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Mesothelioma Lawsuit

There are two main types of mesothelioma lawsuits: personal injury and wrongful death. These lawsuits help victims and families pursue financial compensation from negligent asbestos-containing product manufacturers. Most mesothelioma lawsuits settle out of court for around $1 Million. Working with an experienced lawyer helps give you a successful chance at receiving lawsuit compensation.

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Written and Fact-Checked by: Stephanie Kidd, Editor-in-Chief

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.

Why File a Mesothelioma Lawsuit?

Mesothelioma is an entirely preventable disease. Your asbestos exposure only happened because manufacturers of asbestos-containing products chose to hide the well-documented dangers of asbestos from employers and the public.

“What convinced me about carrying on with a lawsuit was when I was informed that I wasn’t suing the government, I wasn’t suing the U.S. Navy. I was suing the manufacturer. When I got told they knew many years prior, what it would do to the human being, I got mad.”

– Walter T., Pleural Mesothelioma Victim

Filing a lawsuit may help provide peace of mind that your family will be provided for and that the manufacturers of asbestos-containing products will be held accountable for their harmful actions.

How Much Compensation Do You Get for Mesothelioma?

A mesothelioma lawsuit that reaches an out-of-court settlement typically awards $1 Million to $1.4 Million. In the rare case that a mesothelioma lawsuit goes to trial, victims may win an average of $2.4 Million.

That said, most mesothelioma lawsuits do not go to trial because they are very risky for both the plaintiff and the defendant. There is no way to guarantee a win through a trial, as judges or juries can side with either the victim or the asbestos product manufacturers.

Final compensation amounts depend on various factors, including the victim’s age, diagnosis, and overall health, as well as where and when the case was filed.

Benefits of Filing a Mesothelioma Lawsuit

Successful mesothelioma lawsuits award families with an average of $1 Million or more in financial compensation. Below, learn how lawsuit compensation can help your family.

Cover Your Medical Expenses

Mesothelioma requires aggressive treatments from specialized doctors. Many patients owe more than $400,000 in medical bills during their first year of treatment alone. Mesothelioma lawsuit compensation can help ease this potential financial strain.
Hold Manufacturers Accountable

The only known cause of mesothelioma is asbestos exposure. Manufacturers of asbestos-containing products knew the mineral was dangerous, but used it anyway and put people in needless danger for decades.
Provide Financial Security for Your Family

Being diagnosed with mesothelioma creates a significant burden that can be alleviated in part by financial compensation. Even if you or your family members have to take time off of work while you receive treatment, financial compensation can help supplement this lost income.

Who Can File a Mesothelioma Lawsuit?

Anyone who has been diagnosed with mesothelioma may be eligible for legal compensation.

In some cases, a family member (usually the spouse or adult children) or estate representative may be able to file a lawsuit on the victim’s behalf. This can happen if the victim becomes too sick or passes away due to their cancer.

Only a lawyer can determine your eligibility to file an asbestos claim. Connect with a mesothelioma lawyer to see if you may qualify.

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Mesothelioma Lawsuit Timeline

Below, learn more about the steps that most mesothelioma lawsuits will follow.

1. Case Evaluation

Before filing a lawsuit, your legal team will conduct a case evaluation, which determines when, where, and how you were exposed to asbestos and which manufacturers may be responsible.

Your dedicated legal team may include an experienced mesothelioma lawyer, a nurse, investigators, paralegals, and other support staff.

2. Filing the Lawsuit

After your lawyer has reviewed your case and determined eligibility, they will file the lawsuit in a court system that best suits your case. Some courts may be more favorable to mesothelioma lawsuits than others, maximizing your case value and helping you receive compensation quicker.

Did You Know?

Over 2,000 mesothelioma lawsuits were filed in 2018 alone.

3. Defendant Response

Once the lawsuit is received by the court and processed, the defendants will be notified. The defendants then have a set time limit — generally 30 days or less — to agree or refuse to pay. If they refuse, both legal teams will continue gathering evidence to strengthen their cases.

4. Discovery Phase

During the discovery process, your legal team will collect documents, photos, and historical records to try and prove the defendants are at fault.

Evidence gathered during this process may include:

Employment history and related documents
Medical records that confirm your mesothelioma diagnosis
Military service records
Which asbestos-containing products you used
Witness statements

Lawyers may also call witnesses to give testimony under oath through depositions.

5. Settlement or Trial

In most cases, your lawyer will work with opposing counsel to try and reach an out-of-court settlement. Settlements can happen at almost any stage of a mesothelioma lawsuit, but most occur shortly before your trial date.

