Mesothelioma Lawsuits

Mesothelioma lawsuits include personal injury and wrongful death claims. A mesothelioma lawsuit helps victims of asbestos exposure, and their families seek compensation for medical bills and other expenses.

Over $30 billion currently sits in trust funds, available for victims of asbestos-related diseases. We invite you to fill out our form today for a free Financial Compensation Packet, filled with information about experienced mesothelioma lawyers in your area, how to get paid in 90 days, how to file an asbestos trust fund claim and much more.

What Is a Mesothelioma Lawsuit?

A mesothelioma lawsuit is a legal action taken by victims of asbestos exposure against the companies responsible for exposing them. Very few ever go to trial. Most end in negotiated settlements compensating the victims.

Why Should I Consider Filing a Mesothelioma Lawsuit?

Asbestos illnesses like mesothelioma are expensive. You face steep medical bills and also lost wages if the illness prevents you from working. Most people choose to file a mesothelioma or asbestos lawsuit for compensation.

There are several reasons to consider filing a lawsuit over your asbestos exposure:

• Companies responsible for your exposure to asbestos and resulting illness should be held accountable.
• Holding these companies responsible deters others from exposing workers in the future.
• A lawsuit provides compensation for you, the victim.
• A lawsuit can also provide financial security for your family.

A lawsuit is just one option for legal recourse, but it is important to seek justice and recover damages.

Who Can File a Mesothelioma Lawsuit?

Anyone exposed to asbestos with resulting symptoms or illness is eligible to file a lawsuit. Any company that exposed workers or others to asbestos can be held liable for resulting expenses.

If you lost a family member to mesothelioma, you might also be eligible to sue the responsible companies. You can also sue on behalf of the estate of your loved one.

Types of Mesothelioma Lawsuits

There are two main types of lawsuits filed by victims or their families.

Personal Injury Lawsuit

If you are the victim of asbestos exposure, you can file a personal injury lawsuit against the companies that provided asbestos materials.

• Your suit will be filed against the company or companies negligent in your illness.
• You may recover damages for medical bills and other illness-associated expenses.
• A personal injury lawsuit also includes future expected expenses and lost wages.
• Depending on state laws, you can also seek non-economic damages for pain, suffering, and other intangible costs of being sick.

Wrongful Death Lawsuit

If you have lost a loved one to an asbestos illness, you can file a wrongful death lawsuit against those responsible.

• You can claim compensation for medical bills, funeral expenses, and lost wages that would have supported dependents.
• You can also seek non-economic damages such as loss of companionship.

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How Do I File a Mesothelioma Lawsuit?

The first step in filing a lawsuit is to find the right lawyer. Hire a law firm with proven experience helping other victims of asbestos exposure.

A qualified law firm will have the most knowledge and experience and will be able to give you the best guidance. Your lawyer will take you through several steps in the lawsuit process:

1. Gathering Information

Your legal team will begin by investigating and gathering information to make your case. Be prepared to provide your:

• Employment history
• Medical history and records
• Medical expenses related to your illness
• Costs related to being ill, such as travel expenses for treatment
• Documentation of asbestos in the workplace, if possible
• Documentation of physical disabilities and activities you can no longer do

2. Pre-Litigation Phase and Filing

Your lawyer will file the complaint or lawsuit with all the necessary information to build a strong case.

The complaint goes to the defendants, who then have a period, usually 30 days, to file an official response. Failure to respond can result in a judgment in favor of the plaintiff.

3. The Discovery Phase

In most cases, the defendants will respond and deny any negligence. Attorneys on both sides then continue investigating and building a case.

Each side can access information from the other. They may hold interviews, talk to experts, conduct depositions, and investigate medical records. This can take several months.

4. Settlement

Many defendants will settle at this point. Settling helps defendants avoid the potentially higher costs of a lawsuit.

Juries are often sympathetic to the victim and award higher amounts than those negotiated in settlements. Compensation amounts vary by individual, but they take into account several factors:

• Lost wages
• Medical expenses
• The length of the illness
• The severity of the illness
• Mental and emotional suffering
• Physical discomfort
• Case costs, including filing fees

Between 80% and 90% of personal injury cases end in settlements. You can expect to receive monthly payments rather than a lump sum with a settlement.

