What Is a Mesothelioma Lawsuit?
A mesothelioma lawsuit is a form of legal action taken by victims of this rare cancer.
Through a mesothelioma cancer lawsuit, the victim will request a financial payout from the asbestos-containing product manufacturers found responsible for their illness. The lawsuit may be settled out of court or via a trial. Most mesothelioma lawsuits end in settlements.
Successful mesothelioma lawsuits must prove:
- When, where, and how the victim was exposed to asbestos
- That exposure to asbestos caused the victim to develop mesothelioma
- Which asbestos companies are responsible for the victim’s exposure
An experienced lawyer who has handled mesothelioma cases before can research and prove these factors during a lawsuit.
If you or a family member were diagnosed with mesothelioma and would like to pursue compensation, it is best to work with a mesothelioma lawyer.
Types of Mesothelioma Lawsuits
Depending on the specifics of your case, there may be different legal options available to you. Below, learn more about the main types of mesothelioma lawsuits.
Mesothelioma Personal Injury Lawsuit
In a mesothelioma personal injury lawsuit, the mesothelioma victim is the plaintiff and the asbestos-containing product manufacturers are the defendants. This type of lawsuit is filed when the victim is still living.
Personal injury suits award compensation based on multiple factors:
- Age of the victim
- Number of dependents (such as a spouse and children)
- Cost of medical treatments
- Lost wages if the victim can no longer work
- Number of defendants named in the lawsuit
- Travel expenses
- Pain and suffering
If you have been diagnosed with mesothelioma, an experienced mesothelioma lawyer can help determine the potential value of your personal injury case.
Mesothelioma Wrongful Death Lawsuit
If you lost a loved one due to mesothelioma, their estate representative may be able to file a wrongful death lawsuit on their behalf. This representative can be anyone appointed by the court system, but it is often a family member.
Additionally, if a mesothelioma victim passes away before the conclusion of their personal injury lawsuit, their estate representative can typically continue the lawsuit process. Laws surrounding wrongful death lawsuits vary by state, so contact a lawyer to determine if you may have a case.
Mesothelioma Class-Action Lawsuits and Multidistrict Litigation
Mesothelioma attorneys do not consider class-action lawsuits or multidistrict litigation (MDL) the ideal choice for victims pursuing fair compensation.
In a class-action lawsuit, victims of the same injury or issue are able to file a lawsuit together, and if their case is successful, they all receive the same amount of compensation. An MDL allows one appointed judge to hear all similar cases filed in a federal court.
Both lawsuit types allow the court system to resolve multiple cases at once, but they historically awarded victims of asbestos exposure with much less compensation than a personal injury or wrongful death lawsuit would. In turn, they are almost never filed today.