How to Obtain Compensation from an Asbestos Trust Fund

Posted on behalf of Peter T. Nicholl in Mesothelioma & Asbestos Published on June 6, 2018 and updated on March 7, 2022.

ipad with stethoscopeA common way to obtain compensation for asbestos-linked mesothelioma is by filing a claim with an asbestos trust fund. Victims of on-the-job asbestos exposure have received billions from asbestos trust funds since these funds were created.

However, the process can be complicated, which is why you should strongly consider working with an attorney. The Maryland mesothelioma lawyers at The Law Offices of Peter T. Nicholl are prepared to help you pursue the compensation you deserve. Contact us for a free, no obligation consultation and learn your legal options for getting compensation for medical bills, lost wages, and pain and suffering.

Preparing to File an Asbestos Claim

Before filing a claim with an asbestos trust fund, you must gather evidence to prove you meet certain eligibility criteria.

Asbestos Trust Fund Eligibility Requirements

There are many active asbestos trust funds, each with their own eligibility requirements. Generally, trust funds require you to provide the following information:

  • Dates and locations where you were exposed to asbestos
  • The asbestos products you were in contact with
  • Medical documentation showing you have been diagnosed with mesothelioma, asbestosis or lung cancer

Gathering Evidence

To prove you meet the criteria, you must provide certain evidence to support your claim. Trust funds are generally looking for the following kinds of evidence:

  • Statement from a board-certified physician confirming your asbestos-linked illness and connecting it to on-the-job exposure
  • Records of your employment with the company that used asbestos-containing products, including a description of your job requirements and duties
  • Military records if your exposure is related to your service
  • Witness statements that are signed

Filing an Asbestos Claim

Filing an asbestos claim is a long process. It can take several months or over a year before your claim is approved and you are granted financial compensation.

There are two types of claims you can file with an asbestos trust: an expedited review or individual review.

  • Expedited reviews are for claims that involve a non-negotiable amount of compensation. In other words, the claimant knows the fixed value of his or her claim. The more severe or grave your diagnosis, the more likely it is you will be granted an expedited review.
  • Individual reviews are done when a claimant does not meet the criteria for an expedited review. This review considers your specific diagnosis, jurisdiction and age when determining compensation. If you are awarded compensation, it could be higher or lower than what you would receive in an expedited review.

Your attorney can help you figure out which type of claim submission is best for your case. An asbestos claim lawyer will also make sure your claim is filed within the statute of limitations, which is three years from the date of your diagnosis (Code of Maryland § 5-101). If your claim is not filed within the statute of limitations, you will lose your right to pursue compensation for your asbestos illness from an asbestos trust.

Your attorney will also work to collect the evidence needed to support your case. Experienced asbestos lawyers know what evidence is needed to connect your illness to occupational exposure to help your claim be successful.

Contact an Attorney for Help

You may be able to get legal help when filing a claim for compensation from an asbestos trust fund from one of the skilled Maryland personal injury attorneys of The Law Offices of Peter T. Nicholl. Our experienced lawyers fight to recover the compensation you deserve for medical bills, lost wages, and pain and suffering caused by asbestos-related illnesses.

Request a free, no obligation consultation and learn what legal options are available for pursuing compensation. There are no upfront fees when working with our firm, and you only owe legal fees if we recover compensation in your case.

Call 410-244-7005 or fill out our Free Case Review form now.