Choosing the Best Path for Mesothelioma Claimants
When a family in Western Pennsylvania receives a mesothelioma diagnosis, one of the first questions is often financial: How can we cover medical bills and hold companies accountable for decades of asbestos exposure?
At Savinis, Kane & Gallucci, LLC, we’ve guided Pittsburgh and Allegheny County families through these same decisions. For many, the choice comes down to whether to file a lawsuit, pursue compensation through an asbestos bankruptcy trust fund, or do both. This article breaks down the differences, explains how each option works, and shows how to decide which path may be right for your family.
Why Asbestos Trust Funds Exist
Over the years, many companies that made or used asbestos products declared bankruptcy after being sued by workers who developed mesothelioma and other asbestos-related illnesses. As part of that process, courts required these companies to create trust funds dedicated to compensating current and future victims.
Trust funds allow claimants to recover money without going through a full trial. Payments vary depending on the trust’s size and the type of asbestos disease, but they remain an important option for families across Western Pennsylvania, especially when the company responsible no longer exists. Most trust funds use set payment schedules based on the type of asbestos disease, though in some cases, families may request an individual review if circumstances justify a higher payout.
How Lawsuits Differ from Trust Fund Claims
While trust funds provide a streamlined route to compensation, lawsuits remain critical for holding companies accountable in Pennsylvania courts. Here’s how the two paths compare:
Asbestos Trust Funds
- Usually resolve faster than lawsuits.
- Do not require appearing in court.
- Limited to the amount set aside by the trust, which is often less than what might be recovered in a verdict.
Mesothelioma Lawsuits
- Can pursue full damages, including pain and suffering, lost wages, and medical expenses.
- Allow families to hold negligent companies publicly accountable.
- Sometimes result in higher compensation, but can take longer to resolve.
- In Pennsylvania, courts often recognize the urgency of mesothelioma cases and may move them forward quickly once filed.
Timing Matters: Deadlines and Strategic Decisions
In Pennsylvania, the statute of limitations for mesothelioma claims is generally two years from the date of diagnosis. For wrongful death cases, the deadline typically runs from the date of passing.
This deadline applies whether you choose to pursue a lawsuit, a trust fund claim, or both. Because trust fund claims can often be processed faster, families sometimes start there while also filing a lawsuit to preserve their rights before the statute expires.
The key takeaway: acting quickly preserves options. Waiting too long may mean missing out on both trust fund payments and the ability to file in court.
Can You Pursue Both at the Same Time?
Yes. Many Western Pennsylvania families choose a dual approach, filing lawsuits against solvent companies while also making trust fund claims against those that went bankrupt. Courts allow this strategy, and it can maximize recovery for families dealing with the high costs of treatment and care.
This approach requires careful coordination, since filing in the wrong order or without proper documentation can affect compensation. That’s where an experienced mesothelioma attorney makes a difference.
Factors to Consider When Choosing a Path
No two mesothelioma cases are alike. Several factors can shape whether a trust fund claim, a lawsuit, or both is the right option for your family, including:
- Where exposure occurred: Was it linked to a company still operating in Pittsburgh, Clairton, Braddock, or another Western PA location, or to a manufacturer now in bankruptcy?
- How quickly you need compensation: Trust funds may provide faster, though smaller, payments.
- Your family’s immediate financial needs: Trust funds may provide quicker partial payments, which can help cover urgent costs while a lawsuit moves forward.
- Your health status: Courts may expedite lawsuits for individuals with urgent medical needs, but this only applies once a case is filed.
- Your family’s long-term needs: A lawsuit may provide broader damages than trust fund claims alone.
Practical Steps for Pennsylvania Families
If you’re unsure which path to take, here are some immediate steps that can help:
- Gather work records: Employment histories, union documents, and even co-worker statements can help pinpoint asbestos exposure.
- Organize medical records: A confirmed mesothelioma diagnosis is required for both lawsuits and trust fund claims.
- Consult your doctor about medical documentation: Your treating physicians can provide reports and test results that strengthen both legal and trust fund claims.
- Avoid rushing into paperwork: Insurance companies or others may pressure you to sign documents that limit your rights.
- Speak to a Pittsburgh asbestos attorney early: The sooner a case is reviewed, the more strategic options remain available.
How Attorneys Help Families Decide
Choosing between a trust fund claim, a lawsuit, or both can feel overwhelming. An attorney familiar with Western Pennsylvania asbestos cases can evaluate your work history, identify which companies are still solvent, and determine which trust funds apply to your situation. Having this guidance ensures that families don’t leave compensation on the table or miss important deadlines.
Guidance from Pittsburgh Mesothelioma Attorneys
At Savinis, Kane & Gallucci, LLC, we’ve spent decades representing workers and families in Pittsburgh, Allegheny County, and across Western Pennsylvania. Whether your case involves a lawsuit, a trust fund claim, or both, we will walk you through your options and explain every step in plain language.
If you or a loved one has been diagnosed with mesothelioma, don’t wait to explore your rights. Contact us by filling out this form or call our Pittsburgh office for a free consultation, and let us help you choose the best path forward for your family.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws may change, and the best course of action depends on the facts of your case. To understand how these principles apply to your situation, contact a qualified attorney.