For those facing mesothelioma or other asbestos-related diseases, pursuing rightful compensation is often one of the most urgent concerns. In New Orleans and Baton Rouge, victims usually have two main options: filing a lawsuit or submitting a claim to an asbestos trust fund. Each path works differently, and the right choice depends on your specific situation.
What to Expect From a Lawsuit
A lawsuit targets the companies responsible for the asbestos exposure. This can include manufacturers, suppliers, or employers. Personal injury claims are filed by living victims, while wrongful death suits are brought by surviving family members.
Lawsuits tend to involve a more detailed process, including filing, discovery, and a possible trial. Despite the lengthy process, they offer higher payouts. You need to show medical proof and link your illness to a specific asbestos source. In Louisiana, court-awarded compensation can be reduced if the victim has already received money from a trust fund.
How Asbestos Trust Funds Work
Many asbestos companies went bankrupt and set up trust funds as part of the court process. These funds were designed to compensate current and future victims without the need for a lawsuit. Claimants must provide evidence of diagnosis and exposure. Some trusts offer expedited review, while others assess each claim individually.
The process is often faster than litigation, with fewer legal hurdles. However, payout amounts are typically lower. Some trusts are underfunded and only pay a portion of the approved claims.
Is It Possible to File Both?
You can legally pursue both lawsuits and trust fund claims if your exposure came from more than one company. A careful review of your work history and diagnosis can reveal all potential sources of liability. Just keep in mind that any trust payments you receive may be deducted from a lawsuit award.
We Help Louisiana Families Make Informed Legal Choices
Pourciau Law Firm guides clients through both trust claims and lawsuits. Whether your asbestos exposure happened at a shipyard, refinery, or industrial site, we help identify the best route to secure compensation. Reach out to us if you or someone close to you has been diagnosed with mesothelioma or lung cancer.