Do I have to file a lawsuit to get a mesothelioma settlement?
No, you do not have to file a lawsuit to get a mesothelioma settlement. Trust funds have already been established to compensate mesothelioma victims and their families. If you choose to have a an attorney qualified for mesothelioma claims file with a trust, you will need to identify the trust (or trusts) that is appropriate regarding your work history – if your asbestos exposure occurred on the job. In most cases, you will only be able to file with trusts set up on behalf of a company that exposed you to asbestos. That company could have been a producer or manufacturer of asbestos-containing products, a raw asbestos mining company or may only have used products containing the material. You will need to speak with an experienced mesothelioma attorney in order to determine your best course of action.
Since 1998, when the first asbestos bankruptcy trust was formed, lawsuits may not be required for compensation after a mesothelioma diagnosis. An experienced mesothelioma trust lawyer familiar with the unique claim process can help you obtain the largest settlement possible from any appropriate trusts.
Mesothelioma Trusts Were Formed to Protect Companies From Lawsuits
Once a clear scientific link between asbestos exposure and terminal diseases including mesothelioma was discovered during the time period of the 1920’s to the 1960’s, companies involved in the mining, production, and/or use of asbestos products found themselves as defendants in an increasing number of personal injury and/or wrongful death lawsuits. As a result, many of these companies attempted to file for Chapter 11 bankruptcy to minimize the amount they would be required to pay out in current and future settlements.
Many asbestos bankruptcy trusts have been established in the United States through the hard work of law firms like Baron & Budd, and they are managed by independent trustees who pay mesothelioma victims
Requirements for Filing a Claim With a Trust
In order to receive a settlement from an asbestos trust fund, your lawyer will need to provide documentation, including:
- Your official diagnosis. This may include medical documentation such as copies of your x-rays, biopsies, pathology reports and more which clearly show your condition is the result of asbestos exposure.
- A statement from your physician or oncologist. Your diagnosis must be confirmed by a medical professional and sent to the trust in written (or electronic) form.
- Evidence of exposure. Your lawyer will work with you to prove you were exposed to asbestos on the job and/or through proximity to asbestos-containing products. Employment and/or military service records, invoices from your former company confirming the purchase of asbestos products, witness affidavits and more may be used as well.
You Must File With an Appropriate Trust
Asbestos trust funds have been set up by many now bankrupt asbestos companies and currently have many billions of dollars set aside to compensate victims of asbestos-related illnesses. Your qualified claim must be filed with a trust formed by the company who exposed you to asbestos on the job and/or from a manufacturer who produced the asbestos-containing product which resulted in your illness.