Mesothelioma Lawsuits

There are two primary types of mesothelioma lawsuits: personal injury and wrongful death claims.  A mesothelioma lawsuit can provide victims and their families with monetary compensation for a mesothelioma diagnosis or death.

Trial verdicts average $2.4 million in awards for patients and families. Specifically, as a patient or family member, you can file a claim against negligent parties due to asbestos exposure, whether at work, home, or elsewhere.

The Main Types of Mesothelioma Lawsuits

If your family is facing the burden of an asbestos-related disease, a mesothelioma lawsuit may be the right path to choose due to occupational or environmental exposure to asbestos.

The type of lawsuit filed may vary based on several factors, including who is filing the claim and what kind of monetary compensation they wish to pursue.

Your mesothelioma lawyer can help you to learn more about your legal rights and options in this regard. 

As noted above, there are two primary types of asbestos lawsuits, which are as follows:

Filing a Personal Injury Lawsuit for Mesothelioma

A person who is diagnosed with an asbestos-related disease may file a personal injury lawsuit against the companies responsible for causing their asbestos exposure.

Liability in asbestos cases is typically due to the company’s failure to warn consumers and employees about the serious risks associated with inhaling asbestos fibers. 

Damages that may be awarded in a personal injury lawsuit include money for travel, accommodations, treatment, pain, and suffering, lost income, and related expenses.

Filing a Wrongful Death Lawsuit for Mesothelioma

Wrongful death lawsuits are filed by family members following the death of a loved one due to an asbestos-related disease. These cases are filed against one or more companies responsible for exposing the deceased victim to asbestos.

Keep in mind that if a mesothelioma patient files a personal injury lawsuit but passes away before the case is resolved, the deceased patient’s estate may pursue the wrongful death claim.

The damages arising out of a wrongful death lawsuit may include costs for medical treatment, funeral costs, lost income, loss of the relationship (known as consortium), and related expenses.

Additional Types of Mesothelioma Lawsuits

In addition to the individual lawsuits discussed above, there are also class action and multidistrict asbestos litigation cases, each explained below:

Class Action Lawsuits

A class-action case is filed by one or more plaintiffs on behalf of a group of similarly situated individuals. What this means is that all of the individuals included in the class were harmed similarly by the same defendant.

In this type of lawsuit, the presiding judge hears only one case that represents the interests of the entire class.

While class action lawsuits were an efficient way to hold negligent companies liable for causing harm to their victims, they are becoming increasingly rare. Specifically, individual lawsuits have proven more successful in asbestos-related cases.

Multidistrict Litigation (MDL)

In an MDL, numerous people file individual asbestos-related claims in a special court that is created within a certain district of the United States federal court system. One or more judges are assigned to the cases that are included within that designated area.

The Judicial Panel on Multidistrict Litigation oversees the MDL system and ensures that claims are processed efficiently. In particular, MDLs involve a standardized procedure that allows courts to quickly handle many asbestos-related cases.

The primary MDL involving mesothelioma is MDL 875, In re: Asbestos Products Liability Litigation. MDL 875 is managed by the United States District Court for the Eastern District of Pennsylvania (EDPA) and is the largest and longest-lasting in United States history.

Currently, there are nearly 187,000 cases in the MDL. A notable example of an MDL case is the claim against Johnson & Johnson, which resulted in a $2.1 billion judgment to compensate 22 women claiming they developed ovarian cancer after using baby powder products containing talcum.

Ultimately, an experienced mesothelioma attorney can meet with you to discuss your situation and options for pursuing a claim.

Other Forms of Mesothelioma Compensation for Asbestos Exposure

Aside from seeking damages through a lawsuit, your options for compensation may also include asbestos bankruptcy trusts, Social Security disability benefits, private health insurance, workers’ compensation, Medicaid or Medicare, or filing a claim with the Department of Veteran’s Affairs.

A seasoned mesothelioma lawyer can help you determine whether you qualify to receive any of these additional sources of compensation.

Why Should You Pursue an Asbestos Exposure Case?

A diagnosis of mesothelioma can cost families thousands of dollars in lost wages, medical expenses, and other related costs. An asbestos lawsuit may result in a damages award to cover many of these expenses.

Keep in mind that the average trial award in asbestos-related cases is approximately $2.4 million and the average settlement amount is about $1 million.

Pursuing a lawsuit may be the best answer for mesothelioma victims and their families to compensate them for long-term care costs such as medical treatment and regular follow-up care.

While health insurance companies often cover costs associated with medical treatment, they typically do not approve coverage for a mesothelioma patient’s financial losses. When determining the appropriate monetary award in a mesothelioma lawsuit, past, and future expenses will be considered.

