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Mesothelioma compensation refers to recovering damages related to the development of malignant (cancerous) mesothelioma as a result of asbestos exposure. Asbestos is a dangerous chemical that has been used to make thousands of products for hundreds of years. For the last sixty or more years, the deadly effects of asbestos on human health has been known, yet some businesses choose to use asbestos despite its dangers. Asbestos exposure can cause a number of different health problems the worst of which is mesothelioma.
Mesothelioma is a cancer which affects the tissues surrounding the body's organs. This cancer commonly affects the mesothelium of the lungs (pleura) and the stomach (peritoneum), but can also affect the reproductive organs and the heart. Mesothelioma is a serious and deadly cancer that can lie dormant or asymptomatic for up to fifty years. Once diagnosed, the prognosis for mesothelioma patients is not optimistic. The average survival time for a mesothelioma victim is only one year.
Mesothelioma compensation may be available for people who have been exposed to asbestos in the work place since the 1940s. Construction, building, automotive, shipyard, and custodial industry workers are all at risk for dangerous levels of exposure to asbestos, and may be eligible for mesothelioma compensation if their exposure leads to cancer.
Mesothelioma compensation is determined by a number of factors, including medical expenses, lost wages, pain and suffering, state law and the responsible parties. There have been a number of steps taken to reform the mesothelioma compensation process. Many believe that a global settlement model is needed to ensure that future mesothelioma claimants are able to receive compensation for their suffering. Congress is currently considering the Fairness in Asbestos Injury Resolution Act, legislation prompting the establishment of a $140 billion mesothelioma compensation trust fund through which mesothelioma victims receive compensation for their pain and suffering. The "FAIR" act has evolved from previous attempts at setting up a trust fund, all of which have failed because of the inability of defendant corporations, insurance companies and claimant attorneys to reach a consensus on an acceptable global compensation structure.
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