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Mesothelioma Lawsuit

A mesothelioma lawsuit allows you to pursue financial compensation from asbestos product manufacturers for yourself or on behalf of a loved one. Most of these lawsuits settle out of court for between $1 million and $1.4 million. See if Mesothelioma Hope can help you access compensation through a lawsuit – it’s always free to speak with us.

Legally reviewed by: Melissa Crowe Schopfer

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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.

You may be able to file a lawsuit if:

  • You’ve been diagnosed with an asbestos-related disease like mesothelioma or lung cancer.
  • Your spouse, parent, or another loved one passed away from mesothelioma cancer.
  • You represent the mesothelioma victim’s estate.
What is a Mesothelioma Lawsuit? Video Thumbnail

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.

Key Facts on Filing a Mesothelioma Lawsuit in 2024

  • Deadline to file a lawsuit: 1-3 years after diagnosis based on the state
  • Average mesothelioma settlement: $1 million to $1.4 million
  • Average trial verdict: $5 million to $11.4 million
  • Payout timeline: Many families start receiving compensation within 90 days
  • Who’s eligible: Anyone diagnosed with a serious asbestos disease from direct or secondhand exposure

We’re proud to partner with Simmons Hanly Conroy, one of the nation’s leading mesothelioma law firms. They can help determine when and where you or a family member 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.

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  • Over $30 billion available
  • No cost to file a claim
  • Avoid going to court

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Types of Mesothelioma Lawsuits

There are a few different types of lawsuits that can help patients and their families secure financial compensation for mesothelioma.

A qualified mesothelioma law firm can explore each of these options with you during your initial consultation.

Mesothelioma Personal Injury Claim

This type of lawsuit is filed by the person who’s been diagnosed with mesothelioma.

The mesothelioma victim is the plaintiff (person filing the lawsuit), and the companies that manufactured the asbestos-containing products they were exposed to are the defendants (parties accused of causing their cancer).

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 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 lawsuit on their behalf.

Did You Know?

You may have as little as 1 year after a diagnosis or loved one’s death to file a mesothelioma lawsuit.

Patients or their family members should speak with a law firm as soon as possible to see if they may be eligible for compensation. Contact us now to schedule your free legal consultation.

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 the main reason why 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 Help Paying for Treatment & Out-of-Pocket Expenses

Patients diagnosed with mesothelioma need specialized medical care that may include surgeries, hospital stays, monthly chemotherapy, and prescription medications. The total cost of treating this cancer can reach upward of $500,000.

Mesothelioma lawsuit settlements provide families with an average of $1 million to $1.4 million in financial compensation, according to Mealey’s® Litigation Reports: Asbestos.

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, lodging, 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 people’s health.

These asbestos companies put millions of U.S. military veterans, workers, and their loved ones in danger of developing mesothelioma and other illnesses.

By filing a mesothelioma lawsuit, you can force manufacturers of asbestos-containing products to take accountability for their negligence.

“We filed a mesothelioma lawsuit to hold companies accountable. … I don’t know how these people slept at night, knowing they exposed workers to asbestos. They need to pay anyone who’s been affected by this.”

- Quote from John Stahl, 4+ year mesothelioma survivor

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.

A successful mesothelioma claim can also provide peace of mind that your spouse, children, and other family members will be taken care of should anything happen to you.

See if you can pursue compensation for your family by scheduling a free legal consultation today.

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  • Over $30 billion available
  • No cost to file a claim
  • Avoid going to court

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Payout Amounts for Mesothelioma Lawsuits

In almost every case, plaintiffs who file a mesothelioma lawsuit receive settlements without going to court. Mesothelioma settlements award an average of $1 million to $1.4 million.

In the rare event that a lawsuit 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 after handling gaskets, pipe coverings, and insulation made with asbestos.

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.

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.

Call us now at (866) 608-8933 to see if Simmons Hanly Conroy 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 where 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.

JurisdictionNumber of Lawsuits Filed
1. Madison County, Illinois964 filings
2. St. Clair County, Illinois443 filings
3. New York, New York 283 filings
4. Philadelphia, Pennsylvania243 filings
5. Wayne County, Michigan214 filings

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.

