Filing a Mesothelioma Lawsuit

Following their diagnosis, mesothelioma patients often face numerous struggles: treatment, financial instability and difficult conversations with loved ones. The idea of filing a lawsuit appears to be an unnecessary stressor, which is why many victims shy away from taking legal action.

However, the companies that caused each victim’s asbestos exposure should be held responsible. Fortunately for you and other victims, filing a lawsuit requires little work from the patient or their family.

For decades, many manufacturers hid the dangers of asbestos, a mineral that is linked to mesothelioma. For this reason, most mesothelioma patients and their families are eligible for compensation from these at-fault corporations.

When handled by an experienced law firm, most legal claims involving mesothelioma end in a successful settlement. The American court system has been sympathetic to the victims of malicious corporate greed.

Benefits of Filing

Compensation and Damages

The main reason for filing a lawsuit is receiving mesothelioma compensation to cover financial instability caused by lost wages, medical costs and other life changes. This money also helps patients receive treatment options that would otherwise be unavailable to them due to the high out-of-pocket costs.

Timely (Out-of-Court) Settlements

Most successful mesothelioma lawsuits are settled outside of court. The legal process for these cases usually isn’t dragged out, and very few reach the trial phase. Victims who settle their cases often receive compensation in a timely manner.

Minimal Stress

An experienced attorney from a national asbestos law firm will travel to meet their client and take on almost every aspect of the case, including determining where their client’s asbestos exposure occurred.

Mesothelioma Lawsuit Process

Hire a Mesothelioma Law Firm

Hiring a quality law firm is the first and most important step in filing a mesothelioma lawsuit. Your lawyer is responsible for almost every aspect of your case.

Get a Visit From Your Attorney

Victims can hire the best law firms in the country regardless of location, because top lawyers will travel to meet their clients. This meeting allows the lawyer to get to know the victim and begin the asbestos product identification investigation.

Lawyers Determine Exposure History

By thoroughly researching a patient’s exposure history, mesothelioma lawyers can determine which companies to file claims against. The most experienced law firms have been researching asbestos products for decades and possess a vast database of information about asbestos companies and to whom they were selling asbestos.

Possible Deposition

Usually, the most work a patient will do for their lawsuit is provide a video deposition. The deposition is a record of the plaintiff’s testimony to be used as evidence in the event their case goes to trial. The recording allows patients to testify without being present in court, as many are physically unable to attend a trial due to their cancer.

Most Mesothelioma Lawsuits End in Settlement

Lawsuits can seem overwhelming for many reasons, one being the stress of a drawn-out trial. Fortunately, most lawsuits involving mesothelioma are settled before the trial date.

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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 and 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 investigative and paperwork
  • Provides frequent updates on your case

A national law firm is more capable than local ones of fully investigating your claim to 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, both 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.

Common Questions About Mesothelioma Lawsuits

How Long Do Mesothelioma Lawsuits Take?

While it is impossible to anticipate the exact amount of time your mesothelioma lawsuit will take before it’s resolved, attorneys from a national law firm will likely get your case expedited and concluded in only 12 to 18 months, with some lawsuits resolved in as little as three months.

You Mentioned a Trial Date. Does That Mean My Case Will Go to Trial?

That is highly unlikely. Nearly all mesothelioma cases reach a settlement out of court. This is because many of the asbestos manufacturers have already admitted guilt — meaning the question is not whether they are going to compensate you but only how much.

Can I File a Lawsuit Against a Company That Has Filed for Bankruptcy?

Generally, no. Once an asbestos manufacturing company files for bankruptcy, they are legally protected from future mesothelioma lawsuits. However, you can still file with asbestos trust funds.

These companies were required to set aside funds for people that they unnecessarily exposed to asbestos. These funds are called asbestos trust funds, and an experienced mesothelioma attorney can identify and file with every trust fund established by the bankrupt companies that are responsible for your exposure.

How Much Money Will I Receive?

The compensation amount a victim receives depends on numerous factors, including whether their case goes to trial, is settled out of court or is against a bankrupt company that set up an asbestos trust fund. These factors make up your case value, which varies for each person.

How Will I Pay My Attorney?

You won’t have to pay any costs to hire an attorney, nor will you have to pay any legal fees during case proceedings or afterward. Top mesothelioma attorneys charge on a contingency basis. The lawyer will take a percentage of the compensation you are awarded so you never pay anything out of pocket.

How Long Do I Have to File a Claim?

Mesothelioma cases have a statute of limitations (SOL), meaning there is a limit to how long you can wait to file. Statutes vary based on where you live, where the exposure happened and several other factors. Some states have an SOL that is only one year from the date of diagnosis, so it is vital that you consult with an attorney immediately.

Can Veterans File for Compensation?

Yes. Veterans with mesothelioma can file simultaneously for both Veterans Affairs Disability Compensation and against the responsible asbestos manufacturing companies. Mesothelioma lawsuits are not filed against the military; they are filed against the negligent companies that sold dangerous asbestos products to the military.

Will I Be Part of a Class Action Lawsuit?

No. Mesothelioma cases are no longer filed as class action lawsuits. If you choose to file for compensation, your case will be handled individually.

Last Edited: December 4, 2020.

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