Tag: Mesothelioma Lawsuit

What is a Mesothelioma Lawsuit

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What is a Mesothelioma Lawsuit

Asbestos Exposure Lawsuits

If you have been diagnosed with mesothelioma or lung cancer you may be entitled to compensation through asbestos trust funds or filing a lawsuit against all parties who may be responsible for your asbestos exposure including previous places of employment and products containing asbestos.

It is important to contact us for a confidential case evaluation so that you can begin your investigation and file your asbestos lawsuit immediately.

Our legal team is standing by prepared to assemble all the necessary information to achieve a favorable verdict or settlement, in addition, we will work to recover all asbestos trust funds available to you.

There are state statute of limitations laws which make it urgent for you to file your asbestos exposure lawsuit as soon as possible.

If your case is not filed within the time period set by the state you may be forever barred from pursuing compensation for your asbestos lawsuit.

There is the important evidence needed to prove your asbestos exposure lawsuit which will be gathered for the discovery process the most important of which being a health condition like mesothelioma or lung cancer linked to asbestos exposure.

Verifiable Diagnosis of Asbestos Exposure

Verifiable asbestos exposure includes a pathology report from an experienced professional medical specialist confirming the diagnosis of the presence of mesothelioma or lung cancer cells within your body.

Establishing the Source of Your Asbestos Exposure

The next step is proving the source of your asbestos exposure and establishing a matrix of all parties that may have been responsible for your asbestos exposure.

Your experienced asbestos exposure legal team is experienced to handle any set of circumstances leading up to a verifiable diagnosis of asbestos exposure. Contact us today to receive your free, confidential case evaluation.

Types of Asbestos Exposure Lawsuits

There are multiple types of asbestos exposure lawsuits based on the individual circumstance of the asbestos exposure, Please visit these pages to learn more details about each case type.

Primary Asbestos Exposure Lawsuit

Secondary Asbestos Exposure Lawsuit

Wrongful Death Asbestos Exposure Lawsuit

Class Action Asbestos Exposure Lawsuit

Compensation Obtained Through Asbestos Exposure Lawsuit
The legal team is able to obtain several types of compensation for asbestos exposure victims including:

Past and future medical expenses

Past and future lost wages

Pain and suffering

Emotional distress

Loss of consortium

Travel expenses

Home care

Funeral expenses

Punitive damages

To learn more about how our legal team can obtain compensation for asbestos exposure victims visit our asbestos exposure compensation items page for more information.

Time is Limited, Contact Mesowatch Now
State laws limit the time to file asbestos exposure lawsuits these are known as the statute of limitations.

It is important not to exceed the time legally allowed to file your lawsuit or you may be barred forever from filing a lawsuit to recover for your asbestos exposure injuries.

Please visit Statute of Limitations page here to learn more about your state’s statute of limitations period.

It is also important to contact us immediately since most asbestos exposure cancer take 10-40 years to develop in your body after exposure to asbestos.

The quicker your legal team can begin working on your case will allow for the most effective outcome of your case.

Your legal team will quickly establish which parties are responsible for your injuries, document the evidence, recover from all asbestos trust funds available, and achieve a beyond satisfactory amount of compensation quickly for your asbestos exposure damages.

If you or a loved one have been diagnosed with asbestos-related cancer, contact Mesowatch today. You will begin your case with a free, confidential evaluation and receive immediate assistance.

Our team of asbestos exposure lawyers are available now and will quickly pursue the maximum possible compensation for your losses from all potentially liable parties.

Mesothelioma Lawsuit – How to get Started?

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Mesothelioma Lawsuit

How to get started?

If you or someone close to you has been diagnosed with mesothelioma, you have probably heard or read about the possibility of obtaining financial compensation by way of a mesothelioma lawsuit. It can be difficult to navigate the maze of television commercials and websites to figure out how to get the process started.

There are really three simple steps to get started with a mesothelioma lawsuit:

– Presenting proof of a mesothelioma diagnosis;

– Providing information about asbestos exposure; and

– Choosing a highly experienced mesothelioma law firm.

I. Presenting Proof of a Mesothelioma Diagnosis

When contacting a law firm experienced in handling mesothelioma lawsuits, you will first need to present some proof of a mesothelioma diagnosis. The following records can be used to get the process started:

– Pathology report that states “mesothelioma”;

– Oncology medical record that states “mesothelioma”;

– Death certificate that states “mesothelioma” (if person is deceased).

