What’s the difference?
Many of our clients ask what is the difference between a “malignant” claim and a “non-malignant” claim. Non-malignant claims are claims that are based solely on the diagnosis of asbestosis. Asbestosis is a process of lung tissue scarring caused by asbestos fibers. There is no cancer present and therefore the condition is referred to as non-malignant. Generally, non-malignant claims are compensated at a reduced level compared to malignant claims for obvious reasons.
Malignant claims are made when there is a diagnosis of a qualifying cancer. A qualifying cancer is a cancer that is associated with occupational exposure to asbestos, including:
- Mesothelioma;
- Lung Cancer;
- Colon Cancer;
- Stomach Cancer; and
- Throat Cancer.
How does this affect your potential payout?
An asbestos-related cancer claim generally pay a higher level of compensation than a non-malignant claim.
Note that even if an individual has already been paid on a nonmalignant claim, many of the trusts allow the claim to be “leveled up” based on a pathological diagnosis of a qualifying cancer. As a result, it is important to notify our office immediately if you are diagnosed with one of the cancers listed above.
Mesothelioma, a cancer that affects the tissue lining the lung (pleura) or abdomen (peritoneum), pays out at the highest amount of all of the claims because asbestos exposure is the only generally accepted risk factor for the disease.
Want to learn more? take advantage of our FREE INITIAL CONSULTATION
Exposure to asbestos can cause mesothelioma, lung cancer, colon cancer, esophageal cancer, laryngeal cancer, stomach cancer, and asbestosis. Over $30 billion has been set aside in trust funds to pay for asbestos-related injuries, but time to file is limited. If you or someone you know worked for a railroad prior to 1982, call toll-free (800) 519-1440 or click below to find out more.