During an asbestos trial, both legal teams present their cases before a jury that will eventually decide the winner. Although a jury trial could get you more compensation, trials are often unfavorable when compared to settlements for a number of reasons.

	Settlements	Trials
Risk	Assuming your lawyers and the defendants’ lawyers can reach an agreed-upon amount, settlements guarantee compensation.	Trials are incredibly risky because if you lose, you most likely won’t receive compensation from the defendants you are suing.
Time/Energy	Your lawyer will be able to handle most, if not all, of the legal work involved in reaching a mesothelioma settlement.	You may have to appear in court during a trial, taking time away from your healing and spending time with family.
Cost	When you opt for a settlement, you won’t have to worry about the legal fees that come with a trial and a potential appeal.	Trials add additional legal fees to your case, which will be deducted from any potential winnings.

Another drawback of trials is that a successful verdict may be appealed by the defendants.

During the appeals process, a higher court is asked to review the jury verdict and potentially issue a new one, adding even more time and expense to your case. Getting a transcript of your original trial can cost tens of thousands of dollars alone.

6. Receive Compensation

After your legal team reaches a settlement, you will receive compensation in less than a year in most cases. If you decide to take your case to court, it can take a year or even several years to reach a verdict and potentially get compensation.

Mesothelioma Lawsuit Statute of Limitations

Mesothelioma lawsuits are bound by statutes of limitations, which define how long you have to file your claim. Because statutes of limitations vary by state and case type, only an experienced mesothelioma lawyer can give you the most accurate and reliable information about your case.

Contact a lawyer even if you became sick a long time ago, as there may be other ways to receive compensation.

Alternatives to Mesothelioma Lawsuits

Sometimes, mesothelioma or asbestos lawsuits may not be the best option for victims looking to receive compensation, but other options may be available.

Other ways to access mesothelioma compensation include:

Asbestos trust funds: Larger manufacturers of asbestos-containing products were court-ordered to establish bankruptcy trusts to compensate those harmed by their products. Over $30 Billion has been set aside in asbestos trust funds to help current and future victims.
U.S. Department of Veterans Affairs (VA) claims: One in three people affected by mesothelioma are veterans. If you developed mesothelioma due to your service in the United States military, you may be able to receive compensation through VA benefits.
Government Programs: Mesothelioma victims may be able to access financial assistance through programs like Medicare, Medicaid, and Social Security Disability Insurance (SSDI).

An experienced lawyer can recommend which of these options will work best depending on your individual circumstances.

Lawsuits for Other Asbestos-Related Diseases

If you were exposed to asbestos and developed another type of asbestos-related cancer or non-cancerous disease, you may also be eligible for lawsuit compensation.

Frequently Asked Questions About Mesothelioma Lawsuits

How long does a mesothelioma lawsuit take?

The total length of a mesothelioma lawsuit depends on whether the case settles or goes to trial. Trials usually take longer to award compensation, but most asbestos cases reach a settlement. Mesothelioma lawsuits that settle out of court may start to award victims with compensation in one year or less.

How much does a mesothelioma lawyer cost?

Mesothelioma lawyers work on what is known as a contingency basis, meaning you do not have to pay any out-of-pocket expenses to work with them. You will only be responsible for paying your lawyers if they secure compensation for you.

Will I have to travel for my mesothelioma lawsuit?

Lawyers at national mesothelioma law firms can travel to you at your home or hospital room to gather evidence and testimonials. If your case settles, you may not even have to step foot in a courtroom.

Experienced lawyers understand that mesothelioma requires intensive treatments and will not ask you to travel if you are not well enough to do so.

Find Out If You Have a Case

If you or a loved one were diagnosed with mesothelioma and would like to hold the companies at fault responsible for their wrongdoings, you may be able to file a lawsuit.

The first step in the legal process is seeing if you have a valid mesothelioma claim. Our team is here to listen to the details of your case, answer any questions you may have, and determine if you can take legal action.

Get a free legal case review today to learn if you may have a case.

Written by:Stephanie Kidd

Editor-in-Chief

Stephanie Kidd grew up in a family of civil servants, blue-collar workers, and medical caregivers. Upon graduating Summa Cum Laude from Stetson University, she began her career specializing in worker safety regulations and communications. Now, a proud member of the American Medical Writers Association (AMWA) and Editor-in-Chief of the Mesothelioma Cancer Network, Stephanie serves as a voice for mesothelioma victims and their families.

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