Even though exposure to asbestos increases a person’s risk of developing mesothelioma, a person cannot file a mesothelioma lawsuit unless the person already has proof of a mesothelioma diagnosis. Law firms experienced in handling mesothelioma lawsuits have expertise in ordering medical records that may provide evidence of a mesothelioma diagnosis.

II. Providing Information about Asbestos Exposure

In order to file a mesothelioma lawsuit, the person diagnosed with the disease must have some information that would demonstrate prior exposure to asbestos. Generally, the best source of information as to a person’s asbestos exposure is the memory of the person who was diagnosed with mesothelioma or the person who worked with or around asbestos-containing products. A person can be exposed to asbestos from directly working with asbestos products (direct asbestos exposure), from working in the same area as others working with asbestos products (bystander asbestos exposure) or by laundering contaminated work clothing or otherwise having contact with clothing that is soiled with asbestos dust (take-home exposure). Law firms experienced in handling mesothelioma lawsuit also have documents and other information relating to asbestos exposures that occurred at many work sites where asbestos exposure was common.

III. Choosing a Highly Experienced Mesothelioma Law Firm

A mesothelioma lawsuit is not a simple case. You must have a law firm that is highly experienced in handling these cases. The firm must be knowledgeable about many areas, including: the many different ways that people can be exposed to asbestos, the many different products that contained asbestos, and the medical and scientific issues relating to the diagnosis and causation of mesothelioma.

You should find out information about the firm, including how long they have been handling mesothelioma cases, how many jury verdicts and settlements they have obtained, and whether they have received awards and recognitions for their work in these cases. Once you choose a highly experienced mesothelioma law firm, the firm can take the necessary legal steps to get your lawsuit filed and move the case toward settlement or trial.

Levy Konigsberg LLP has been successfully handling mesothelioma lawsuits for thirty-plus years. The firm’s founder, Stanley Levy, was one of the first lawyers in the Northeastern United States to file cases on behalf of those suffering from mesothelioma. The firm has won landmark jury verdicts in mesothelioma cases including the highest mesothelioma jury verdict ever upheld on appeal in the United States. The firm was recognized in 2013 by the U.S. News & World Report as “Plaintiff’s Product Liability Law Firm of the Year”. The firm also contributes to the fight to cure mesothelioma and has contributed more than $1 million for this cause.

Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.

Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.

Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.

IMPORTANT: If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:

– Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
Obtain maximum compensation in your case by being able to:
Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;

– File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.

NOTE: While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States. You are encouraged to contact us with any questions.

Class Action Lawsuits – Mesothelioma Lawsuit

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Class Action Lawsuits – Mesothelioma Lawsuit

Class Action Lawsuits

A class action is a lawsuit filed by claimants who sue on behalf of a large group of people who have been similarly harmed by the same defendants. Mesothelioma cases are no longer filed as class actions. Instead, claimants file individual personal injury lawsuits or wrongful death lawsuits.

In 2017 alone, more than 4,000 asbestos lawsuits were filed in the U.S., according to a KCIC industry report. Combining all those lawsuits into a single class action would not be good for the people filing them, because each asbestos-exposure case is so unique.

What Is a Class Action Lawsuit?
A class action lawsuit is a claim in which a group of people collectively bring a complaint to court. These types of lawsuits are filed against a defendant by one or more plaintiffs on behalf of a group of “similarly situated” people.

State and federal courts have their own procedural rules governing class actions. Most agree that the group must share similar injuries caused by shared circumstances that raise the same legal issues.

The court must determine that there are sufficient similarities and that separate lawsuits would be impractical or burdensome. Then it will certify the group as a class and allow them to litigate their case collectively.

Class action lawsuits involving mesothelioma and asbestos began surfacing in the late 1960s. At the time, the public had just become aware of the serious health hazards of asbestos exposure. Since then, judges have resorted to a number of procedural methods to manage asbestos claims that now number in the millions.

History of Mesothelioma and Asbestos Class Actions
U.S. District Court for the Eastern District of Pennsylvania
About 20 years after the first mesothelioma and asbestos class action lawsuits were filed, the number of cases grew to about 20,000.

As awareness increased and doctors diagnosed more people with mesothelioma, the number of claims escalated to 750,000 in another 20 years. Judges were aware of the overwhelming number of claims and the difficulty of managing so many.

In 1991, federal asbestos cases were consolidated in the U.S. District Court for the Eastern District of Pennsylvania for pretrial purposes. Multidistrict asbestos litigation continues to be heard in this court, and is known as MDL 875.

