Mesothelioma Lawsuits Explained
Mesothelioma lawsuits are one way to pursue justice and compensation if you or a loved one has this type of cancer.
Many cases of mesothelioma could have been prevented. Makers of asbestos-based products had information that linked asbestos exposure to serious illnesses like mesothelioma back in the 1930s. However, these companies concealed the dangers of asbestos to keep their profit margins high — letting people get sick and die in the process.
As a result, you may be able to file mesothelioma cancer lawsuits against the makers of asbestos-containing products. The average mesothelioma lawsuit awards $1 million, which you can use to pay for your medical expenses, mortgages, or any other bills.
You can also file personal injury lawsuits for other asbestos-related illnesses, like lung cancer and asbestosis, if you qualify.
Filing a lawsuit is easier if you work with an experienced mesothelioma attorney. Fortunately, our team can connect you with lawyers and help you take legal action. Find out your eligibility to file a mesothelioma lawsuit right now with a free case review.
- $1 million+ average payout
- Most get money in 90 days
- No extra stress on your family
Types of Mesothelioma Lawsuits
There are two main types of mesothelioma lawsuits: personal injury lawsuits and wrongful death lawsuits. Mesothelioma class-action lawsuits and multidistrict litigation (MDL) cases aren’t usually a part of the legal process. Learn about each type of mesothelioma lawsuit below.
Mesothelioma Personal Injury Lawsuits
Personal injury lawsuits can be filed if you have mesothelioma or other asbestos diseases. In a personal injury mesothelioma lawsuit, your attorneys will note which companies are responsible for your illness and demand a financial payout from them.
Mesothelioma Wrongful Death Lawsuits
A wrongful death lawsuit can be filed if a relative or loved one dies from mesothelioma. While mesothelioma wrongful death lawsuits are commonly filed by the victim’s family members, anyone who is in control of their estate — such as a close friend or a lawyer — can file.
Class-Action Lawsuits and Multidistrict Litigation
In a class-action lawsuit, those affected by the same issue jointly file a lawsuit and receive the same amount of compensation.
Mesothelioma class-action lawsuits aren’t filed today because each person’s case is different. For example, there are several types of mesothelioma and thousands of asbestos-containing products that could have caused someone’s illness. For these reasons, a personal injury or wrongful death mesothelioma lawsuit is usually more appropriate.
Much of the same thinking explains why multidistrict litigation (MDL) is not used to handle mesothelioma lawsuits. MDL allows several cases that are similar to be heard by the same judge for the sake of convenience. That said, each mesothelioma case is unique and so MDL is usually not the best solution.
Who Is Able to File a Mesothelioma Lawsuit?
Many different people can file mesothelioma lawsuits and pursue compensation.
- Mesothelioma victims: If you worked with or around asbestos-containing products and developed mesothelioma, you may qualify to file a lawsuit.
- Family members or loved ones: Relatives and loved ones can file lawsuits if they developed mesothelioma through secondhand asbestos exposure (where they didn’t work with asbestos but a person they lived with did). They can also file asbestos lawsuits if a relative dies from mesothelioma.
- Mesothelioma and asbestos attorneys: Lawyers can file mesothelioma lawsuits on your behalf and gather the information needed to get the most amount of compensation possible in your case.
- Anyone with power of attorney: You can pursue a mesothelioma lawsuit if you control the victim’s power of attorney or estate. You don’t need to be related to them.
In addition, you may be eligible to file legal claims if you have asbestosis, asbestos-related lung cancer, or other serious health problems related to asbestos exposure.
Lawsuits can’t be filed if you were exposed to asbestos but didn’t get sick from it. However, it often takes 10–50 years to develop asbestos-related diseases after exposure. For this reason, it’s important to keep a close watch on your overall health if you were exposed and to seek medical and legal help if you start feeling unwell.
Statutes of Limitations on Mesothelioma Lawsuits
There are time limits called statutes of limitations that affect how long you have to file a lawsuit for mesothelioma. The statutes of limitations can vary depending on the state you live in as well as other factors.