1. Legal Evaluation

During your free legal 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. Claim Is Submitted

Your lawyer will prepare all the documentation needed to submit your claim, whether you file a personal injury lawsuit or a wrongful death claim.

They will also determine where to file since some courts and jurisdictions may be more favorable to mesothelioma lawsuits than others.

“Our clients are very surprised at how easy the process is. We do all of the work. We know what’s needed. We know what we’re looking for. We want our clients to focus on their upcoming care and treatment.”

- Quote from Shara Fisher, Senior Paralegal at Simmons Hanly Conroy

3. Asbestos Companies Respond

The defendants (asbestos companies) will be notified once the court processes the lawsuit. Defendants generally have 30 days or less to file their response to a mesothelioma lawsuit.

In their response, the defendants’ lawyers can either propose a settlement or fight the lawsuit by refusing to admit fault.

4. Discovery Phase

Once the defense responds to your mesothelioma lawsuit, the discovery phase begins. Lawyers from both sides will request and gather information and evidence related to your case.

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 or Trial

Your lawyer will fight to reach a settlement with all of the asbestos companies responsible for your illness. This may involve multiple rounds of negotiations with each company’s legal team.

If a settlement can’t be negotiated, your case will go to trial, where your lawyer will present your case to a judge or jury.

Mesothelioma lawyers will always attempt to reach 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.

Download our Free Attorney Checklist to make sure you pick the right lawyer to handle your mesothelioma lawsuit.

Mesothelioma Attorney Questions Checklist
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When Should I File a Mesothelioma Lawsuit?

In most cases, it’s best to 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. 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.

“We were told to start the lawsuit process right away because there are so many bills. Financially, you just needed to do that.”

- Quote from Betty, wife of Dale, a mesothelioma patient and Simmons Hanly Conroy client

You should contact a lawyer even if you developed mesothelioma a long time ago. Asbestos lawyers can determine other ways you may be able to receive financial compensation.

Alternatives to Mesothelioma Lawsuits

There are other financial options besides mesothelioma lawsuits available for victims and families.

Asbestos Trust Funds

Certain asbestos companies were court-ordered to establish bankruptcy trusts to compensate people harmed by their products. Asbestos trusts currently contain over $30 billion for current and future mesothelioma victims.

See if you can access trust funds. Our team can file multiple claims on your behalf if you qualify.

VA Claims

Veterans who developed mesothelioma from service in the military may be able to get veterans benefits totaling nearly $4,000 per month as of 2024.

Veterans can seek additional compensation from a lawsuit without impacting their benefits. Neither the military nor the U.S. government will be sued.

Get Help Filing a Lawsuit or Legal Claim

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 been awarded to victims and their families, and filing a mesothelioma claim can help you pursue compensation without having to go to court.

Call our team at (866) 608-8933 or request a free case review today to learn more about taking legal action for mesothelioma.

Mesothelioma Lawsuit FAQs

What is a mesothelioma lawsuit?

A mesothelioma lawsuit is a type of legal action taken by someone with mesothelioma. The purpose of this lawsuit is to seek compensation for medical costs and pain and suffering caused by the companies responsible for their asbestos exposure.

Mesothelioma asbestos lawsuits can also be filed by family members or estate representatives if a victim has passed away.

Can you sue for mesothelioma?

Yes, you may be able to sue asbestos companies if you or a family member developed mesothelioma.

Millions of innocent people 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.

Mesothelioma Hope partners with one of the top asbestos firms in the country. Contact us right now to see if you have a case.

What lawsuits involve mesothelioma?

Lawsuits involving mesothelioma are typically product liability lawsuits filed against the manufacturers of asbestos-containing products who caused a victim’s cancer.

These lawsuits include:

  • Personal injury lawsuits: Individuals diagnosed with mesothelioma may file personal injury lawsuits against the companies responsible for their illness.
  • Wrongful death lawsuits: If a person passes away from mesothelioma, their surviving family members may file a wrongful death lawsuit against the responsible parties.