Quick Fact:
Mesothelioma class actions typically are filed against companies that knew the dangers of asbestos exposure but did not inform employees of the risks. Manufacturers and distributors of asbestos-containing products, mining and construction companies and shipbuilders are often named as defendants in these types of class actions.

Georgine v. Amchem Inc.
The presiding judge was expected to facilitate a global settlement between the major asbestos defendants and plaintiffs’ attorneys. That effort failed. A group of asbestos manufacturers and major plaintiff’s firms attempted to negotiate a settlement agreement. Not intending to go to trial, the parties filed a complaint, answer, joint motion to certify a class and a proposed settlement agreement for Georgine v. Amchem Prods., Inc.

Under the proposal in Amchem, the parties would seek to create a class solely for settlement purposes. Claims of unimpaired plaintiffs would be deferred and a payment matrix would be applied to other claims, including future asbestos claims.

The U.S. Supreme Court eventually ruled against class certification. The court ruled that it was inappropriate because the class of claimants was too large and had too many varied interests. In addition, common questions of law and fact did not predominate within the proposed class.

Ortiz v. Fibreboard Corp.
Since Amchem, federal courts have not favored asbestos class actions. In Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), the Supreme Court ruled against certifying an asbestos class action. State courts have generally been more willing to certify class actions than federal courts. Still, asbestos class actions are not common.

Deciding Whether to Participate in a Class Action
If you are asked to join an asbestos class action, remember that you can choose to join the class or “opt out” so that you can pursue your own lawsuit. You should consider hiring a mesothelioma attorney to advise you on your individual circumstances and legal options.

Out-of-Court Settlements
An out-of-court settlement is likely when a large group of claimants is involved. Any settlement is divided among thousands of claimants. This may be attractive to patients who wish to avoid a trial. But it is difficult to get several plaintiffs and defendants to reach agreement on legal issues. If the parties manage to reach an agreement on a class action settlement, the court must still approve the settlement terms.

Difficulties with Large Plaintiff Numbers
Class action members have less control over their cases than claimants who file separate lawsuits. Lawyers who handle class actions represent the interests of a large number of plaintiffs.

Attorneys for individual lawsuits can focus more closely on their client’s individual issues. Many asbestos claimants prefer to have more control over their cases and opt not to join class actions.

Mesothelioma Lawsuit Settlement Amounts

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Mesothelioma Settlements

Many people diagnosed with mesothelioma, or who have passed away because of this terrible disease, were diagnosed after working under unsafe conditions over which they had no control. Workers exposed to harmful asbestos for years on the job in construction, in the military, in shipyards, and in other industrial settings, without understanding or being aware of the risks, are now paying the price.

Decades after inhaling or ingesting asbestos dust and fibers on the job, some of these workers were diagnosed with mesothelioma. Many of them are now fighting for settlements to get fair compensation for the high costs of living with this devastating disease. The average mesothelioma settlement amount is around $1 million to $1.5 million, but the exact amount any victim can get depends on individual factors.

Asbestos and Mesothelioma Victims

Asbestos was used in many industries and as a component a wide range of different materials for several decades.  Until the mid-1970s, when regulations were put in place to limit its use and to require safer work environments, asbestos was heavily used in construction, shipbuilding, manufacturing, and other industries. Workers were most often not aware they were exposed or of the risks of working with asbestos.

Asbestos is known to be a human carcinogen, a substance that can cause cancer. The most common type of cancer diagnosed as a result of asbestos exposure is pleural mesothelioma, although it is rare in the general population. Mesothelioma is deadly, aggressive, and difficult to diagnose and treat; most victims don’t know they have it until decades after they were exposed to it. This kind of cancer affects tissue around the lungs and causes symptoms like difficulty breathing, coughing, and chest pains.

Many people who develop mesothelioma are considered victims because they were exposed to asbestos either without being aware of it or without knowing that there were risks associated with handling the material. Even family members of people who worked around asbestos were put at risk. Workers brought fibers of asbestos home on their clothing and exposed family. In some cases residents of neighborhoods near facilities that used asbestos were also exposed.

Mesothelioma Settlements Explained

A settlement is a legal agreement between two opposing parties that typically awards monetary damages to the individual who first brought the lawsuit against a defendant. The process of getting a settlement begins with a mesothelioma victim turning to an experienced lawyer to begin a lawsuit against the responsible party, in these cases the companies that exposed the victim to asbestos.