As noted above, asbestos lawsuits may provide financial compensation for the following:

• Medical treatment not covered by health insurance
• Travel expenses and accommodations
• Pain and suffering associated with a mesothelioma diagnosis
• Funeral expenses and end-of-life decisions
• Lost income
• Therapy and group support
• Caregiver costs
• Loss of consortium (the non-economic loss of your relationship with the victim)
• Punitive damages, if the liable party is excessively negligent, intentional or malicious

In addition to providing compensation to asbestos exposure victims, mesothelioma lawsuits also hold companies accountable for their negligence.

By filing a mesothelioma lawsuit, you may set a precedent to help future claimants receive the compensation they need and deserve from companies engaging in negligent and wrongful misconduct.

Further, holding these companies accountable may encourage the development of safer alternatives.

Overall, the choice to file an asbestos lawsuit is yours. A skilled asbestos attorney can help you to determine what the best option is in your case. If you choose to file an asbestos lawsuit, you will need to satisfy certain requirements. The criteria may vary depending on the type of lawsuit you pursue.

Do You Meet the Criteria for Filing a Lawsuit for Asbestos Exposure?

You may be eligible to file an asbestos lawsuit if you and your mesothelioma lawyer:

• Have medical documentation to substantiate your asbestos-related diagnosis, including medical reports from the place where you or a loved one received treatment;
• Submit your claim within the time frame set by the statute of limitations, as discussed more fully below; and
• Submit compelling evidence to the court establishing that the defendant exposed you to asbestos. Such evidence may include, without limitation, employment records and testimony about your asbestos exposure.

Deadline to File – The Statute of Limitations & How it Impacts Eligibility

In an asbestos case, the statute of limitations is a state-specific time deadline that governs how long a person or their loved one has to file a personal injury or wrongful death claim.

Specifically, the statute of limitations on mesothelioma claims begins to run on the day of diagnosis for a personal injury lawsuit or at the time of death for a wrongful death lawsuit.

This means that if the statute of limitations for your state is two years for a mesothelioma personal injury claim, you must file your lawsuit within two years of the diagnosis. 

The majority of the statute of limitations for mesothelioma claims falls within one or two years, however, some may reach up to six years in certain cases.

A victim of an asbestos-related disease is eligible to file a lawsuit if they do so before the statute of limitations has lapsed. A mesothelioma lawyer can help you determine your specific timeline to file your claim.

Who is a Typical Plaintiff in an Asbestos Lawsuit?

A typical plaintiff in a mesothelioma lawsuit is one who:

• Used asbestos-containing materials while serving in the military.
• Worked at construction or demolition sites, or in power plants, chemical plants, oil rigs, auto repair shops, shipyards, fire departments, ships, and other worksites containing asbestos products.
• Lives or used to live near an asbestos mine or talc mine.
• A family member of an individual who worked in an environment containing asbestos and brought asbestos fibers home on their clothing, shoes, in their hair, or on their skin (this is known as secondary exposure).
• Used consumer products that contain asbestos, such as caulk and talcum powder.
• Was exposed to asbestos in a building such as a school or home.

How to File an Asbestos Lawsuit with a Mesothelioma Attorney

The process for filing a mesothelioma lawsuit begins by meeting with an asbestos attorney and gathering all the information necessary to build your case. A lawyer will guide you throughout the legal process, providing support and highly skilled representation.

By filing a lawsuit, you (the plaintiff), may be able to receive a significant amount of monetary damages to cover your losses. 

In light of the above, the following provides the necessary steps in filing an asbestos lawsuit:

Step 1 – Find a Mesothelioma Attorney that is Suitable For Your Case

If you were diagnosed with an asbestos-related illness, it is crucial to find an attorney who is best suited to represent your interests and legal rights in an asbestos lawsuit.

Each asbestos trial lawyer is unique, which is why you should hire one that connects with you, and has the expert skills and experience necessary to match the details of your case.

Keep in mind that a lawyer is like a specialist; they should be knowledgeable about your work history and other factors that are specifically tailored to your case.

Step 2 – Meet With an Attorney During a Confidential Consultation

Before filing an asbestos lawsuit, many asbestos law firms will provide you with a free and completely confidential consultation to discuss your legal rights, options, and any concerns you may have.

The consultation also provides your law firm the opportunity to gather information such as your medical diagnosis, work history, how you may have been exposed to asbestos, and other relevant information to your specific case. 

When choosing to hire a mesothelioma law firm, it is vitally important that the firm has extensive knowledge, resources, and a track record of success in handling asbestos lawsuits.

Specifically, deciding which law firm is suitable in your case can take the stress out of pursuing your legal options on your own and enable you to focus on your health and other personal needs. 

