Mesothelioma compensation typically comes from four main sources: asbestos trust fund claims, settlements with companies still in business, trial verdicts, and VA benefits for veterans. Many Pennsylvania families recover from more than one source, since most careers involved asbestos products made by many different companies. The right mix for your family depends on where the exposure happened and which companies were responsible.
Michael Schafle, Esq. - The Pennsylvania Mesothelioma Lawyer
2332 S Broad St,
Philadelphia, PA 19145
Each source follows its own process. Trust claims are administrative. Settlements and verdicts come through a lawsuit. VA benefits are handled by the Department of Veterans Affairs. Workers’ compensation is a separate path that applies only in limited situations. In most cases, these options can be pursued simultaneously, which is one of the most important things to know as you get started.
Many companies that manufactured or sold asbestos products filed for bankruptcy and established trusts to compensate current and future victims. A U.S. Government Accountability Office report (GAO-11-819) documented the substantial funds held in these trusts. Trust claims are filed directly with each trust through an administrative process, not in a courtroom. One family may qualify to file with several trusts. Each trust sets its own eligibility and evidence requirements, so qualifying means matching a work history to each trust’s approved products and job sites. Learn more in our asbestos trust funds guide.
Companies still in business do not have trusts. Compensation from them comes through a mesothelioma lawsuit, usually through settlements negotiated with each defendant separately. Many factors affect a settlement’s value, and average settlement figures found online are often misleading. Our mesothelioma settlement amounts page explains why.
When a defendant refuses to settle, the case can go to trial. In our experience, most cases resolve through negotiation, and a firm’s ability to take a case to trial is what gives those negotiations their strength. Michael Schafle serves as counsel in Philadelphia asbestos litigation at the Court of Common Pleas, where many Pennsylvania asbestos cases are handled.
Veterans exposed to asbestos during military service may qualify for VA disability compensation, and surviving family members may qualify for survivor benefits. VA benefits are provided by the government, while trust claims and lawsuits are brought against the companies that manufactured asbestos products. Because they are separate, a veteran can often pursue both. Our veterans and asbestos exposure guide covers the details.
Workers’ compensation is a state system for workplace injuries, with its own rules and trade-offs. Our mesothelioma cases focus on the companies that made and sold asbestos products rather than on employers, so workers’ comp is not the primary path for most families. It can also affect other recoveries in certain situations, so it is worth discussing with your lawyer. Our workers’ compensation page explains when it may make sense.
Mesothelioma compensation rarely arrives as a single payment. Trust claims are paid separately from lawsuit settlements, and settlements are paid out as each defendant is resolved. As a result, families usually receive a series of payments over the course of a case. Our asbestos claim payouts page explains how this works, including what a trust payment percentage is and how it affects your total recovery.
Can a family still file a claim after a loved one dies?
Pennsylvania allows families to bring wrongful death and survival actions after a mesothelioma death, and estates can also file asbestos trust claims. Pennsylvania law limits how long families have to file, so it is important to act promptly. Our mesothelioma lawsuit after death page explains what happens to a pending case when a plaintiff passes away and who can act on behalf of the estate.
What does this mean for your family?
You do not have to choose just one path. A strong claim strategy often combines trust claims and a lawsuit, adding a VA claim when applicable. Finding every available source of compensation, including every trust your loved one’s work history supports, is your lawyer’s job, not yours. What you bring is the story of where your loved one worked and what they worked with. The rest can be pieced together from employment records, coworker accounts, and evidence gathered through decades of asbestos litigation.
A free case review is the fastest way to learn which sources of compensation may be available to your family.
This content originally appeared at https://mesolawyerpa.com/compensation/