Asbestos exposure lawsuits rarely go all the way to a court trial. Instead they are typically resolved in a settlement, agreed on by both sides. If the two sides cannot agree on a fair settlement amount to be awarded to the victim, the case may go to court. Here, each side will argue the case and either the judge or a jury can choose to award a settlement amount or to decide in favor of the defendant.

Working with a Mesothelioma Lawyer

If you or someone in your family needs financial assistance to cover the costs associated with mesothelioma or other asbestos-related illnesses, it is important to work with an expert mesothelioma lawyer. This professional should have experience working on asbestos cases and be expert in asbestos laws in the state in which you will be filing.

With the right lawyer or legal team on your side you have the best chance of reaching a fair settlement with the company negligent in your asbestos exposure. While your lawyer will do most of the work, it is your role to provide all the necessary information that will build a strong case. You will be asked to share your medical records, work history, and any military experience.

Types of Compensation

The defendant in a mesothelioma settlement case may be forced to pay compensatory damages, punitive damages, or both. Punitive damages refer to compensation that the defendant must pay as punishment for being negligent, and to demonstrate to other potential offenders, that putting people at risk of asbestos exposure is costly.

Compensatory damages depend on a victim’s actual expenses related to being sick, and may cover a variety of expenses. They include past medical bills and future expected medical bills, actual lost wages, predicted lost future wages, physical pain and suffering, and emotional trauma. For the loved one of someone who passed away from mesothelioma, the compensation may include amounts to cover lost income for dependents, emotional pain and suffering, and loss of companionship.

What Affects a Mesothelioma Settlement?

There are several factors that go into agreeing on a settlement amount:

– How liable the defendant is
– The severity of the plaintiff’s illness and resulting disability
– The degree to which asbestos exposure impacted the plaintiff’s life or the family
– The exact costs the plaintiff incurred as a result of being sick
– Emotional suffering of the plaintiff or family
– Whether or not the plaintiff smoked
– Individual state laws
– Loss of companionship or monetary support in wrongful death cases

Settling out of Court vs. Going to Trial

If you are filing a mesothelioma settlement claim, you will have to choose whether you want to take an amount offered during an out of court settlement agreement or to let your legal team take it to trial. The latter can be risky because you must abide by the decision of the court. Your lawyer can give you expert council to help you decide, but ultimately the choice is yours. Many mesothelioma patients choose to settle out of court because trials are lengthy and time is limited with this disease.

Examples of Mesothelioma Settlements

More mesothelioma and asbestos cases end in settlements than go to trial. While everyone’s case is different, and individual factors influence settlement results and amounts, it can help to see what other victims have been able to win in their settlements:

– In Libby, Montana in 2011, one the most well-known mesothelioma cases, the judge-awarded a $43-million settlement to a group of plaintiffs. The victims included thousands of miners and town residents exposed to asbestos through a nearby vermiculite mine.

– In another 2011 case, victim Nancy Lopez was awarded a $10 million settlement verdict, approved by a Missouri circuit court judge. According to court documents, Lopez worked at the Jackson County courthouse in St. Joseph, Missouri, a building filled with asbestos. She died in 2010 from malignant mesothelioma. Lopez was part of a class action mesothelioma lawsuit brought about by numerous Jackson courthouse employees who were also exposed to asbestos. The total mesothelioma settlement for the class action suit was $80 million.

– The wife of a former steel worker in Illinois received a $250-million settlement in 2005. U.S. Steel, the company her husband worked for, was ordered to pay the amount. The former employee, 70-year-old Roby Whittington, was diagnosed with pleural mesothelioma in 2001, after of decades of asbestos exposure on the job. It’s one of the largest mesothelioma settlement awards given out for a single plaintiff.

A legal settlement is an important way that victims of asbestos exposure get needed compensation. They also get the satisfaction of the negligent company recognizing the harm it caused. Most people who develop mesothelioma were exposed to asbestos without being warned of the risks or the presence of the material. They were truly victims and are therefore owed compensation. If you have been diagnosed with mesothelioma, find the right lawyer who can help you win a settlement to help cover your costs and compensate you for being ill.

Are Mesothelioma Lawsuit Settlements Taxable?

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Are Mesothelioma Lawsuit Settlements Taxable?

Mesothelioma Explained prides itself in advocating for mesothelioma patients and their families. You should know that you are not alone in your fight against mesothelioma cancer.

People who file for a mesothelioma lawsuit settlement with a chance for a significant payout are interested to know if the claim will be taxable. Given the fact that more taxes are paid for a more substantial sum of money, they are concerned about the potential significant amount that may be taken out of this settlement. Fortunately, the majority of these settlements are tax-free, to a certain degree.

