By Michael Throneberry, founder of Throneberry Law Group
Most people are surprised to find out there is not just one way to get compensation after a mesothelioma diagnosis. Two common options are trust fund claims and lawsuits. Knowing how these options work together can help you make smart choices about your legal rights.
At Throneberry Law Group, we guide individuals and families through all their options for seeking compensation after an asbestos-related illness. One question we get a lot is whether someone with mesothelioma can file both a trust fund claim and a lawsuit. In many situations, that is absolutely possible. We regularly pair trust claims with lawsuits for the same client, and that combination often makes a real difference in what a family recovers.
How Asbestos Trust Funds Work
Over the years, many companies facing large numbers of asbestos claims have filed for bankruptcy. During bankruptcy, some of these companies were required to establish asbestos trust funds to compensate current and future victims.
Now, there are dozens of these trust funds. If there is evidence that a person was exposed to asbestos through these companies’ products or materials, they may be eligible to file claims with one or more trust funds. These claims are not handled in court. Instead, they are reviewed through an administrative process.
You can review our list of asbestos companies with bankruptcy trust funds to see which ones may apply to your exposure.
How Mesothelioma Lawsuits Are Different
A mesothelioma lawsuit is a civil claim filed against companies that may be legally responsible for asbestos exposure. Through lawsuits, people can seek compensation for damages like medical bills, lost wages, pain and suffering, and other related costs.
Unlike trust fund claims, lawsuits go through the court system. Depending on the case, more than one company can be named as a defendant. The goal is to hold the right parties accountable if they exposed workers, consumers, or others to asbestos.
Can You File Both Types of Claims?
In many situations, you can. Filing a trust fund claim does not automatically block you from pursuing a lawsuit against other responsible companies. That is because trust fund claims and lawsuits usually involve different companies.
For example, someone might have been exposed to asbestos from several manufacturers over the years. Some of those companies might have set up trust funds in bankruptcy proceedings, while others are still in business and can be sued.
Filing both a trust fund claim and a lawsuit can ensure all potential avenues of recovery are explored.
The Importance of Evidence
Strong evidence is key regardless of whether you file a lawsuit, trust fund claim, or both. A skilled lawyer can help you gather and preserve the necessary evidence.
Important evidence can include:
- Employment records: proof of where and when you worked
- Medical records: documentation of your diagnosis
- Military service documents: records of asbestos exposure during service
- Witness statements: accounts from coworkers who saw the conditions
- Product documentation: anything linking you to specific asbestos-containing products
The more of these you can gather, the stronger your claim becomes.
Every Case Is Unique
Although many people with mesothelioma qualify for both trust fund claims and lawsuits, eligibility depends on the specifics of each case. Factors such as your exposure history, medical evidence, filing deadlines, and the companies involved can affect your legal options.
Strategy matters when you pursue both routes. Trust claims can bring in money relatively quickly, while a lawsuit against solvent companies may take longer but reach further. Filed together and in the right order, they complement each other instead of competing. The right mix depends on your work history, your diagnosis, and which companies are still in business, which is exactly the kind of plan we build for each client.
Nationwide Mesothelioma Lawyers at Throneberry Law Group
For many clients, the smartest path is both a trust fund claim and a lawsuit, aimed at different companies. Filing one does not usually block the other.
Our attorneys map out every source of recovery and pursue them together, for clients across the country, with real personal attention and Spanish-language help. This fight is personal for founder Michael Throneberry. Start with our free consultation form.
