Common Reasons Why Mesothelioma Claims Get Rejected

Why Mesothelioma Claims Get Rejected: Filing a mesothelioma claim can be a critical step toward securing compensation for medical expenses, lost wages, and pain and suffering. However, many claims get denied due to technical errors, insufficient evidence, or policy exclusions. Understanding the common reasons for claim rejection and how to avoid them can help you build a stronger case and improve your chances of success.

1. Grounds on Which Mesothelioma Claims Are Rejected & How to Avoid Rejection

1.1. Insufficient Medical Evidence

• Insurance companies or asbestos trust funds require solid medical proof that you have been diagnosed with mesothelioma.
• Lack of detailed pathology reports, imaging scans, or physician statements can lead to claim denial.

✅ How to Avoid:

• Obtain official medical records from a licensed oncologist specializing in mesothelioma.
• Provide pathology and biopsy results confirming the diagnosis.
• Include detailed reports from specialists linking asbestos exposure to your illness.

1.2. Inability to Prove Asbestos Exposure

• Claimants must establish a direct link between their mesothelioma diagnosis and asbestos exposure.
• If the exposure history is unclear or lacks supporting documents, the claim may be denied.

✅ How to Avoid:

• Gather employment records, witness testimonies, and military service records that prove asbestos exposure.
• Obtain affidavits from coworkers or family members who can confirm exposure.
• Seek expert opinions from industrial hygienists or medical professionals who can validate your exposure history.

1.3. Missing or Incomplete Documentation

• Missing paperwork, incorrect forms, or incomplete submissions often lead to claim rejection.
• Deadlines for filing claims are strict, and delays may result in automatic denial.

✅ How to Avoid:

• Ensure all required documents, such as medical records, employment history, and exposure evidence, are submitted in full.
• Double-check application forms before submission.
• Work with an experienced mesothelioma attorney who can guide you through the process.

1.4. Expired Statute of Limitations

• Each state has a time limit (statute of limitations) within which a claim must be filed after diagnosis or death.
• If you miss the deadline, your claim is likely to be rejected.

✅ How to Avoid:

• File your claim as soon as you receive a mesothelioma diagnosis.
• Check the statute of limitations in your state (typically 1-5 years).
• If filing a wrongful death claim for a loved one, start the process immediately.

1.5. Trust Fund Exhaustion

• Some asbestos trust funds have limited money and may reject claims when funds run low.
• If a company declared bankruptcy and set up a trust, the claim might not be approved due to insufficient funds.

✅ How to Avoid:

• Research whether the responsible company’s trust fund has available funds.
• Explore multiple claims through different asbestos trust funds.
• Work with an attorney to identify alternative compensation options, such as lawsuits or veterans’ benefits.

1.6. Disputes Over Legal Responsibility

• Defendants in mesothelioma lawsuits may argue that your illness was caused by something other than asbestos exposure.
• Insurance companies may claim that your exposure happened outside their policy coverage.

✅ How to Avoid:

• Provide solid medical documentation connecting asbestos exposure to your mesothelioma.
• Work with legal and medical experts who can testify on your behalf.
• Collect historical data on asbestos use at your workplace or military service records.

2. How to Strengthen Your Mesothelioma Claim

✅ Hire a Mesothelioma Lawyer

• An experienced lawyer knows how to navigate trust fund claims, lawsuits, and VA claims.
• They can gather the necessary documentation and handle legal proceedings on your behalf.

✅ File the Claim Before the Deadline

• Don’t delay! Filing as early as possible ensures you don’t miss any legal deadlines.

✅ Provide Complete and Accurate Documentation

• Make sure all paperwork is properly filled out, signed, and submitted.

✅ Explore Multiple Compensation Avenues

• Don’t rely on a single asbestos trust fund. Look into lawsuits, VA benefits, or workers’ compensation.

✅ Stay in Contact with Your Legal Team

• If the insurance company requests additional documents, respond promptly.

How Much Compensation For Mesothelioma?

Compensation for mesothelioma varies significantly based on factors such as the severity of the illness, extent of asbestos exposure, and the responsible parties. On average, settlements range from $1 million to $1.4 million, while trial verdicts can award around $2.4 million. ​Cohen, Placitella & Roth, P.C.+11Mesothelioma.com+11MesotheliomaHope.com+11

For example, Simmons Hanly Conroy has secured notable settlements including $13.1 million for a carpenter and $10 million for a boiler tender, both diagnosed with pleural mesothelioma. ​MesotheliomaHope.com

Additionally, asbestos trust funds, established by bankrupt companies, offer compensation averaging between $300,000 and $400,000. ​MesotheliomaHope.com

It’s important to note that these figures are averages; actual compensation can vary widely based on individual case details. Consulting with an experienced mesothelioma attorney can provide a more accurate assessment tailored to your specific situation.​

Can exercise prevent mesothelioma?

No, exercise cannot prevent mesothelioma, as the disease is caused by asbestos exposure, not lifestyle factors. However, regular exercise can improve overall health and help mesothelioma patients manage symptoms. Here’s how:

How Exercise Helps Mesothelioma Patients

1. Improves Lung Function – Light exercises like walking or deep breathing can enhance oxygen flow and reduce shortness of breath.
2. Boosts Immunity – Regular movement strengthens the immune system, helping the body fight infections and inflammation.
3. Reduces Fatigue – Cancer and its treatments often cause extreme tiredness; mild exercise can boost energy levels.
4. Enhances Mental Well-being – Physical activity helps release endorphins, reducing stress and anxiety in patients.
5. Maintains Muscle Strength – Mesothelioma treatment can cause muscle loss; light strength training may help retain mobility.

Safe Exercises for Mesothelioma Patients

• Breathing Exercises – Enhances lung capacity
• Light Walking – Boosts circulation and energy
• Stretching & Yoga – Improves flexibility and reduces stiffness
• Water Therapy – Low-impact exercise that reduces strain on joints

Consult Your Doctor First

Since mesothelioma affects the lungs and overall health, always consult a doctor or physical therapist before starting any exercise routine.

Final Thoughts

Filing a mesothelioma claim is complex, but avoiding common mistakes can significantly improve your chances of approval. By ensuring complete documentation, proving asbestos exposure, and working with an expert attorney, you can avoid rejection and receive the compensation you deserve. If your claim is denied, don’t give up—appeals and alternative legal options may still be available.