Taxation is complicated, and knowledge about what to do and what not to pay tax on can be the most complicated.  Several factors can tell if the victims will have to pay tax on the money they are awarded during a settlement. Severe physical injuries, such as herniated discs and broken bones may qualify under the personal injury statute. On the other hand, less severe injuries, such as cuts, bruises, and muscle strains may also be eligible. Based on the IRS training manual for lawsuits and settlements, people who suffer only emotional can exclude from income the expenses related to the emotional injury.

When a person is awarded damages for acquiring an injury during their work, which resulted in wrongful termination, he will not have to pay tax on the losses but for the wrongful termination. Also, there are two requirements needed to make the financial award at settlement to be tax-free. First, the award has something to be with any form of physical injury, in which illnesses are categorized as bodily injury. The absence of this means that the award will be taxed. Secondly, when at the heart of the damage a wrongful act has been done or failed to do, and that the action is directly responsible for the injury which means that when the victim acquired an injury during a dispute, the award will be taxed. However, if someone else pushed the victim over while in the course of an argument; the award will be free from tax.

Nevertheless, the majority of the people in a mesothelioma lawsuit are awarded punitive damages. The punitive damages are given apart from the actual damages certain situations. Punitive damages are punishment and also an award when the behavior of the defendant has been found to be extremely harmful, yet not usually awarded in the context of the breach of contract dispute.

Punitive damages are always taxable. It’s because punitive damage does not offer compensation for money that the victims have lost or by having to use it or not having the ability to earn it. They are categorized as above and beyond whatever claim would help the victim return to the normal state of life.

There is also the emotional distress that mesothelioma victims are also awarded for. By definition, it’s not a physical injury which means that no matter how distressed they become which leads to becoming ill, the award for this will be taxable. However, if it has a definite relation to a physical injury, then it becomes free from tax.

Get Help from The Best

For people who are facing health issues due to asbestos exposure, they should contact the top mesothelioma attorneys. As experts in this field, they can help the victims through the legal options from a compensation standpoint.

Mesothelioma Lawsuit After Death

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After Death Mesothelioma Claims | Family Members and Victims’ Rights

Thousands of companies have had to defend themselves from asbestos lawsuits. Some of these cases were brought by the family of a person who was diagnosed with mesothelioma or an asbestos-related illness, and passed away either before or during a lawsuit. People who are close enough to the deceased can file a wrongful death claim, provided they meet certain criteria.

An experienced attorney will educate you about your right to resubmit your lawsuit as a wrongful death suit. The laws for this process differ between states.

Wrongful Death Lawsuits: Statutes of Limitations

Time is of the essence when it comes to wrongful death lawsuits related to asbestos. Generally speaking, you have one to three years to make your asbestos claim. The amount of time you have to file depends on the state where you will file your claim.

Kazan Law’s History of Winning Wrongful Death Suits

In 2014 Kazan Law was recognized for obtaining the largest wrongful death jury verdict in all of California.. Representing Emily Bankhead, Tammy Bankhead, and Debbie Bankhead-Meiers, the widow and adult daughters of Gordon Bankhead, Kazan Law partner David McClain led our team to an $11.3 million verdict on behalf of the family. The defendant, Pneumo Abex, routinely exposed Mr. Bankhead to asbestos-containing brakes.

After Death Mesothelioma Claims: Who Can File a Wrongful Death Lawsuit?

Certain criteria must be met and the death itself needs to be the result of negligence or a wrongful act to file a wrongful death suit.

The ability to seek compensation for the death of an individual has evolved over time. In the past when a person was murdered or died at the hands of someone else’s negligence or wrongful act, you could not sue for damages. It was actually cheaer for the guilty party financially if the victim died as a result of the injuries, rather than having to pay for lifetime medical bills, lost wages, and pain and suffering compensation.

Seeing this problem with old law, governments established the right for people to sue for compensation as a result of a wrongful death. But the people who could bring the suit forward had to be close enough to the deceased that it made sense. An acquaintance or long lost cousin could not come forward and claim they deserved compensation for the death of a person they barely knew.

Legally speaking, you need to be eligible to file your suit. This is called “standing.” Below are some examples of the types of relationships that may permit a wrongful death suit.

