Mesothelioma settlements are designed to provide financial relief to victims and their families after exposure to asbestos leads to a devastating diagnosis. However, not all settlement decisions meet expectations. Whether the amount awarded is insufficient, the claim was denied, or key evidence was overlooked, families may have the right to appeal. Understanding the appeals process is essential for those seeking a fair outcome and justice for their loved one’s suffering.
Why Mesothelioma Settlements Are Sometimes Disputed
Settlement decisions can be challenged for several reasons:
- Low compensation amounts that don’t reflect medical costs, lost income, or emotional distress
- Denial of claims due to missing documentation or disputed exposure history
- Errors in legal procedure, such as misfiled paperwork or jurisdictional issues
- Disagreements over liability, especially when multiple companies are involved
- Exclusion from asbestos trust funds due to technical eligibility criteria
Appealing a settlement allows victims to present new evidence, correct mistakes, and advocate for a more accurate and just resolution.
Types of Mesothelioma Settlements That Can Be Appealed
There are several types of settlements that may be subject to appeal:
- Court-approved settlements: If a judge approves a settlement that the plaintiff disagrees with, an appeal may be filed with a higher court.
- Asbestos trust fund decisions: Trusts often have internal appeal processes for denied or undervalued claims.
- Insurance settlements: Victims may challenge the amount offered by an insurer or dispute a denial.
- Out-of-court settlements: While these are typically final, they may be revisited if fraud, coercion, or misrepresentation occurred.
Each type of appeal follows a different process, and legal guidance is crucial to navigate the appropriate path.
Steps to Appeal a Mesothelioma Settlement Decision
Appealing a settlement requires careful planning and legal expertise. Here’s a step-by-step guide:
1. Review the Original Decision
Start by examining the settlement terms and the reasons for denial or undervaluation. Look for:
- Missing or incomplete documentation
- Discrepancies in exposure history
- Errors in legal filings or deadlines
- Misinterpretation of medical evidence
Understanding the basis of the decision helps shape the appeal strategy.
2. Consult a Mesothelioma Attorney
An experienced attorney can:
- Evaluate the strength of your appeal
- Identify procedural errors or overlooked evidence
- Recommend the best legal route (e.g., trust fund appeal, court motion, or insurance dispute)
Many attorneys offer free consultations and work on a contingency basis, meaning you pay nothing unless the appeal succeeds.
3. Gather Additional Evidence
Appeals often hinge on new or clarified documentation. Consider collecting:
- Updated medical records, including pathology reports and specialist opinions
- Employment history showing asbestos exposure
- Witness statements from coworkers or supervisors
- Product identification linking exposure to specific companies
This evidence can strengthen your case and address gaps in the original claim.
4. File the Appeal Within the Deadline
Each appeal type has its own deadline:
- Court appeals: Typically 30–60 days from the original decision
- Trust fund appeals: Varies by fund, often 30–90 days
- Insurance disputes: May be governed by state law or policy terms
Missing the deadline can forfeit your right to appeal, so act promptly.
5. Attend Hearings or Submit Written Arguments
Depending on the appeal type, you may:
- Present your case in court before a judge
- Submit written arguments to a trust fund review panel
- Negotiate directly with an insurer
Your attorney will guide you through this process and represent your interests.
6. Await the Decision
Appeals can take weeks to months, depending on complexity and jurisdiction. During this time, your attorney may:
- Respond to counterarguments
- Provide additional documentation
- Negotiate a revised settlement
If the appeal is successful, you may receive a higher payout or have your claim reinstated.
Common Challenges in Mesothelioma Appeals
Appealing a settlement isn’t always straightforward. Families may encounter:
- Strict procedural rules that limit what evidence can be introduced
- Limited appeal rights in out-of-court settlements
- Resistance from defendants or insurers unwilling to renegotiate
- Emotional strain from revisiting painful details
Despite these challenges, many families find that pursuing an appeal is worth the effort—especially when compensation is needed for medical bills, lost income, and long-term care.
Real-Life Example
A retired electrician diagnosed with mesothelioma received a $250,000 settlement from an asbestos trust fund. His family believed the amount was too low given his extensive exposure and medical costs. With the help of a mesothelioma attorney, they appealed the decision, submitting new employment records and expert testimony. The trust fund revised the award to $750,000, reflecting the true impact of his illness.
This case illustrates how appeals can lead to more equitable outcomes when handled strategically.
Tips for a Successful Appeal
To improve your chances of success:
- Act quickly to meet deadlines
- Work with a specialized attorney
- Provide clear, organized documentation
- Stay informed about your rights and options
- Be persistent—many appeals require multiple rounds of review
Preparation and professional support are key to navigating the appeals process effectively.
Final Thoughts
Mesothelioma settlements are meant to provide justice and financial relief—but when decisions fall short, families have the right to appeal. Whether challenging a denial, disputing a low payout, or correcting procedural errors, the appeals process offers a second chance to secure fair compensation. With the help of a knowledgeable attorney and a well-documented case, victims and their families can pursue the outcome they deserve.
References
- American Cancer Society. (2023). Malignant mesothelioma. https://www.cancer.org/cancer/malignant-mesothelioma.html
- Environmental Protection Agency. (2023). Asbestos laws and regulations. https://www.epa.gov/asbestos/asbestos-laws-and-regulations
- Occupational Safety and Health Administration. (2023). Asbestos. https://www.osha.gov/asbestos
- National Cancer Institute. (2023). Mesothelioma and asbestos exposure. https://www.cancer.gov/types/mesothelioma