A mesothelioma patient or a family member might launch a mesothelioma lawsuit against a firm that is responsible for asbestos exposure. The majority of lawsuits are settled out of court. The typical litigation settlement ranges from $1 million to $2 million. The typical trial verdict ranges from $5 million to $11.4 million.
Mesothelioma Lawsuit Types
If you or a loved one has been diagnosed with mesothelioma, you may be eligible for compensation through an asbestos exposure lawsuit. If you were diagnosed with mesothelioma or lost a loved one to the cancer, you may be able to file a personal injury claim or a wrongful death lawsuit.
The procedures for launching a mesothelioma lawsuit differ based on the type of claim.
Personal Injury Lawsuit
A mesothelioma patient may bring a personal injury lawsuit against the firms that exposed them to asbestos.
Asbestos liability is typically based on a company’s failure to warn personnel and customers about the dangers of inhaling the hazardous mineral. The mesothelioma patient receives compensation for their injuries if the lawsuit is successful.
Wrongful Death Lawsuit
A wrongful death claim may be filed by the estate of a deceased mesothelioma patient demanding compensation for medical bills, funeral expenses, and lost income.
Similarly, if a mesothelioma patient files a personal injury lawsuit but passes away before the case is settled, the estate may pursue the claim. When wrongful death actions grant compensation, the estate is the recipient.
“The Mesothelioma Center’s legal adviser, Mr. Joe Lahav, contacted me to discuss my mother’s mesothelioma treatment options. He was caring and straightforward. Thank you for your concern.”Amanda M.
Mesothelioma patient’s daughter
Who Qualifies for an Asbestos Lawsuit?
If you can provide documentation of your mesothelioma diagnosis and are within the statute of limitations, you may be able to launch a mesothelioma case. Medical records from the cancer center where you or your loved one were treated are commonly included in documentation.
You must also establish the history of asbestos exposure that resulted in mesothelioma. Employment documents, as well as detailed descriptions and evidence about asbestos exposure, may be included.
If you lost a loved one to mesothelioma, you may be able to file a wrongful death claim. In the event of a wrongful death litigation, you would act as the estate’s representative.
If an asbestos corporation is responsible for your exposure and has declared bankruptcy, your lawyer may be able to assist you in filing a trust fund claim instead of a lawsuit. Private health insurance, Medicare or Medicaid, Social Security disability benefits, or submitting a claim with the Department of Veterans Affairs may all be options for reimbursement.
Limitation Period for Asbestos Lawsuits
Plaintiffs in personal injury and wrongful death lawsuits must make a claim as soon as an injury occurs or is discovered. Statutes of limitations establish a time limit for a plaintiff to file a case after being injured or discovering their injury, which is usually approximately two years.
You should consult with a mesothelioma attorney to ensure that you have filed your claim within the statute of limitations.
Why Should You File an Asbestos Lawsuit?
Compensation from an asbestos lawsuit can help you and your family avoid financial hardship. Mesothelioma cases can provide funds for medical and travel expenditures, pain and suffering associated with the condition, and a brighter financial future for your family.
A skilled mesothelioma lawyer can advise you on whether to file a lawsuit and guide you through the legal process. If you decide to file a claim, you would target asbestos product manufacturers rather than the government or military if you were exposed while serving.
How to File a Mesothelioma Lawsuit
To begin the legal process, you must first select an attorney who will prepare and file a written complaint with a court. Filing and the subsequent processes may take many months, but if you are very ill, your attorney may urge the court to expedite the process before your condition worsens. Your attorney will guide you and represent you every step of the way.
1. Select an Attorney
Choosing an asbestos litigation attorney is the first step in a successful filing process. Top mesothelioma law companies will provide you a free consultation to discuss your case and your legal alternatives.
2. Case Analysis and Preparation
A case review is often referred to as a case evaluation. This is a chance for you and the law firm to get to know one other. The manner in which the firm manages the case review process reveals a great deal about how it operates and communicates with clients.
The initial steps of a mesothelioma case evaluation can be completed either over the phone or in person. In many circumstances, the assessment starts with a phone call between the patient and a mesothelioma lawyer. The attorney would ask wide inquiries during the initial phone contact to discover more about the patient’s diagnosis and how they were exposed to asbestos.
You can prepare for your first phone contact by compiling any pertinent information regarding your diagnosis and exposure, but don’t worry about remembering every detail or being able to answer every question right away. A good mesothelioma law company will assist you in researching your asbestos exposure history in order to validate your claim.
3. File Mesothelioma Lawsuit
Your attorney will investigate which claim and compensation possibilities are best suited to your needs. A qualified attorney will assist you in preparing all of the documentation required to support your claim, whether you file a personal injury case, a wrongful death lawsuit, or a claim with an asbestos trust.
After gathering the necessary information, your attorney will file your lawsuit on your behalf and oversee the legal proceedings. They will advise you on whether to accept a settlement offer or negotiate for more money.
4.Reactions and Discoveries
A copy of your complaint will be sent to each defendant in your lawsuit. They will have a set period of time to respond, usually 30 days. Defendants almost seldom accept wrongdoing. They will almost certainly dismiss your claims and say that your complaint is invalid, or they will argue that someone else is to blame for your asbestos exposure. Your lawyer will respond to each defendant’s response.
Lawyers on both sides will gather information regarding your allegations, requiring the opposing party to answer written inquiries, provide documents, and take depositions. Some of the material may be used as evidence in court. You may be required to take part in a videotaped deposition and answer questions from the defendants’ lawyers under oath. This is frequently done from the comfort of your own home, with the assistance of your attorney.
5. Settlement or Trial
Defendants may seek to settle the lawsuit by paying you money before the trial begins. Mesothelioma settlements are determined by a variety of criteria and can impact your decision to go to trial. If you decline a settlement offer, the defendant may make another one. Your lawyer will bargain on your behalf.
Going to trial is uncommon. Even if a case is filed, you may not be obligated to appear in court. The trial procedure differs according on where you file your claim. The outcome is determined by your asbestos exposure history, the state in which the lawsuit is filed, your medical history, and other variables. If you win and the defendant does not appeal, you should begin getting money within a few months of the judgement.
Defendants may elect to pursue an appeal if you win the trial. There is a time limit for filing an appeal, which is normally between 30 and 180 days after the verdict is rendered. This may cause any monetary award to be delayed, but defendants will be required to post “bond” for the amount awarded while the appeal is pending.
You will begin getting money if the defendants lose their appeal. If the appeal is successful, defendants may have to pay less or nothing at all.
5. Notable Asbestos Lawsuit Settlements
Weitz & Luxenburg obtained $43 million for a mesothelioma sufferer in 2022 when a jury ruled Algoma Hardwoods, Inc. liable for asbestos exposure.
- In 2003, a retired steel worker was granted $250 million for asbestos insulation exposure.
- In 2017, the wife of a race car driver was granted $75 million for her exposure to asbestos-containing engine gaskets.
- In 2012, the family of a construction worker received $48 million in compensation for asbestos exposure in building materials.
- In 2019, a long-time talcum powder user was granted $29.4 million in a talc case over asbestos contamination.
- In 2014, the family of a factory worker received $18.6 million in compensation for asbestos exposure at a tire company.
- In 2016, a barber’s son received $18 million in damages after being exposed to asbestos-contaminated talcum powder.
These rewards are referred to as trial verdicts, and they are frequently greater than what a patient may earn via a settlement offer or a trust fund claim.