– Husbands, wives, children (including adopted or step), mothers and fathers, sisters or brothers

– Grandparents are also included

– People who are financially dependent on the deceased (This varies by states. In California you need to be at least half financially dependent)

Asbestos companies knew long ago that the substance could lead to death and sickness. Exposing their employees or customers to asbestos can qualify as negligence or a wrongful act.

If you are an immediate family member or financially dependent on a person who has died from asbestos, you should talk with an experienced attorney about filing a wrongful death suit.

The Asbestos, Wrongful Death Lawsuit Process

In all asbestos-related cases, a good lawyer will conduct extensive research. This often starts with interviews with the potential plaintiff. We have our own team of investigators who are experienced in asbestos and have a comprehensive resource database. Kazan Law is aware of almost every company that has used asbestos, enabling our research process to be fast, efficient and accurate. Only at the conclusion of our research will we make an official legal recommendation on what you should do.

If we conclude that you should file a lawsuit and seek damages, we will file the claim. Determining which state to file in is not always straightforward. Generally the claim is filed where the asbestos victim lives or was exposed to asbestos. If there is another state where you could file the case and achieve better results, that state may be chosen.

Discovery is the next part of the lawsuit process. This where your attorney works to build the best case possible. He or she will depose the defendants and gather information about your work history, personal and medical history.

Defendants and their attorneys will make efforts to get the lawsuit dismissed before there is ever a trial. They may also attempt to lowball you on a settlement. Having one of Kazan Law’s experienced attorneys for the negotiation process will guarantee you get the compensation you deserve. Roughly 95% of mesothelioma and asbestos cases will end in settlements. The amount you receive is likely going to be the most significant financial event of your life. So it’s very important to carefully select the right law firm. Our mesothelioma law firm has secured multi-million dollar settlements and verdicts for our clients.

To see what legal options you have regarding a wrongful death lawsuit related to asbestos exposure, contact Kazan Law for a free consultation.

Mesothelioma Lawsuit

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After a mesothelioma diagnosis, it is natural for a person to focus only on their health. But if you or a loved one is diagnosed with an asbestos-related disease, you should consider contacting a mesothelioma lawyer immediately.

Mesothelioma is an almost entirely preventable cancer. Many companies who produced, distributed or used asbestos products knew of its dangers and failed to warn their employees. Filing a lawsuit can help those diagnosed with mesothelioma get the compensation they deserve.

A qualified mesothelioma attorney can help you decide whether to pursue a lawsuit and guide you through the process. The right asbestos attorney can help you file your claim before the statute of limitations expires. They will evaluate your case so you can receive the maximum compensation.

Most mesothelioma lawsuits never go to trial because they are settled out of court before the trial takes place.

Primary Types of Mesothelioma Lawsuits

Personal Injury Claims

A person diagnosed with mesothelioma can file a personal injury lawsuit against a company responsible for exposing them to asbestos.

Wrongful Death Claims

If a mesothelioma patient files a lawsuit but passes away before it’s resolved, their loved ones may be able to step in as plaintiffs. Family members may have the option to file their own wrongful death claims. This can provide compensation to assist with medical bills, funeral expenses and loss of income.

Common Questions About Mesothelioma Lawsuits

Q: How Long Does a Mesothelioma Lawsuit Take?

A: The legal process for an asbestos-related lawsuit depends on the health of the plaintiff. If you are in poor health, the entire process can be expedited. If there is no urgency, the process could take several months or longer. In either case, the defendant probably will try to drag out the process. Your attorney will work to resolve your case as quickly as possible. They will handle each step so you can focus on your health and spend time with your loved ones.

Q: Will I Need to Travel?

A: The location where you file can affect the length of the case process. Your attorney will help you choose the best jurisdiction for your case. It may be necessary to file outside the state where you live. You typically will not need to travel. Mesothelioma attorneys can often handle the entire case process and travel to you when necessary.

Q: How Much Do Mesothelioma Lawyers Charge?

A: Most mesothelioma lawyers work on a contingency fee basis. This means your attorney only gets paid if you agree to a settlement or win your lawsuit. When you settle or win a case, a percentage of the award will be paid to your lawyer. If not, you pay no attorney fees.

Choosing a Mesothelioma Attorney

The first step in a successful filing process is choosing an attorney. If you worked for a large corporation that closed or is bankrupt, funds were likely set aside to help pay medical and related expenses for mesothelioma patients.

A mesothelioma attorney is knowledgeable about these funds and will help you file a claim. In addition, a mesothelioma attorney is familiar with asbestos manufacturers and will determine who is responsible for your suffering.

