Who Can File a Mesothelioma Lawsuit?
Mesothelioma lawsuits are a type of product liability lawsuit that is filed to recover financial compensation from negligent companies that made asbestos products to help pay for treatments and other expenses. Your lawsuit must prove your mesothelioma diagnosis was caused by asbestos exposure.
Generally speaking, there are three groups of people who can file a mesothelioma lawsuit, depending on the circumstances of their case.
- Patients diagnosed with an asbestos-related disease like mesothelioma or lung cancer
- Family members of the person diagnosed
- Representatives of the victim’s estate
A mesothelioma lawsuit allows you to get financial justice and compensation from the makers of asbestos-containing products. Attorney Daniel P. Blouin explains why mesothelioma lawsuits are filed and the benefits of filing. Call us today at (866) 608-8933 to learn more. View Transcript.
Duration: 1 min 12 sec
A mesothelioma case is for a person who has suffered this terrible disease, and they will file suit typically against product manufacturers, property owners, sometimes employers, depending on the state law, for the breach of their duty. For them exposing our clients to asbestos through the sale of their product or through the delivery of their product. And when our client uses that product and is exposed, breathes the dust from that product. Asbestos is a dusty product that is ingested through the lungs in the breathing process and causes cell mutation and cancer. A mesothelioma lawsuit is seeking payment for the loss of enjoyment of life, the pain and suffering that a person is going through and will go through, and sometimes for their death. If you or a loved one have been diagnosed with mesothelioma, MesotheliomaHope.com and Simmons Hanly Conroy can help.
Mesothelioma Hope partners with a team of top asbestos attorneys who can determine when and where you were exposed to asbestos and which companies may be to blame.
Get a free legal consultation today to see if you’re eligible to file a claim.
Types of Mesothelioma Lawsuits
There are a few different types of lawsuits that can help patients and their families secure financial compensation for mesothelioma.
Mesothelioma Personal Injury Claim
This type of mesothelioma lawsuit is filed when the individual who has been diagnosed with an asbestos-related disease is still living.
The mesothelioma victim becomes the plaintiff (person filing the lawsuit), and the companies that manufactured the asbestos-containing products become the defendants (parties accused of causing the injury).
Personal injury compensation for mesothelioma is usually determined based on the victim’s age, the extent of their medical expenses, the number of asbestos companies named in the lawsuit, and other factors.
Mesothelioma Wrongful Death Lawsuit
Surviving family members and estate representatives of loved ones who have passed away from mesothelioma may be able to file a wrongful death lawsuit.
The court can designate anyone as an estate representative, but a spouse, adult child, or other family member is usually appointed.
If the mesothelioma victim dies before their personal injury claim is resolved, a family member or estate representative can continue the legal process on their behalf. Sadly, this happens often since most patients don’t receive a mesothelioma diagnosis until their cancer is in its later stages and harder to treat.
The requirements for filing a wrongful death lawsuit vary by state, so family members should speak with a mesothelioma lawyer to see if they are able to pursue justice for their loved one.
Call us now at (866) 608-8933 to schedule your no-obligation case review.
Mesothelioma Class Action Lawsuit
In a mesothelioma class action lawsuit, multiple victims with asbestos-related diseases can file a lawsuit together. If their case is successful, they all receive the same amount of compensation.
A class action suit allows a court to resolve numerous cases at once. However, most experts who specialize in mesothelioma litigation agree that class action lawsuits aren’t the best legal option for victims diagnosed with this aggressive cancer.
In the past, class action mesothelioma lawsuits have awarded mesothelioma patients much less compensation than personal injury and wrongful death claims. This is one of the main reasons this type of mesothelioma lawsuit is rarely filed today.
3 Reasons to File an Asbestos Lawsuit for Mesothelioma
Mesothelioma is a preventable disease with only one proven cause: asbestos exposure. The companies that manufactured asbestos-containing products hid the well-documented dangers of this substance from the public so they could continue to make a profit.
If you or a loved one were exposed to asbestos due to the negligence of these companies, you deserve to seek justice through a mesothelioma lawsuit.
Learn more about the benefits of filing a mesothelioma lawsuit below.
1. Get Compensation to Cover Your Medical Expenses
Patients diagnosed with mesothelioma need specialized medical care. Between surgeries, hospital stays, and monthly chemotherapy, it can cost more than $500,000 to treat mesothelioma.
Mesothelioma lawsuit settlements provide families with an average of $1 million to $1.4 million in financial compensation, according to Mealey’s® Litigation Reports.
Compensation from a mesothelioma cancer lawsuit can help pay for treatment and the unplanned expenses that Medicare and private insurance don’t cover, such as travel and transportation, lost income, and experimental medications.
2. Hold Asbestos Companies Accountable
The only known cause of mesothelioma is asbestos exposure. Many companies ignored the dangers of this deadly mineral for decades, placing more value on profits than on the public’s well-being.