5. Going to Trial

If both sides disagree on a settlement, your case will go to trial. Each side presents evidence and examines witnesses in front of the jury.

The trial’s length depends on several factors, like witnesses, medical documents, and the case’s complexity.

Are There Alternatives to Filing a Lawsuit?

If you don’t feel comfortable filing a mesothelioma lawsuit, talk to your lawyer about other ways to get compensation. You might qualify to claim with an asbestos trust.

Asbestos trusts were set up by companies that filed for bankruptcy and no longer take on lawsuits. They currently hold $30 billion in funds, and you could be eligible for your share.

If you served in the military, your lawyer can help you get veteran benefits. They can also help you with Social Security Disability and other types of benefits.

Landmarks in Mesothelioma and Asbestos Lawsuits

Mesothelioma is a rare disease, yet thousands of people have filed lawsuits over it. Clarence Borel, an industrial worker, filed the first asbestos case in 1969.

It was the legal turning point for victims of asbestos-related disease by providing a way for victims to get compensation. Borel won his case against the Fibreboard Paper Products Corporation.

• 1963-1965 Risks of Asbestos Exposure Discovered

In the 1960s, Dr. Selikoff, a physician in Paterson, New Jersey, treated members of the Asbestos Workers Union. He soon noticed that an unusual number of workers suffered from mesothelioma, a rare disease. Dr. Selikoff connected mesothelioma to asbestos exposure.

In 1963, Dr. Selikoff published his findings. His research and other studies finally pushed the Occupational Safety and Health Administration to enforce workplace safety regulations regarding asbestos.

• 1965 Tort Laws

The American Law Institute of The Restatement of the Law of Torts published section 402A:

“[Any party] who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is liable for the harm caused by that product to the consumer or end user.”

This allowed victims of asbestos products and materials to sue the manufacturers for damages.

• 1969 to Present: Lawsuits Triple

The amount of mesothelioma cases has more than tripled to over 700,000 after the success of the first asbestos lawsuit and proof that asbestos contributes to life-threatening illnesses.

More than 10,000 companies have been named in asbestos lawsuits.

What’s the Latest in Mesothelioma Litigation?

Mesothelioma Diagnoses and Deaths

• Over 30,000 people worldwide received a mesothelioma diagnosis in 2020, according to the Global cancer statistics 2020: GLOBOCAN estimates of incidence and mortality worldwide for 36 cancers in 185 countries.
• New cases of cancer are on the rise. Approximately 19.3 million new cases of cancer and around 10 million cancer deaths are expected to be reported by the end of 2020.
• Worldwide mesothelioma cases totaled 30,870, with 26,278 deaths.

Johnson & Johnson Knew About Asbestos 

• Reuters reports that Johnson & Johnson knew for decades that its baby powder was contaminated with asbestos. Victims’ lawyers discovered that the company actively hid this information.
• The investigative report comes on the heels of a successful lawsuit against J&J. Numerous plaintiffs diagnosed with asbestos illnesses proved their cases and won compensation.
• In October 2019, despite their protests that their products contained no asbestos, Johnson & Johnson pulled 33,000 baby powder bottles from store shelves, according to a report by The New York Times. The recall happened after the Food and Drug Administration announced it discovered asbestos in one of the bottles.
• In October 2020, the company agreed to pay over $100 million to help resolve more than 1,000 lawsuits over asbestos in baby powder.
• In November 2020, Johnson & Johnson lost its appeal to overturn a $2.12 billion verdict awarded to women diagnosed with ovarian cancer in Missouri.

Asbestos-Related Litigation on the Rise

• Rates of mesothelioma have been declining, but lawsuits filed over asbestos exposure and cancer continue to rise. The number of asbestos cancer cases filed by victims increased by nearly 66% between 2007 and 2017.
• In 2017, there were 2,124 mesothelioma filings, an all-time high.
• Women are filing more asbestos cases than ever, with greater increases in lawsuits than men.
• Much of the increase can be attributed to the Johnson & Johnson talcum powder cases. The number of lawsuits filed over talc products and asbestos increased by 11% in 2019.