When you talk to the asbestos attorney, be prepared to discuss past employment, health history and current health status. It is very important to hire a lawyer you feel comfortable talking to.

Mesothelioma Lawsuit Process

While everyone’s case is different, there are certain steps that apply to nearly everyone who files an asbestos-related lawsuit. Your attorney will handle each of these steps and explain the process along the way.

For the most part, mesothelioma lawsuits follow these steps:

Preparation

Your attorney will gather information about your history of asbestos exposure to determine who is responsible for your condition and where to file your lawsuit. You may be eligible to file your lawsuit in more than one jurisdiction.

Filing

Your lawyer must file a written complaint with a court to start the legal process. Your attorney will prepare and file this document. For your case to move forward, your complaint must follow different court rules on how the document is written and the details it provides about your claim. An experienced attorney will be familiar with these rules and use this knowledge to help present your claims to the court.

Responses

Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time — usually 30 days — to respond. Because many years have likely passed since your asbestos exposure, the responsible company could now be a different company or could be bankrupt. It may take some time to locate and provide the appropriate people with your complaint. Your attorney will oversee this process. Defendants rarely admit fault. They most likely will deny your claims and argue that your complaint is not valid or that someone or something else is responsible for your exposure to asbestos. They may even claim that your condition is not related to asbestos exposure. Don’t worry. This is normal. Your attorney will reply to each defendant’s responses.

Discovery

Lawyers on both sides gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information will become the evidence used at trial. Discovery may take several months, but if you are very sick, your attorney can ask the court to speed the process along before your condition worsens. The defendant’s lawyers will look for evidence that something or someone else caused your illness. They will demand personal information about you such as your medical history, work history and information about your personal habits. They may also seek information from your loved ones, doctors, co-workers and former co-workers. You probably will need to participate in a videotaped deposition. If so, you will answer questions under oath from the defendant’s lawyer. This process may take a few hours or several days, but it often can be performed from the comfort of your own home. Your attorney will prepare your responses to any written questions and document requests. Your lawyer will also go over likely deposition questions with you in advance and assist you during the deposition. In addition to helping you respond to discovery requests, your lawyer will make similar demands for information supporting your claim that the defendant negligently exposed you to asbestos.

Settlement

Before a trial starts, a defendant may offer to resolve the case by offering you money. If you decline the settlement offer, it’s possible the defendant will make another offer during trial. Your attorney will negotiate on your behalf. Mesothelioma settlements vary on multiple factors and can influence your decision whether to go to trial.

Trial

The trial process varies depending on where you file a claim. In many cases, it is not necessary for you to appear in court. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the trial.

Appeal

If you win the trial, the defendant may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days. This will delay any monetary award, but the defendant will need to post “bond” for the amount awarded while the appeal proceeds. If the defendant loses its appeal, you will start receiving payments. If the appeal is successful, the defendant may end up paying a smaller amount or nothing at all. An appeals court generally accepts any facts the trial judge and jury found to be true. Usually the only thing an appeals court decides is whether the trial court correctly applied the law to the case. If a mistake was made that affected the result of the trial, the appeals court may order a new trial. Sometimes the appeals court can just correct the mistake without a new trial such as when the amount of the award was calculated incorrectly. If your case is appealed, your attorney will be available to explain the process to you.

What to Expect from Defendant Responses

Once you file your claim, be prepared for defendants to deny fault for your medical condition. They may allege that

– Smoking, drinking or drug use caused your health problems.

– Your family history shows significant health problems among relatives.

– You worked at other places where asbestos was a bigger problem.

– You have not been properly diagnosed by a medical professional.

– The petition was not filed correctly, even if it was filed on time.

– Exposure to asbestos and other toxic substances happened at home or elsewhere, not just at work.

– You do not have the authority to file a wrongful death lawsuit on behalf of the deceased.

– Your medical condition is not related to asbestos exposure.

Don’t take these allegations to heart; just let your attorney handle them. Defendants may also include a settlement request in their response, but this is rare. Companies may be willing to settle right away in order to avoid a lengthy and costly lawsuit. However, this first settlement offer may be very low. Expect to wait until closer to trial, or even during the trial itself, to receive a reasonable offer.

History of Asbestos Litigation
Asbestos litigation is considered the longest-running mass tort in U.S. history, dating to the late 1960s.

1964
Doctors Prove Asbestos Causes Lung Damage & Disease
The medical findings of Drs. Irving J. Selikoff, Jacob Churg and E. Cuyler Hammond proved conclusively that asbestos caused lung damage and disease.

