Mesothelioma Lawsuit

Mesothelioma patients have legal rights against companies that exposed them to asbestos. This includes filing lawsuits seeking payment from asbestos companies. Compensation from successful mesothelioma lawsuits averages over $1 million.

Asbestos lawsuits are complex legal actions, but experienced lawyers are available at mesothelioma law firms. These lawyers can gather evidence, file lawsuits and argue on behalf of their clients.

Considering Filing a Mesothelioma Lawsuit

Filing a mesothelioma lawsuit begins with talking to a mesothelioma lawyer. If you decide to pursue a lawsuit, your lawyer can file it on your behalf. After hearing such a devastating diagnosis, understandably most want to focus on their health and receiving the best treatment possible. Unfortunately, any cancer diagnosis is expensive, and mesothelioma is no exception. Diagnosis, treatment, travel, loss of income and more can be a huge financial drain on patients and families.

Starting the mesothelioma litigation process can seem daunting, especially when going through treatment or mourning the loss of a loved one lost to mesothelioma cancer. Each state has laws called statutes of limitations that set deadlines for filing mesothelioma lawsuits. Victims usually have 2 – 3 years after a diagnosis or death to file.

Types of Mesothelioma Lawsuits

In general, there are two main types of mesothelioma lawsuits: personal injury lawsuits or wrongful death lawsuits. The type of legal claim filed depends on who is filing, whether it’s the mesothelioma patient or surviving family members.

• Personal injury lawsuit: Mesothelioma patients file this type of lawsuit against the companies alleged to have caused the asbestos exposure that led to their diagnosis.
• Wrongful death lawsuit: Families file this type of lawsuit against companies alleged to have caused the asbestos exposure that led to the death of their loved one.

The statute of limitations varies by state for personal injury claims and wrongful death claims, so it’s important to discuss your options with an experienced mesothelioma attorney as soon as possible.

Ways of Organizing Mesothelioma Lawsuits

Asbestos victims may be aware of different ways of organizing mesothelioma lawsuits, like consolidating cases into a class action. For legal and strategic reasons, almost all mesothelioma lawsuits are individual cases. Class actions and multi-district litigation are currently extremely uncommon.

Mesothelioma cases have a dedicated MDL at the federal level, called MDL 875. It has handled over 186,000 cases, but it is not currently a popular place to file. Almost all mesothelioma lawsuits are filed at the state level.

How to File a Mesothelioma Lawsuit

Every mesothelioma lawsuit is different, but there are some general stages that are common to each case. Your lawyer will be able to advise you about any changes based on your individual situation.

Consultation: Before filing an asbestos lawsuit your lawyer will offer a free analysis of your case and explain the various parts of the process to you. You will be able to ask questions and express any concerns you might have about the legal process during this conversation. At the end, you will be able to choose whether or not to pursue a lawsuit.

Research: Once you have decided to pursue a mesothelioma lawsuit, your legal team will go into research mode, using all of the knowledge, experience, and resources available to them. This includes gathering documentation and data related to your mesothelioma case.

Compensation Options: Before filing a lawsuit, your lawyers may investigate the possibility of receiving compensation from an asbestos trust fund, along with other potential recovery options. You may be eligible to receive money from multiple sources that contributed to a diagnosis or death.

Filing and Discovery: Your lawyer can file the initial complaint that starts off a lawsuit. The complaint will include the details of your suit, including the named defendants, causes of action, and specifics about each claim. The filing will launch the Discovery Phase, in which both sides present information in support of their arguments and file motions, often with the intent of reaching a settlement before the case goes to a full trial.

Most mesothelioma lawsuits settle during the Discovery Phase. As the plaintiff, you will always have the final say in whether to accept a settlement or pursue a trial. In the event a case does go to trial, having an asbestos attorney with experience and the resources of a focused mesothelioma law firm are essential to receiving the compensation you deserve.

Notable Mesothelioma Lawsuit Settlements and Verdicts

Asbestos litigation has a long history in the United States, with one of the first well-known lawsuits filed against an asbestos company occurring back in 1929. It was really in the 1960s and 1970s, though, that the connection between asbestos exposure and severe health risks like mesothelioma were indisputable, which led to thousands of more lawsuits against asbestos companies. Over the years, asbestos manufacturers have paid billions of dollars in mesothelioma settlements and verdicts.

2024: A 49-year-old woman with mesothelioma won a $260 million award from an Oregon jury. The defendant in the case was Johnson & Johnson (J&J). In recent years, evidence that the company knew about asbestos contamination in its talc products has led to hundreds of thousands of lawsuits. Attempts to declare bankruptcy to avoid liability have consistently failed.

