Top 5 Questions About Asbestos Claims

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If you have mesothelioma, you may be able to get money through an asbestos claim. That said, these claims are complex and can be hard to navigate without legal help. Below, get answers to 5 common questions about asbestos claims.

1. What Is an Asbestos Claim?

An asbestos claim allows eligible victims of asbestos-related diseases to pursue compensation, usually in the form of a settlement.

Asbestos claims are typically filed against manufacturers of asbestos-containing products. These manufacturers used and sold asbestos for years, ignoring the health risks. As a result, they may be to blame for your illness.

Contact us today to get connected with an asbestos lawyer and learn whether you may be eligible to file a claim.

Asbestos Personal Injury Claims

There are a few different types of asbestos claims that you can file depending on your case. One of the most common is a personal injury claim.

Through a personal injury claim, a victim shows how asbestos exposure caused their illness. These victims often work with asbestos lawyers to build and file their claims.

Successful asbestos personal injury claims force the manufacturers to compensate the victim.

Asbestos Trust Fund Claims

In some cases, you may have to file an asbestos trust fund claim instead of a personal injury claim.

Did You Know?

You can not file a personal injury claim against bankrupt manufacturers of asbestos-containing products. The U.S. court system, instead, forced these manufacturers to set aside money in asbestos trust funds to pay victims.

An estimated $30 Billion is currently available in asbestos trust funds. You may qualify to receive some of this money by filing an asbestos trust fund claim.

Depending on your exposure, you may be able to get money from several manufacturers.

Asbestos Wrongful Death Claims

If someone you loved died due to an asbestos-related disease, you may be able to file a wrongful death claim to pursue compensation.

You can pursue a wrongful death claim in one of two ways:

  1. You can file the claim after your loved one’s death
  2. If your loved one filed an asbestos claim but died before it resolved, you can continue it as a wrongful death claim

To file a wrongful death claim, you need to be a representative of the victim’s estate. An attorney can help you learn whether you have the ability to file a wrongful death claim on behalf of a loved one.

2. Can I Claim Compensation for Asbestos Exposure?

Yes, you can claim compensation for asbestos exposure. That said, you’ll need to show how asbestos exposure caused you to get sick.

Did You Know?

Keep a close watch on your health if you were exposed to asbestos but aren’t yet sick. Most asbestos-related diseases do not appear until 20-50 years after exposure, and symptoms can mimic more common illnesses like the flu.

If you develop a disease that’s linked to asbestos exposure, contact a lawyer as soon as possible. Asbestos lawyers can determine where you may have been exposed and help you file a claim.

3. What Is the Average Settlement for an Asbestos Claim?

The average mesothelioma settlement amount is $1 Million. A settlement occurs when a manufacturer agrees to pay you before a case goes to trial. You may get more or less money from your settlement than you would from a trial.

4. How Long Does an Asbestos Claim Take?

It usually takes less than a year to get money from an asbestos claim. You may even start to see money within 90 days or less in some cases.

Each case is different, though, so an asbestos lawyer can give you a better idea of how long your claim will take.

5. What Is the Statute of Limitations for Asbestos Claims?

Statutes of limitations are laws that prevent legal action after a set period of time. While this may sound simple, statutes of limitations are quite hard to understand.

Did You Know?

Statutes of limitations vary by state and the type of claim you file. If the statute runs out in your case, you might never be able to file an asbestos claim and get money.

Asbestos lawyers can explain how statutes of limitations impact your case and will work to file your claim within the deadlines.

How to File an Asbestos Claim

To file an asbestos claim, get started with a free case review from one of our trained mesothelioma advocates. If you have a valid case, we can connect you to an asbestos lawyer who can help you file your claim.

Contact our team today to learn more about filing an asbestos claim and working with a lawyer.

Mesothelioma Support Team
Stephanie KiddWritten by:

Editor-in-Chief

Stephanie Kidd grew up in a family of civil servants, blue-collar workers, and medical caregivers. Upon graduating Summa Cum Laude from Stetson University, she began her career specializing in worker safety regulations and communications. Now, a proud member of the American Medical Writers Association (AMWA) and Editor-in-Chief of the Mesothelioma Justice Network, Stephanie serves as a voice for mesothelioma victims and their families.

View 3 Sources
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  2. Minnesota Department of Health. (n.d.). Common Asbestos-Containing Products. Retrieved May 28, 2020, from https://www.health.state.mn.us/communities/environment/asbestos/products.html
  3. Rand Institute for Civil Justice. (2010, July 26). Asbestos Bankruptcy Trusts: An Overview of Trust Structure and Activity with Detailed Reports on the Largest Trusts. Retrieved May 28, 2020, from https://www.rand.org/content/dam/rand/pubs/technical_reports/2010/RAND_TR872.pdf