1965
Tort Laws Pave Way for Asbestos Litigation
A 1965 publication by The American Law Institute of the Restatement of the Law of Torts stated in section 402A that anyone “who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is liable for the harm caused by that product to the consumer or end user.” It also explained this would not include unsafe products as long as they were “accompanied by proper directions and warning.” The court decided asbestos manufacturers knew the dangers of asbestos exposure but failed to appropriately warn asbestos workers. This opened the floodgates for asbestos-related lawsuits.

1966
First Asbestos Products Lawsuit Filed
Claude Tomplait was diagnosed with asbestosis in July 1966. Attorney Ward Stephenson filed the first asbestos products lawsuit on Tomplait’s behalf in December 1966. The defendants were 11 manufacturers of asbestos insulation products, including Johns Manville, Fibreboard Paper Products and Owen Corning Fiberglass. The case went to trial on May 12, 1969. The verdict came a week later, and it was in favor of the defendants.

1969
Borel v. Fibreboard Paper Products
In October 1969, Stephenson represented one of Tomplait’s co-workers, Clarence Borel. He developed an advanced case of asbestosis while working in the shipyards and oil refineries along the Texas-Louisiana border. Stephenson once again filed a lawsuit, seeking $1 million in damages, against numerous asbestos manufacturers across the U.S. This time, the result was different.

Borel v. Fibreboard Paper Products Corporation was decided for the plaintiff in 1973 in the amount of $79,436. Unfortunately, Borel never heard its final disposition from the U.S. Court of Appeals, Fifth Circuit. He died of mesothelioma in June 1970.

1980 – Present
Asbestos Tort Litigation Continues to Grow
Buoyed by the success of Borel v. Fibreboard, asbestos workers chose to use tort litigation to obtain compensation for their injuries. Although there is no national registry for asbestos personal injury claims, independent reports show asbestos litigation has grown significantly in the U.S. during the past several decades.

The RAND Institute for Civil Justice began analyzing asbestos litigation in the early 1980s. Approximately 730,000 people in the U.S. filed compensation claims for asbestos-related injuries from the early 1970s through the end of 2002. It cost businesses and insurance companies more than $70 billion.

The total number of companies sued jumped from 300 to 8,400 between 1982 and 2002.

As of 2013, the number of asbestos defendants had grown to more than 10,000 companies. A 2016 report from Kansas City Industrial Council showed there were 4,465 unique filings in 2015. An average of 69 defendant companies were named in each lawsuit.

The highest number of companies named on one complaint was 361, while only 12 lawsuits named one defendant.

Notable Asbestos Lawsuit Verdicts

Hundreds of thousands of people have filed mesothelioma lawsuits to seek compensation from companies that negligently exposed them to asbestos. Compensation from lawsuits helps reduce financial hardships during an illness and provide a more stable future for loved ones.

$250 million
A retired U.S. Steel worker from Indiana won a 2003 mesothelioma trial after alleging U.S. Steel was responsible for exposing him to asbestos insulation for decades. The company was expected to appeal the $250 million verdict, but instead settled out of court for an undisclosed amount.

$115 million
In 1998, a Texas jury awarded $115 million to 21 steelworkers. They developed asbestosis while working around an asbestos-containing grinding wheel at an Alabama steel mill. The grinding wheel manufacturer, Carborundum Company, was ordered to pay $100 million in punitive damages.

$48 million
In 2012, a jury awarded $48 million to construction worker Bobbie Izell. He was exposed to asbestos on construction sites in the 1960s and 1970s and diagnosed with mesothelioma in 2011. Construction remains one of the top professions for asbestos exposure.

$18.6 million
A Dallas County jury awarded $18.6 million in 2014 to the family of a tire builder who died of mesothelioma. The employee was repeatedly exposed to asbestos over 30 years while working with Goodyear Tire & Rubber Co. machines at a plant in Tyler, Texas.

What Should You Expect from a Mesothelioma Lawsuit?

Although most mesothelioma lawsuits follow a similar process, every case is different.

Results depend on your history with asbestos exposure, the state where the lawsuit is filed, your medical history and other factors.

Going to trial is rare. Even if a case does go to court, you may not be required to appear.

Settlements and trial verdicts vary depending on the case. While verdicts may produce more compensation, settlements typically award claimants quicker. This can help pay for cancer treatments and other bills.

An experienced mesothelioma attorney can simplify the process and build your case so you and your family can get the compensation you deserve.