You can never file a mesothelioma lawsuit or receive legal compensation if the deadline passes in your case.
Because the amount of time you have to file a mesothelioma lawsuit is limited, it’s important to contact a lawyer soon after your diagnosis. Lawyers can help explain how much time you have to file a mesothelioma lawsuit and recommend the best course of action in your case.
The Mesothelioma Resource Group can connect you with top lawyers who can help you file a mesothelioma lawsuit before it’s too late. Find out if you’re eligible: Call (888) 360-2406.
Why File an Asbestos Lawsuit?
Mesothelioma patients like you have nothing to lose — and everything to gain — by filing a lawsuit. The biggest benefit of a mesothelioma lawsuit is the chance to get financial compensation.
Mesothelioma compensation can pay for:
- Medical bills
- Rent payments or mortgages
- Any other expenses
Lawsuits for mesothelioma cases can also bring a sense of justice. Remember, it wasn’t your fault that you got mesothelioma. Makers of asbestos-containing products lied for decades and let people like you get sick all in the name of money.
The least these companies can do is provide financial security while you fight for your life. You and your family can rest easier knowing that justice was served through a lawsuit.
Finally, asbestos attorneys will handle most of the legal legwork that comes with a lawsuit. This means you and your family won’t have additional stress on top of a mesothelioma diagnosis. Top mesothelioma attorneys charge no upfront fees, meaning there’s no financial risk to you either.
Steps to Filing a Mesothelioma Cancer Lawsuit
The mesothelioma lawsuit process has several steps, but an experienced attorney can help you through all of them. Learn how you can file a mesothelioma lawsuit below.
1. Get a Free Case Review
The first step in filing a mesothelioma lawsuit is to get a free consultation or case evaluation. During this process, you’ll be asked questions about your diagnosis, where you worked, and your asbestos exposure history.
Once the case evaluation has been completed, you may be connected with an attorney who can help you file a mesothelioma lawsuit.
Find out if you are eligible to file a mesothelioma lawsuit right now with a free case review.
- $1 million+ average payout
- Most get money in 90 days
- No extra stress on your family
2. Select a Mesothelioma Lawyer
Choosing the right attorney is crucial to file your mesothelioma lawsuit. Ideally, you’ll want to work with an experienced mesothelioma lawyer and legal team to handle your case. This way, you’ll be able to focus on your health while the attorneys work to get the highest amount of compensation possible for your case.
Top mesothelioma attorneys will help you collect the right information to file your claim. This includes documents related to your work history, asbestos exposure, and mesothelioma diagnosis.
When selecting an attorney, make sure they work at a mesothelioma law firm with a national reach and years of experience helping others harmed by asbestos.
Also, ask about their payment policy. Your asbestos attorney should work on a contingency fee basis, meaning they’ll only get paid if they secure money for your case.
3. File the Mesothelioma Lawsuit
Once you’ve selected a mesothelioma law firm and lawyer to work with, they’ll be able to file the asbestos lawsuit on your behalf. You won’t have to file it yourself, which will save you and your family time and extra hassle.
An attorney can ensure that your mesothelioma lawsuit is filed:
- In the most appropriate court system
- With enough evidence needed to support it
- Within the statute of limitations
Once the mesothelioma lawsuit is filed, you’ll become known as the plaintiff and the asbestos companies you’re suing become defendants. It’s likely that your lawsuit will be filed against more than one company, depending on which asbestos-based products you were exposed to.
The defendants must respond to the mesothelioma lawsuit within a set span of time or they could automatically lose the case through a default judgment. Expect every defendant to quickly respond to the lawsuit, though.
4. Enter the Discovery Phase
Once the mesothelioma lawsuit has been filed and the defendants have responded to it, the discovery phase will begin. Here, your lawyers and the defendants’ lawyers will request information (such as supporting documents) from each other to support their cases.
