Troy E. Walton
Personal Injury Attorney
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Everything You Need to Know About Mesothelioma Lawsuits
Important Facts About Mesothelioma Lawsuits
- The American court system usually favors lawsuits from mesothelioma victims.
- You can file multiple lawsuits if more than one asbestos company is responsible.
- Most lawsuits end in settlements and don’t cause stress for asbestos victims.
- A national mesothelioma lawyer or law firm will help the most with litigation.
Why to File a Mesothelioma Lawsuit
Following their diagnosis, mesothelioma patients often face numerous struggles. They include treatment, financial instability and difficult conversations with loved ones. The idea of filing a lawsuit for asbestos exposure appears to be an unnecessary stressor.
However, the companies that caused asbestos exposure should be held responsible. Fortunately for you and other victims, filing litigation requires little work from the mesothelioma patient or their family.
For decades, many manufacturers hid the dangers of asbestos, the mineral that causes mesothelioma. For this reason, most patients and their families are eligible for compensation.
When handled by an experienced asbestos law firm, most lawsuits end in a settlement. The American court system has been sympathetic to the victims of malicious corporate greed, especially connected to asbestos.
How to File a Mesothelioma Lawsuit
Filing a mesothelioma lawsuit involves a three-step process. Follow this procedure if you’re wondering how to increase your chances of a successful result and maximum payment:
Connect with a lawyer who has experience with mesothelioma lawsuits. Not all attorneys have experience with asbestos litigation. They may advertise themselves as experts, but mesothelioma lawsuits are vastly different from all other types of personal injury cases.
Learn how and where you were exposed to asbestos. This step is essential to filing a lawsuit. Without proof linking your cancer to individual instances of asbestos exposure, your lawsuit likely won’t succeed. Talking with a mesothelioma lawyer makes this step much easier.
File claims in multiple jurisdictions and against all responsible parties. Casting a wide net helps in two ways. First, you’ll have more opportunities for a successful lawsuit. Second, you’ll likely receive a larger payment amount in the end.
Benefits of Filing a Mesothelioma Lawsuit
The main reason for filing a lawsuit is receiving mesothelioma compensation. This helps cover financial instability caused by lost wages, medical costs and other life changes due to asbestos exposure. This money also helps patients receive treatment options that would otherwise be unavailable to them.
Most successful mesothelioma lawsuits are settled outside of court. The legal process for these cases usually isn’t dragged out, and few reach the trial phase. Victims who settle their asbestos cases often receive compensation in a timely manner.
An experienced attorney from a national asbestos law firm will travel to meet their client and take on almost every aspect of the case.
Examples of Mesothelioma Lawsuits
There are more than 1,000 mesothelioma claims filed every year and many of them are lawsuits. The goal of a lawsuit is to either achieve a settlement before going to court or win a verdict in court.
There are many examples of mesothelioma lawsuits ending favorably for victims. These lawsuits are public because they finished with a verdict favoring the victim.
Louisiana Court Delivers $36.7 Million Verdict
A Louisiana court issued a $36.7 million verdict in 2021 for a mesothelioma victim. The lawsuit was against Level 3 Holdings, Inc., and the victim was a former welder and pipefitter, two occupations linked to regular asbestos exposure.
Louisiana is considered a favorable state for victims of asbestos exposure. Many multi-million-dollar verdicts have emerged from courts in this state.
Asbestos Lawsuit Ends in Verdict for Libby Miner
A miner from Libby won $36.5 million against Maryland Casualty, the workers compensation insurance company linked to the vermiculite mine in the infamous asbestos town of Libby, Montana. The victim worked in the W.R. Grace mine in Libby for 1-2 years, which was enough for him to develop asbestosis. Libby is considered the capital of asbestos exposure and diseases due to the W.R. Grace mine.
Los Angeles Jury Delivers $43 Million Verdict
A victim of mesothelioma won a $43 million verdict in 2022 in Los Angeles. It is one of the largest mesothelioma lawsuit verdicts since the court system in the U.S. reopened following the COVID-19 pandemic.
The jury concluded that Algoma Hardwoods, Inc. is liable for the victim’s mesothelioma, which she developed after being exposed to asbestos during her employment with the company. Algoma Hardwoods was found to be negligent with knowing about the presence of asbestos in its fireproof doors.
Plant Worker Receives $3 Million in Lawsuit
A South Carolina Court of Appeals backed a 2017 verdict favoring a former plant worker. The victim worked for Duke Energy and was exposed to asbestos from gaskets and valves made by Fisher Controls International and Crosby Valve LLC.
The victim received $2.87 million in the lawsuit. He died in 2018, a year after the verdict.
Lawsuit Against Exxon Favors Mesothelioma Victim
An appellate court in Washington state affirmed a mesothelioma lawsuit verdict against ExxonMobil Oil. The verdict was for $2.2 million after the victim was exposed working near old pipes at an oil refinery. The victim, who worked for Exxon in the 1970s, died in 2015.
Lawsuit for Asbestos in Bowling Balls
A mesothelioma victim sued Honeywell for asbestos found in balls. The victim drilled finger holes into balls as an operator of a bowling alley. He owned the business from 1957-1986 and passed away in 2013.