2015: One of the first trial verdicts in an asbestos talcum powder lawsuit was awarded to Judith Winkel. In her case, Winkel claimed her mesothelioma developed because of asbestos exposure from using Colgate-Palmolive’s Cashmere Bouquet talcum powder for about a decade. The jury concluded the manufacturer was negligent with this product and awarded $13 million to Winkel.

2011: Among one of the highest mesothelioma verdicts seen in New York, $32 million was awarded to U.S. Navy veteran Ronald Dummit and his wife. Dummit developed pleural mesothelioma years after working in the boiler rooms of various ships from the 1960s to 1970s. Dummit stated he was not properly warned about the presence and dangers of asbestos on the ships.

2003: In one of the largest trial verdicts for a single plaintiff, Roby Whittington was awarded $250 million in a verdict against U.S. Steel. Whittington worked in one of the company’s plants from 1950 to 1971 and was exposed to asbestos, later resulting in a mesothelioma diagnosis. Later, U.S. Steel said they settled the case for an undisclosed amount.

1971: Considered a landmark decision in asbestos litigation, the case of Borel vs. Fiberboard Paper Products Corporation is noted as the first mesothelioma lawsuit to rule in favor of the claimant and award a verdict. Clarence Borel was an insulator and came into contact with a number of asbestos products from different companies and was later diagnosed with mesothelioma. Borel unfortunately passed away before the trial ended, though the jury awarded his widow over $79,000.

Frequently Asked Questions About Mesothelioma Lawsuits

As you consider the lawsuit process and whether or not it’s the right course of action for you and your loved ones, you most likely have many questions on what to expect and the next steps. Here are some common questions to keep in mind when considering your options.

What is the average mesothelioma settlement amount?

Mesothelioma lawsuits average between $1 and $1.4 million when they end in a settlement between a victim and the companies that caused asbestos exposure. Jury verdicts average higher, at $2.4 million. The risk with letting a jury decide a case is they may find in favor of the company, in which case you do not receive any compensation.

How long does the lawsuit process take?

There are a number of factors that can impact how long a mesothelioma lawsuit will take, like the number of plaintiffs and defendants in the case and if it is consolidated with others. On average, the process typically takes between 1 and 3 years. In the event of your lawsuit going to trial, on average trials take 38 days, but you must also consider all the time that goes into the research and development of the case before this point.

How much do mesothelioma lawyers charge?

Asbestos claims are taken on contingency, meaning that you will not pay anything upfront. In fact, your mesothelioma lawyer will only get paid if he or she is able to help you receive compensation. The total fee is usually 3% – 5% of a settlement. Note, however, that every case is different, and the actual amount paid will depend on your individual circumstances.

If my case goes to trial, will I need to travel?

Mesothelioma lawyers understand that patients will often be unable to travel if their lawsuit was filed in a different state or they had to travel elsewhere for treatment. Lawyers will generally travel to you for whatever they need pertaining to the case, like conducting interviews and gathering documentation. Even if you are unable to be present in court, you will still be in full control of your legal rights and your lawyer will follow your instructions.

Understanding Lawsuit Eligibility

Because of the nature of asbestos exposure, it can be unclear who you can file a lawsuit against and what kind of claim would be best for your individual case. These are some of the common questions asked, but be sure to consult a lawyer about the best legal options for you.

How long do I have to file?

The most important factor in determining how long you have to file is your state’s statute of limitations. This law specifies the filing deadline for both personal injury and wrongful death lawsuits. Most states have an average length statute of limitations between 2 – 3 years. However, some states only give you 1 year in which to file, while a very small handful of states have statutes longer than 3 years.

Because the deadline to file a mesothelioma lawsuit is so short, it is important to consult with an experienced attorney right away. Your lawyer will be able to inform you of the statute of limitations and any other deadlines applicable in your state.

If you did miss the time limit to file a lawsuit, there may be other options available for receiving compensation, including workers’ compensation, veterans’ benefits or claims against asbestos trust funds.

I don’t know how I was exposed to asbestos – who can I file a claim against?

Your legal team will begin the process by researching and gathering evidence, so it’s ok if you’re not entirely sure right off the bat how you came into contact with the toxin. Your lawyer will ask questions around where you have lived, the schools you attended, and look into places you have worked. If you served in any branch of the military, that will also be an important part of this phase as unfortunately many veterans are later diagnosed with mesothelioma.

For many, secondhand exposure and exposure at home is also becoming more common. As such, it’s important to work with a mesothelioma lawyer who will be able to help determine how and where exposure occurred and hold the responsible parties liable.