International Asbestos Facts

• According to the World Health Organization (WHO), 125 million people worldwide experience asbestos exposure on the job.
• Preventing lung diseases caused by exposure to asbestos is part of the WHO’s Global Action Plan for the Prevention and Control of Noncommunicable Diseases through 2020.
• Deaths in the United Kingdom related to asbestos exposure have reached a crisis level at more than 2,500 deaths per year from mesothelioma. This is expected to be the peak of asbestos diseases in the country.

Mesothelioma Lawsuit FAQs

Before proceeding with a lawsuit, get all your questions answered. This is a great place to start, but you should also contact an experienced asbestos attorney.

What if I Don’t Know Which Companies to Sue?

If you received a mesothelioma diagnosis, asbestos is the most likely cause. You probably encountered it at work or in the military. An asbestos law firm has the resources to investigate your past exposure and pin down the companies responsible and liable for damages.

What if the Responsible Company No Longer Exists?

Most bankrupt asbestos companies set up asbestos trust funds to compensate victims. They funded the trusts with enough money to provide for claimants well into the future. Your lawyer can find the appropriate trusts for you to make claims.

How Long Does it Take to Get Compensation From a Mesothelioma Lawsuit?

A lawsuit can potentially take years to resolve. However, most mesothelioma lawsuits end in settlements. Many victims get payments within a few months. Courts understand that mesothelioma patients have limited time and try to expedite cases as much as possible.

Many settlements result in cash for the asbestos victim within about 90 days.

Will I Have to Go to Court?

Because most of these cases don’t go to trial, you probably won’t have to go to court. If your case goes to trial and you are too sick to attend, your lawyer can make accommodations.

What Happens if the Patient Dies During a Mesothelioma Lawsuit?

When a patient dies before a case resolves, either a family member or their estate may continue the lawsuit. Loved ones can also decide to start a wrongful death lawsuit.

What if I Can’t Afford to File a Lawsuit?

Asbestos lawyers do not charge their clients fees until they win the case. You won’t have to pay anything until you get a settlement or verdict in your favor.

Should I Join a Mesothelioma Class Action Lawsuit?

Class-action or group lawsuits are rare in mesothelioma cases. You generally have a better chance of recovering damages if you file individually.

Another option is to join multidistrict litigation (MDL). This is when the courts process several similar claims together, but each plaintiff remains part of an individual lawsuit.

What Is the Average Settlement for a Mesothelioma Lawsuit?

The average settlement in mesothelioma lawsuits ranges from $1 million to $1.4 million. Jury verdicts are usually larger, but by going to trial, you risk getting nothing. It also takes much longer to reach a verdict in most cases.

How Much Is My Mesothelioma Lawsuit Worth?

Even the best lawyers cannot predict exactly how much you can get from an asbestos lawsuit. They can provide a very accurate estimate based on several factors:

• Your past and ongoing medical expenses
• Expected future medical and care expenses
• Lost wages and lost earning capacity
• The degree of liability on behalf of the defendants
• The severity of your illness
• Your physical and emotional pain and suffering

Asbestos lawsuits that go to trial and result in a win for the plaintiff often have very high jury awards, worth several million dollars.

Is a Mesothelioma Settlement Taxable?

If or how your settlement will be taxed depends on individual factors and state laws. You should not have to pay taxes on compensation for medical expenses. Lost wages are usually taxed.

Is There a Statute of Limitations on Mesothelioma Cases?

Yes, every state has a statute of limitations for personal injury and wrongful death lawsuits. They range from one to six years. Make sure you act quickly after receiving a diagnosis or losing a family member to avoid missing your opportunity to sue the responsible companies.

Where Can I Get Legal Assistance with My Lawsuit?

Fill out our form to get our free Financial Compensation Packet, filled with information on the experienced asbestos and mesothelioma attorneys in your area. If you need additional assistance, feel free to contact us toll-free at 800-793-4540.