Step 3 – Conduct Research Detailing Your Mesothelioma Lawsuit

Once the initial consultation is complete, your asbestos lawyer will begin to gather data. This information will help you prove your asbestos exposure. To build a strong mesothelioma claim, your lawyer will help you collect the following required information:

• Records about your employment history: obtaining records from the jobs where you were exposed to asbestos is critical for building the strongest case possible. This may include union memberships, military service records, or any other documentation about your work history.
• Medical records: medical records verify your mesothelioma diagnosis as well as all treatment costs. These records should come from the healthcare facilities where you received treatment associated with your diagnosis.
• Statements from witnesses: statements from friends, family members, and coworkers may help prove your asbestos exposure. Additional parties such as product identification specialists may also provide compelling evidence in your case.

Before filing a lawsuit, it is critical to decide which state (known as a venue) is appropriate to file your claim. Factors that affect which state is appropriate in your case to include, without limitation, the following:

• Local and state laws
• Verdict history and settlement
• The applicable statute of limitations

Plaintiffs in asbestos cases may pursue a mesothelioma lawsuit where they have worked, lived, or served in the military. 

Keep in mind that there are also “open forum” states, which allow people to file in that state if there is no other appropriate venue. Your asbestos lawyer can help you decide which state is best to file your case.

Step 4 – Filing a Lawsuit

After conducting the necessary research and deciding where to file your case, your mesothelioma lawyer will draft a written complaint and file it with the court of your jurisdiction to begin the litigation process.

Complaints in asbestos-related cases often provide many different causes of action against the companies responsible for causing your mesothelioma. 

Step 5 – Responses to Your Complaint

Every defendant in your case will be served with a copy of your complaint. Keep in mind that they typically have a certain amount of time to respond to your complaint, which is usually 30 days.

In this phase of an asbestos case, you may initially get concerned with the response. This is because, at the beginning of a case, defendants rarely admit that they are at fault for causing your asbestos-related disease and file counterclaims to challenge your case.

They most often try to deny your claims and assert that someone else caused your exposure to asbestos or that your complaint is not valid. 

In mesothelioma cases, defendants often allege as follows:

• You have a genetic predisposition to mesothelioma or other forms of cancer.
• You were employed at other places where asbestos exposure was a serious problem.
• You smoke, drink, or use drugs that contribute to your health problems.
• Your asbestos exposure occurred at home or elsewhere and not at your job.

Asbestos companies may also dispute the qualifications of the healthcare provider who diagnosed you or the accuracy of your diagnosis. While this can be concerning for you, a seasoned mesothelioma lawyer can challenge these counterclaims on your behalf.

Step 6 – The Discovery Phase

Once you file your lawsuit, the discovery phase of your case begins. During this important step, your attorney and the defendant’s attorney will present information to each other supporting their side of the legal matter.

Specifically, both parties in the case will likely file several different motions, often intending to reach a monetary settlement before the case goes to trial. They may also ask the other side to answer written requests (known as interrogatories), produce documentation, and witness or answer questions under oath (known as depositions). Some of this information may be used as evidence at trial.

Step 7 – Mesothelioma Settlements

Before a trial begins, defendants may attempt to offer you money to resolve the case. Settlements in mesothelioma cases depend on several different factors and can help you decide whether or not going to trial is appropriate.

If you choose to reject their offer, your attorney can negotiate a more appropriate settlement amount.  Keep in mind that the average settlement in an asbestos case is about $1 million.

Step 8 – Trial

Proceeding to trial in a mesothelioma case is rare because most cases settle before trial. Even if a case goes to trial, you may not be required to appear. The chance of your trial being successful depends upon the state where you filed your claim, your history of asbestos exposure, your medical history, and other important factors.

If you prevail in your case, you may start receiving payments shortly after the verdict is made, however, this depends upon the facts and circumstances of your case.

Step 9 – Appeal

If you win your case, the defendant may decide to file an appeal. The time to file an appeal is limited and is usually between 30 and 180 days from when the verdict was rendered in your case.

Keep in mind that this will delay your receipt of payments, however, defendants will be required to post a “bond” for the monetary award while the appeal of the case is pending.

Note that you will start to receive payments if the defendant loses their appeal. If the defendant prevails in appealing your case, they could end up paying you a much smaller amount or quite possibly, nothing at all.

Noteworthy Jury Awards in Mesothelioma Cases

As noted above, the average jury award is about $2.4 million. However, some juries award even higher amounts. Some examples include:

• In March 2019, a California jury awarded $25 million to an individual diagnosed with testicular mesothelioma who was an employee of an oil refinery. The court held the construction companies and the oil refinery accountable for violating safety standards and acting as a major cause of testicular mesothelioma. 
• In November 2018, a jury awarded $30.2 million to a 65-year-old man, diagnosed with mesothelioma due to exposure to asbestos while working as a construction supervisor.

Common Questions About Mesothelioma Lawsuits