Exigent Health Claim

An exigent health claim is a request that an asbestos trust process a claim ahead of its normal order because the claimant is gravely ill. Most trust distribution procedures offer it to living claimants with mesothelioma or with a doctor's statement that they are not expected to live much longer. A separate category, exigent hardship, covers claimants facing severe financial hardship from their asbestos disease.

Origin

Trusts normally process claims in the order they are filed (first in, first out). The exigent categories were written into trust distribution procedures so that people who might not survive the wait could be paid in their lifetime.

Significance in Asbestos Context

For a living mesothelioma patient, exigent status can mean payment in weeks instead of months. The claim still has to meet the trust's medical and exposure criteria; exigent status only moves it up the queue. Each trust's rules differ, including the medical certification required and whether a claim must first be filed normally. The hardship category usually requires showing that the claimant needs the money for necessities and that the asbestos disease caused the hardship.

Example Sentence

Because he was still living with mesothelioma, his lawyers filed exigent health claims with nine trusts, and most paid within two months.

Related Terms

Trust Distribution Procedures, Expedited Review, Bankruptcy Trust Claim, Life Expectancy, Asbestos Trust

Notes

• Tell your lawyer immediately about a new diagnosis or a decline in health; exigent filings depend on timing.
• A physician's statement may be needed; ask your doctor to be ready to provide one.