Who can file a lawsuit for mesothelioma?

Anyone who has been diagnosed with mesothelioma or has lost a loved one to this cancer may be eligible to file a lawsuit.

People eligible to file include blue-collar workers and veterans who were exposed to asbestos in industrial settings such as construction sites, shipyards, and factories, or those exposed secondhand, such as family members of workers who brought asbestos fibers home on their clothing.

Additionally, those who developed mesothelioma from exposure to asbestos-containing products like talcum powder or insulation material may also have grounds for filing a lawsuit.

How long does a mesothelioma lawsuit take?

Mesothelioma lawsuits take about 12-18 months to fully resolve. However, many victims start receiving settlement checks within 90 days.

A trial can take significantly longer to award mesothelioma compensation. For that reason, most mesothelioma cases end in a settlement.

Will I have to travel for my mesothelioma lawsuit?

No. Mesothelioma Hope can schedule your free legal consultation wherever it’s most convenient for you and your family. Once our legal partners determine you have a case, they can meet with you in person or remotely to gather evidence and testimony.

Most of the people we help never have to step foot in a courtroom since nearly all mesothelioma lawsuits 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.

Melissa Crowe Schopfer, Simmons Hanly Conroy AttorneyReviewed by:Melissa Crowe Schopfer

Partner, Simmons Hanly Conroy

  • Fact-Checked
  • Legal Editor

Melissa Crowe Schopfer is a partner at Simmons Hanly Conroy. Over the past 10 years, Melissa has worked on over 500 cases and recovered more than $100 million in settlements and trial verdicts on behalf of her clients. She has represented families impacted by mesothelioma and asbestos-related diseases in almost every state.

  • Asbestos Trial Team Leader
  • Practicing Attorney for 15+ Years
  • Has Recovered Over $100 Million
Jenna TozziWritten by:

Director of Patient Advocacy

Jenna Tozzi, RN, is the Director of Patient Advocacy at Mesothelioma Hope. With more than 15 years of experience as an adult and pediatric oncology nurse navigator, Jenna provides exceptional guidance and support to mesothelioma patients and their loved ones. Jenna has been featured in Oncology Nursing News and is a member of the Academy of Oncology Nurse & Patient Navigators & the American Nurses Association.

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References
  1. KCIC.com. “Asbestos Litigation: 2022 Year in Review.” Retrieved February 23, 2024, from https://www.kcic.com/media/2253/kcic_asbestos2022report.pdf

  2. KCIC.com. “2023 Mid-Year Asbestos Filings Update.” Retrieved February 23, 2024, from https://www.kcic.com/trending/feed/2023-mid-year-asbestos-filings-update/

  3. Mealey’s Asbestos. “Asbestos Verdicts & Settlements: January 2021 – December 2021.” Retrieved February 23, 2024, from https://www.lexislegalnews.com/articles/80615/asbestos-verdicts-settlements-january-2021-december-2021

  4. Mealey’s Asbestos. Retrieved February 23, 2024, from https://www.lexislegalnews.com/mealeys-asbestos

  5. Reports, S. (2019, December 19). Why big business can count on courts to keep its deadly secrets. Retrieved February 23, 2024, from https://www.reuters.com/investigates/special-report/usa-courts-secrecy-lobbyist/

  6. The United States Social Security Administration. (n.d.). Retrieved February 23, 2024, from https://www.ssa.gov/planners/disability/qualify.html

How We Can Help

Mesothelioma Hope is passionate about helping patients and families affected by this aggressive cancer. A mesothelioma diagnosis can be scary and isolating, but we’re here for you at every step. Hope is only a phone call away.

(866) 608-8933
Medical Guidance
  • Get a second opinion
  • Find a doctor or cancer center
  • Access clinical trials
  • Improve your quality of life
Financial Assistance
  • Access $30 billion in trust funds
  • File a mesothelioma claim
  • Increase your VA benefits
  • Apply for travel grants
Supportive Care
  • Find a support group or peer mentor
  • Get help with daily tasks
  • Explore respite care options
  • Navigate life post-treatment