His family filed a lawsuit and won $4.3 million from a Los Angeles jury.
Secondary Asbestos Exposure Lawsuit
A victim’s family sued a company and won $8 million for secondary asbestos exposure and wrongful death. An Oklahoma court upheld the verdict in 2021.
The victim died in 2016 at age 38. The wrongful death trial ended in 2019 with the verdict. The victim, the stepson of an oil field worker, was exposed to asbestos through his stepfather’s clothes. He was exposed as a child to raw, loose asbestos or asbestos from drilling rig products. His exposure involves three companies: Union Carbide (manufacturer); Montello Inc. (distributor); and National Oilwell Varco (manufacturer).
Massachusetts Sues Four Companies
There’s even an example of a state filing a lawsuit. In 2021, Massachusetts sued four companies regarding asbestos abatement (removal) and storage. The incident occurred in Springfield, Massachusetts, at the city’s former YMCA building. The lawsuit alleges the four entities violated the state’s Clean Air Act due to how asbestos was removed and stored.
The companies sued were:
- Ray Services Inc., an asbestos abatement company
- O’Reilly, Talbot, & Okun Associates, Inc., an environmental consulting company;
- Allegrone Construction Co., a general contractor
- Service Transport Group, a transportation company
Mesothelioma Lawsuit Process
What to Expect From a Mesothelioma Lawyer
Once a patient has found the best treatment available, the next step is finding top legal representation. Just like certain doctors specialize in specific treatment, some attorneys specialize in representing the victims of asbestos exposure. Patients should never compromise on the quality of their legal representation.
A great mesothelioma law firm:
- Has years of experience helping people affected by mesothelioma
- Knows how to investigate your history of asbestos exposure
- Can trace exposure to specific companies’ wrongdoing
- Works on a contingency basis and doesn’t get paid until you do
- Represents clients around the country and will travel to you
- Minimizes client stress by doing most of the work
- Provides frequent updates on your case
A national law firm is more capable than local ones of fully investigating your claim. They will find all liable asbestos companies and determine where to file a lawsuit.
Experienced law firms will usually move a case to a jurisdiction that is more favorable to their client. This helps in terms of the amount they will receive and the speed of receiving the compensation. Contact the top mesothelioma law firms with our free case evaluation form.
Frequently Asked Questions About Mesothelioma Lawsuits
How Long Do Mesothelioma Lawsuits Take?
Each lawsuit is different and will require a unique amount of time. However, the top mesothelioma lawyers and law firms can expedite and finish your case in just a matter of months.
Do All Mesothelioma Lawsuits Go to Trial?
No. Nearly all cases end in a mesothelioma settlement. The at-fault companies want to avoid costly trials.
Can I File a Lawsuit Against a Bankrupt Company?
No, but you can still receive compensation in the form of asbestos trust funds. These funds are specifically for victims of mesothelioma and other asbestos diseases when the at-fault companies are bankrupt.
How Much Money Will I Receive From a Lawsuit?
The amount of your mesothelioma compensation depends on numerous factors, which make up your mesothelioma case value. This estimation varies for each person.
How Will I Pay My Attorney?
The best mesothelioma attorneys work on a contingency basis, which means you won’t have to pay any hiring costs. They’re only paid if your claim succeeds.
How Long Do I Have to File a Lawsuit?
Mesothelioma cases have a statute of limitations (SOL), meaning there is a limit to how long you can wait to file. Statutes'deadlines vary based on where you live, where the exposure happened and several other factors.
Can Veterans File a Lawsuit?
Yes. Veterans with mesothelioma can file both Veterans Affairs claims and lawsuits against the responsible asbestos manufacturing companies.
Sources & Author
- Asbestos Bankruptcy Trusts and Tort Compensation. RAND Institute for Civil Justice. Retrieved from: https://www.rand.org/content/dam/rand/pubs/monographs/2011/RAND_MG1104.pdf. Accessed: 10/23/19.
- Products Liability. Law, Science & Public Health Program. Retrieved from: https://biotech.law.lsu.edu/cases/products/402a-b.htm. Accessed: 10/30/18.
- Jury Awards $43M in Asbestos Trial; Georgia-Pacific 15% at Fault. LegalMag. Retrieved from: https://www.law.com/dailyreportonline/2022/05/24/los-angeles-county-jury-awards-43m-in-asbestos-trial/?slreturn=20230207150306. Accessed: 03/07/2023.
- $2.2M Mesothelioma Verdict Against Exxon Is Affirmed. Law360. Retrieved from: https://www.law360.com/articles/1448310. Accessed: 01/26/2022.
- AG Healey Sues Four Companies for Illegal Asbestos Work at Former Springfield YMCA. State of Massachusetts. Retrieved from: https://www.mass.gov/news/ag-healey-sues-four-companies-for-illegal-asbestos-work-at-former-springfield-ymca. Accessed: 03/31/2021.
- Jury awards $36.5 million verdict against insurance company in bellwether Libby asbestos case. Montana Standard. Retrieved from: https://mtstandard.com/news/local/jury-awards-36-5-million-verdict-against-insurance-company-in-bellwether-libby-asbestos-case/article_1d8c8e95-118a-5ad9-be79-843fd2d7ef27.html. Accessed: 02/23/2022.