Depositions — written or verbal answers to questions — may also be taken during this time. Your attorney will notify you if you need to give any depositions.
5. Settlement vs. In-Court Trial
Once the discovery phase has concluded, the attorneys will negotiate to end the lawsuit using all of the information they have collected. Mesothelioma lawsuits reach a conclusion through one of two ways: a settlement or a trial.
Settlements are the most common way a mesothelioma lawsuit ends. In a mesothelioma settlement, the defendants will agree to pay you a lump sum of money to prevent the case from going to trial. Those with mesothelioma typically receive $1 million to $1.4 million through settlements, but this amount varies based on the specific details of each case.
In very rare cases, a settlement agreement won’t be reached and the lawsuit will proceed to a trial. In a trial, your attorneys and the defendants’ attorneys will present their case to a judge and/or jury, who will then decide how much money (if any) you will receive.
A successful mesothelioma trial verdict awards anywhere from $5 million to $11.4 million — but you could walk away with nothing if the jury or judge rules in favor of the defendants. For this reason, out-of-court settlements are usually the safer bet.
Get Help Filing a Mesothelioma Lawsuit
Filing a mesothelioma lawsuit is key to getting payouts for this horrible disease. Thankfully, working with top lawyers can help you understand your legal options, file a mesothelioma lawsuit, and get the money you may deserve.
Remember: past mesothelioma victims have received millions of dollars through lawsuits. Lawsuits have helped people with other asbestos-related diseases access financial payouts too.
Learn if you are eligible to file a mesothelioma lawsuit right now by getting a free case review. The Mesothelioma Resource Group will stand with you and help you in any way we can if you qualify.
FAQs About Mesothelioma Lawsuits
How long does a mesothelioma lawsuit take?
Each mesothelioma lawsuit will take a different amount of time to reach a conclusion. That said, you could start to receive money from your mesothelioma lawsuit within 90 days. Asbestos lawsuits that go to trial typically take longer to end.
An experienced mesothelioma attorney can give you a better idea of how long the legal process will take in your case.
What is the average settlement for mesothelioma lawsuits?
The average amount of compensation from a mesothelioma lawsuit varies. Mesothelioma claims that settle award $1 million to $1.4 million, while those that go to trial award $5 million to $11.4 million.
Factors that affect how much your asbestos claim will be worth include what asbestos products you were exposed to, what asbestos-related disease you have (with mesothelioma typically awarding more than other diseases), and how many companies are being sued.
How much does it cost to work with a mesothelioma lawyer?
There are no upfront fees to work with a lawyer and file a mesothelioma lawsuit. Attorneys work on a contingency fee basis, which means they get paid only after they’ve secured financial aid for you.
If you pay a lawyer upfront to file your mesothelioma lawsuit, you could actually lose money if they can’t get anything for your case.
Are mesothelioma lawsuit settlements taxable?
Mesothelioma settlements may or may not be subject to taxes. Tax laws vary by state and can be hard to understand without legal help.
This is one of many reasons why it’s helpful to work with an asbestos lawyer to file your mesothelioma lawsuit. A mesothelioma lawyer can determine how much of your settlement (if any) will be taxed.
Are there other ways to get mesothelioma compensation besides asbestos lawsuits?
Yes. You can file claims with the U.S. Department of Veterans Affairs (VA) if you’re a veteran and asbestos trust funds in order to get mesothelioma compensation.
Asbestos trust funds were created by companies that went bankrupt in the face of thousands of mesothelioma lawsuits. These bankruptcy trusts pay out money to mesothelioma victims that qualify. You may qualify for compensation from several asbestos trusts, depending on which products you were exposed to.
Further, you may qualify for VA benefits if you were exposed to asbestos while serving in the military. Veterans are at a very high risk of mesothelioma because the military used asbestos in its ships, bases, and vehicles between the 1930s and early 1980s. You can get monthly mesothelioma compensation as well as free or low-cost medical care with a VA claim.