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Mesothelioma Lawsuits


Written by Retired LCDR Carl Jewett


Fact Checked


A mesothelioma lawsuit can bring much-needed financial support and is often less stressful than most asbestos-exposure victims realize. If you are a victim of asbestos exposure, you should understand the process of filing a mesothelioma lawsuit.

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 mesothelioma lawsuit appears to be an unnecessary stressor, which is why many victims shy away from taking legal action regarding their disease. However, the companies that caused each victim’s asbestos exposure should be held responsible, and filing a mesothelioma 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 corporations. When handled by an experienced law firm, most mesothelioma lawsuits end in a successful settlement.

Benefits of Filing

Compensation and Damages

The main reason for filing a mesothelioma lawsuit is receiving mesothelioma compensation to cover financial instability caused by lost wages, medical costs and more 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 mesothelioma litigation usually isn’t dragged out compared to lawsuits that reach the trial phase. Patients who settle their cases often receive compensation in a timely manner.

Minimal Stress

An experienced attorney from a national 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.

Common Questions About Mesothelioma Lawsuits

How Long Do I Have to File a Mesothelioma 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. A mesothelioma lawsuit can take months of investigation to determine the liable party in your case. Therefore, you should hire a lawyer early to ensure they have sufficient time to work on your behalf.

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

For mesothelioma cancer lawsuits, that is highly unlikely. Nearly all mesothelioma cases are settled 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. Plus, it can be very expensive for an asbestos company to go to trial. Your attorney will still get you a trial date to create a deadline for the asbestos company you are filing against to settle. Therefore, the sooner your trial date, the sooner the asbestos company’s attorney will have to work out a settlement with your lawyer.

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, 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. Other factors to consider when estimating the value of a mesothelioma litigation claim include the number of different asbestos products the patient was exposed to, how many of the responsible asbestos companies are bankrupt, and how much each bankrupt company’s trust fund pays.

How Will I Pay My Mesothelioma 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 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 mesothelioma law firm will likely get your case expedited and concluded in only 12 to 18 months, with some mesothelioma lawsuits resolved in as little as three months.

Can Veterans File for Mesothelioma Compensation?

Yes. Veterans can file for both Veterans Affairs disability compensation and file against the responsible asbestos manufacturing companies simultaneously. Mesothelioma lawsuits are not filed against the military; they are filed against the negligent companies that sold dangerous asbestos products to the military. However, determining which companies sold asbestos to the military requires a mesothelioma law firm with experience in researching military exposures. If you are a veteran, you should ask any firm you meet with how much experience they have in handling cases involving military exposure.

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.

Mesothelioma Lawsuit Process

Hire a Mesothelioma Law Firm

Hiring a quality mesothelioma 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

Patients can hire the best law firms in the country regardless of location, because top lawyers will travel to meet their mesothelioma patients. This meeting allows the lawyer to get to know their client 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 mesothelioma 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 mesothelioma 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

Mesothelioma lawsuits can seem overwhelming for many reasons, one being the stress of a drawn-out trial. Fortunately, most mesothelioma cancer lawsuits 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 in mesothelioma litigation cases
  • Works on a contingency basis and doesn’t get paid until you do
  • Represents clients around the country and will travel to you
  • Minimizes stress for their clients by doing most of the work
  • Provides frequent updates on your mesothelioma cancer lawsuit

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 mesothelioma 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.

Last Edited: June 30, 2020.

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