These asbestos companies put millions of U.S. veterans, workers, and their loved ones in danger of developing mesothelioma and other illnesses.
Mesothelioma lawsuits can force manufacturers of asbestos-containing products to take accountability for their negligence.
3. Provide Financial Security for Your Family
Compensation from a lawsuit can ensure a stable future for your loved ones. If you or your family members have to take time off from work while you receive treatment, mesothelioma compensation can help supplement this lost income.
If the individual diagnosed with mesothelioma is the primary earner for their family, a successful lawsuit can help provide financial security for their dependents, ensuring their future needs are met.
“The financial freedom that came from filing a lawsuit was the one good thing that came out of something bad. It’s made the time I have left even better.”
— Pleural mesothelioma survivor Arthur “Art” Putt
See if you can pursue compensation for your family by scheduling a free legal consultation today.
Payout Amounts for Mesothelioma Lawsuits
In most cases, plaintiffs who file a mesothelioma lawsuit receive settlements without having to go to court. Mesothelioma settlements award an average of $1 million to $1.4 million. In the rare event that a case goes to trial, plaintiffs who win their cases receive between $5 million and $11.4 million on average.
The highest verdict in the history of asbestos litigation is $250 million, which our partner law firm secured for an Indiana steelworker who developed pleural mesothelioma.
Other notable mesothelioma lawsuit payouts recovered by our legal partners include:
- $60 million for a Navy veteran with pleural mesothelioma in Washington
- $34 million to a California auto mechanic for Ford Motor Company
- $30 million to a construction supervisor from California
- $15 million to the family of a New York construction worker
- $10 million for a longshoreman in Louisiana
- $8 million to a pipefitter/plumber from Texas
- $6 million to the family of a Missouri laborer
Mesothelioma settlements are a more efficient way to pursue asbestos compensation than trials. The average asbestos payout timeline allows many plaintiffs to start receiving money within 90 days.
Settlements are also less risky than trials because the outcome isn’t left to a judge or jury to decide.
In the first three quarters of 2022, juries awarded more than $177 million in total damages, with an average award of almost $18 million and a median award of $14 million, according to Mealey’s® Litigation Report: Asbestos.
Contact our team today to see if we can help you access payouts from a mesothelioma lawsuit.
Top Locations for Asbestos Exposure Lawsuits
After reviewing the facts of your case, an asbestos lawyer can determine the best state to file your mesothelioma lawsuit in.
An asbestos exposure lawsuit is not always filed in the state where you live. For example, a mesothelioma lawsuit is sometimes filed in a state in which an asbestos company conducted business or where your asbestos exposure occurred.
In April 2023, national consulting firm KCIC released its annual industry report stating that 3,550 asbestos lawsuits were filed in 2022. Of those, a total of 1,859 were mesothelioma lawsuits.
The chart below shows the top 5 jurisdictions with the most asbestos exposure lawsuits filed in 2022 based on KCIC data.
|Jurisdiction||Number of Lawsuits Filed|
|1. Madison County, Illinois||964 filings|
|2. St. Clair County, Illinois||443 filings|
|3. New York, New York||283 filings|
|4. Philadelphia, Pennsylvania||243 filings|
|5. Wayne County, Michigan||214 filings|
In early August 2023, KCIC released its preliminary report on asbestos legal filings for the first half of the year, which predicted a considerable increase in the number of asbestos lawsuits filed by the year’s end.
“2023 is on track to have between a 5% and 6% increase in [asbestos] filings compared to 2022.”
— KCIC Mid-Year Asbestos Filings Update, July 2023
How to File a Lawsuit for Asbestos Exposure
Although each case differs, most mesothelioma lawsuits follow the same legal process. Read more about the steps to file an asbestos cancer lawsuit below.
We are proud to partner with Simmons Hanly Conroy, one of the nation’s leading mesothelioma law firms. The firm’s caring and committed legal team can determine if you can file a lawsuit and guide you through every step of the process.
1. Case Evaluation
During your free case evaluation, a representative from our partner firm’s legal team can determine when, where, and how you were exposed to asbestos — and which companies may be responsible.
Your dedicated legal team will typically include experienced mesothelioma lawyers, investigators, paralegals, medical experts, and other support staff.
2. Filing the Mesothelioma Claim
If you qualify, your lawyer will file your mesothelioma claim after your free case evaluation. Your legal team will determine the best court system in which to file. Some courts may be more favorable to mesothelioma lawsuits than others.
KCIC estimated that 3,550 asbestos lawsuits were filed in 2022. That’s an average of almost 10 new claims per day.
3. Defendant (Asbestos Company) Response
The defendants (asbestos companies) will be notified once the court processes the lawsuit. Defendants generally have 30 days or less to file an answer to a complaint.
