothelioma or other diagnosis is such a turbulent time that a resource like an asbestos compensation guide could be invaluable.

Cancer treatments are very expensive. Lung cancer treatment costs usually exceed $200,000. ANcillary costs, such as transportation and housing (staying near a large regional cancer treatment center) could be almost as high. Charitable groups often offset some of these costs, especially ancillary costs. But, for the most part, victims are on their own.

Furthermore, if the asbestos exposure was someone else’s fault, and it probably was, these victims deserve compensation. If families depend on government or charitable handouts to pay these costs, we pay them, in the form of reduced benefits or higher taxes. Additionally, polluting companies should not be able to hurt people, or kill people, and walk away.

Victims need and deserve compensation, but only a well-prepared asbestos exposure lawyer can obtain it. Between the 1970s and 1990s, Congress passed victim-friendly laws and courts made victim-friendly decisions. But now, for the most part, the pendulum has swung the other way. Courts no longer give away compensation like toys at Christmas. Instead, attorneys must work diligently and present their cases effectively.

Average compensation in asbestos exposure claims is usually very high, partially because punitive damages are normally so high (more on that below). Additionally, asbestos-related diseases strike like a thief in the night, are very serious, and often fatal. These diseases include:

  • Mesothelioma: Advances in lung cancer diagnosis and treatment methods have pushed the overall lung cancer survival rate much higher than it was in the 1990s. But mesothelioma’s five-year survival rate is still very low. This form of lung cancer is so rare and aggressive that it’s still almost impossible to diagnose and treat.
  • Pleural Thickening: This lung disease could be instantly fatal or totally benign. Asbestos fibers inflame the pleural lining that surrounds the lungs. Depending on the kind of inflammation, it could cause mesothelioma tumors to form, almost literally crush the lungs, or cause no damage at all.
  • Ovarian Cancer: Inhaled or absorbed asbestos fibers from construction or manufactured products cause most asbestos exposure-related cancers. But generally, ovarian cancer is more indirect. Talc and asbestos are like gold and fool’s gold. These minerals are usually close together and difficult to distinguish. But asbestos in talcum powder isn’t just embarrassing. It’s usually fatal.
  • Laryngeal Cancer: Membranes in the voice box (larynx) catch dangerous particles, like asbestos fibers, before they reach more vial organs. But the body cannot naturally dispose of asbestos fibers. So, they accumulate in the larynx and cause tumors. These tumors painfully impede breathing, swallowing, and talking, three things people do almost every waking moment of every day.

Other asbestos exposure-related cancers, which usually strike late in life, include stomach, abdominal, and brain cancer.

High medical expenses cause about two-thirds of the consumer bankruptcies in the United States. A combination of a solid treatment plan, an attorney’s intervention, and the compensation available usually makes cancer treatment costs manageable.

On a related note, compensation is also high in these cases because asbestos companies knew about the product’s health risks as early as the 1920s. So, they had many chances to step up to the plate, but they failed to do so.

In fact, they never came out of the dugout. Instead of acknowledging the risks and using safe alternative substances, asbestos providers discredited scientists who spoke out on this subject and told their workers there was nothing to worry about.

Nuts and Bolts of Environmental Cancer Compensation Claims

An environmental cancer claim in civil court is a high risk high reward claim. Several defense are available and asbestos company lawyers bitterly contest the basic elements of a failure to warn claim, which are:

  • Knowledge of Hazard: The overall link between asbestos and serious illness is well-established. However, the science is still developing in some areas, most notably ovarian cancer. Furthermore, an asbestos exposure lawyer must do more than establish a link. A lawyer must prove the defendant knew about that link.
  • Duty of Care: Usually, companies have a duty to design, manufacture, and sell safe products that are fit for a particular purpose. However, the duty of care varies in some states.
  • Negligent Failure to Warn: Negligence is basically a lack of care. As mentioned above, almost all asbestos providers failed to warn people about the dangers of asbestos. That failure might or might not have been negligent. Usually, an industrial hygienist or other expert must establish the standard of care for a particular industry.
  • Cause: This element is the primary difference between a failure to warn claim and a defective product claim, which is a popular alternative. Failure-to-warn victims must prove the failure to warn about the danger, not the product itself, substantially caused their damages.
  • Damage: Courts have consistently ruled that people who were exposed to asbestos, are not currently sick, and require ongoing testing are only entitled to limited compensation. Higher compensation is available if the victim has an asbestos exposure-related illness, not only because of the victim’s additional pain and suffering, but also because of the company’s culpability.

The aforementioned defenses include a statute of repose. Some states cut off product defect claims after a certain number of years, usually eight or ten, after exposure. The SOR may not apply in asbestos exposure cases and failure-to-warn matters.

Nothing ventured, nothing gained. Generally, high risk yields high reward. In failure to warn claims, this reward usually includes:

  • Compensatory Damages: We mentioned compensatory damages for economic and noneconomic losses above. Compensatory damages don’t change the past, but they enable victims to better deal with their new, unplanned futures.
  • Punitive Damages: These damages are usually available if an asbestos exposure lawyer proves, by clear and convincing evidence, that the defendant intentionally disregarded a known risk. These damages must have a deterrent effect. Frequently, two or three million dollars to a multinational company is like two or three thousand dollars to the rest of us.

Evidence, usually evidence of exposure and medical evidence, is very important in civil claims, especially regarding compensation. Usually, the more evidence a victim presents, the more compensation jurors award.

Mesothelioma Compensation Options

From a compensation standpoint, civil claims are usually best. However, some victims and families simply want their bills paid, so they can move on with life as quickly as possible. Mesothelioma compensation options in these cases include:

  • Bankruptcy VCF: Victim compensation funds, which were set up during a wave of asbestos provider bankruptcies in the 1980s, still contain more than $30 billion. Since an adverse lawyer doesn’t challenge the victim’s evidence or present legal defenses, VCF claims may be the fastest and easiest way to obtain compensation.
  • VA Disability: Before 1980, the Navy packed ships with asbestos from stem to stern. Other branches used asbestos almost as freely. Some people are old enough to remember the asbestos gloves the Army issued to machine gunners. If the applicant proves an exposure illness was service-related, compensation includes monthly cash benefits and free medical care at any VA medical facility.
  • Workers’ Compensation: This no-fault benefit system is similar to VA disability in many ways. If the asbestos exposure illness was work-related, victims and survivors may obtain compensation for economic losses, such as medical bills and lost wages. Also like VA disability, limited workers’ compensation defenses are available, and insurance companies routinely challenge the evidence in the case.

Usually, all these claims settle out of court. Settlement usually occurs during mediation. A professional, court-appointed mediator ensures that both sides negotiate in good faith. Partially because of this good faith negotiation duty, and partially because both sides are keen to avoid a risky, extended, and costly trial, mediation is about 90 percent successful.

Asbestos Claim Tips

A few final words about how victims and survivors can help themselves in these claims. Finding a good asbestos exposure lawyer may be the key to maximum compensation.

Above all else, a good lawyer must be experienced in these matters. Asbestos exposure claims, regardless of the forum, are incredibly complex. 

But experience isn’t enough. A losing basketball team that returns all five starters is an experienced losing team. If the lawyer has a successful track record, you know that the lawyer has developed proven methods, and the lawyer doesn’t look for a quick settlement or an easy way out.