4. Discovery Phase
Your legal team will collect documents, photos, and historical records to prove the defendants were negligent and at fault for your asbestos-related disease.
Evidence gathered during the discovery process may include:
- Documentation of the asbestos-containing products you used
- Medical records associated with your illness
- Military service records, if applicable
- Witness statements
- Work history and related documents
5. Mesothelioma Settlement vs. Trial
Your lawyer will work with the lawyers from the asbestos companies to try to reach an out-of-court settlement.
Around 99% of mesothelioma lawsuits result in a settlement, which helps families get compensation faster.
Mesothelioma lawsuits that aren’t settled may go to trial. During a trial, both legal teams present their mesothelioma cases before a judge or jury that decides the winner through a trial verdict.
Your lawyer will pursue a settlement first and only go to trial if needed. Trials add a significant amount of time to the lawsuit process, and the defendant can later try to appeal a successful verdict.
See if you can file a mesothelioma lawsuit to help safeguard your family’s financial future. Request a free case review right now.
When Should I File a Mesothelioma Lawsuit?
You should file your mesothelioma suit as soon as possible. There are narrow statutes of limitations that set a deadline on how long you have to file your claim. Quickly consult with an experienced mesothelioma lawyer since this deadline varies for each state and can be as little as 1 year.
Filing your asbestos lawsuit as soon as possible can help you get the money you need to start specialized treatment, which is the key to becoming a mesothelioma survivor.
You should contact a lawyer even if you developed mesothelioma a long time ago. Lawyers can determine other ways you may be able to receive financial compensation.
Alternatives to Mesothelioma Lawsuits
In some cases, filing a lawsuit may not be the best option for mesothelioma patients seeking financial compensation. Fortunately, other financial options are available for victims.
Three alternatives to mesothelioma lawsuits include:
- Asbestos trust funds: Certain asbestos companies were court ordered to establish bankruptcy trusts to compensate people harmed by their products. Asbestos trusts contain over $30 billion in available compensation to help current and future mesothelioma victims.
- VA claims: About 1 in 3 people diagnosed with mesothelioma are veterans. If veterans developed mesothelioma from service in the U.S. military, they may be able to receive veterans benefits through the U.S. Department of Veterans Affairs (VA).
- Government programs: Mesothelioma patients may be able to access financial assistance through programs like Medicare, Medicaid, and Social Security Disability Insurance (SSDI).
Our team can recommend which options are best for your case. Get started by seeing if you can access asbestos trust fund compensation.
Find Out If You’re Owed Compensation
If you or a loved one were exposed to asbestos and developed mesothelioma, don’t wait to take action. You have limited time to file a mesothelioma lawsuit and hold asbestos companies accountable for their negligence.
Billions of dollars have already been set aside for victims, and filing a mesothelioma claim can help your family access some of this compensation without having to go to court.
Request a free case review today to learn more about taking legal action for mesothelioma.
Mesothelioma Lawsuit FAQs
Can you sue for mesothelioma?
Yes, you may be able to sue asbestos companies if you or a family member developed mesothelioma.
Millions of individuals were exposed to asbestos-containing materials in homes, military bases, ships, vehicles, schools, and offices. The companies responsible for manufacturing these materials can and should be held legally responsible.
What is a mesothelioma lawsuit?
A mesothelioma lawsuit is a type of legal action taken by someone with mesothelioma to seek compensation for medical costs and damages caused by the companies responsible for their asbestos exposure.
Mesothelioma asbestos lawsuits can also be filed by family members or estate representatives if the victim passes away before taking legal action.
How long does a mesothelioma lawsuit take?
Mesothelioma lawsuits can take 12-18 months to fully resolve. However, the greatest determining factor is typically whether the case settles or goes to trial.
A trial can take significantly longer to award mesothelioma compensation to the plaintiff. For that reason, most mesothelioma cases end in a settlement.
Based on the average payout timeline, lawsuits that settle out of court may begin awarding mesothelioma patients with compensation in as few as 90 days.
How do you win a mesothelioma case?
Winning a mesothelioma case involves proving that:
- Your mesothelioma diagnosis was caused by exposure to asbestos-containing products.
- The responsible manufacturers were negligent in preventing that exposure.
This typically requires gathering evidence and presenting a strong case either in settlement negotiations or a court trial. A mesothelioma lawyer can handle all of this for you to help ensure your case is successful.
Will I have to travel for my mesothelioma lawsuit?
No. Lawyers at national mesothelioma law firms can travel to you at your home or hospital room to gather evidence and testimony.
Most people never have to step foot in a courtroom as mesothelioma lawsuits usually settle out of court.
Experienced lawyers understand that mesothelioma requires intensive and time-consuming treatments. They will never ask you to travel if you are not healthy enough to do so.