Understanding the Mesothelioma Lawsuit Process
Filing a mesothelioma lawsuit can seem daunting, especially while dealing with a serious health diagnosis. However, understanding the process can help alleviate anxiety and empower you to make informed decisions about your legal options. Most mesothelioma lawsuits follow a predictable path, though each case has unique aspects based on individual circumstances.
The legal process for mesothelioma claims is designed to hold asbestos companies accountable for their negligence while providing compensation to victims for medical expenses, lost income, pain and suffering, and other damages. While no amount of money can undo the harm caused by asbestos exposure, financial compensation can provide security for patients and their families during a challenging time.
Mesothelioma Lawsuit Statistics
- Over 3,000 mesothelioma cases are filed in the United States each year
- Approximately 95% of mesothelioma lawsuits end in settlement rather than trial
- The average mesothelioma trial verdict is between $2-4 million
- Most mesothelioma lawsuits are resolved within 12-18 months
- Asbestos trust funds have paid over $20 billion in claims to date
Step-by-Step Timeline of a Mesothelioma Lawsuit
Step 1: Case Evaluation
An experienced mesothelioma attorney reviews your case to determine its strength, identify potentially responsible parties, and estimate potential compensation. This initial consultation is typically free.
Step 2: Investigation & Evidence Gathering
Your legal team conducts a thorough investigation into your asbestos exposure history, medical diagnosis, and identifies all potentially liable companies. This may involve reviewing employment records, medical documents, and product identification.
Step 3: Filing the Lawsuit
Your attorney files a formal complaint in the appropriate court, outlining the allegations against the defendants and the damages sought. Defendants are then served with the lawsuit and given time to respond.
Step 4: Discovery Phase
Both sides exchange information through depositions, interrogatories, and document requests. This phase can last several months as each side builds their case.
Step 5: Settlement Negotiations
The majority of mesothelioma cases settle during this phase. Your attorney negotiates with defendants to reach a fair settlement that compensates you for your damages without the need for a trial.
Step 6: Trial (If Necessary)
If a settlement cannot be reached, your case proceeds to trial where a judge or jury will hear evidence and determine liability and damages. Fewer than 5% of mesothelioma cases go to trial.
Step 7: Compensation Distribution
Once a settlement is reached or a verdict is awarded, compensation is distributed. Your attorney will ensure all liens (medical, Medicare, etc.) are satisfied before you receive your portion.
Types of Mesothelioma Lawsuits
There are several types of legal claims available to mesothelioma patients and their families, each with different requirements and potential outcomes:
Personal Injury Lawsuits
Filed by individuals who have been diagnosed with mesothelioma against the companies responsible for their asbestos exposure. These lawsuits seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Wrongful Death Lawsuits
Filed by family members after a loved one has died from mesothelioma. These claims seek compensation for funeral expenses, loss of financial support, loss of companionship, and other damages.
Asbestos Trust Fund Claims
Many asbestos companies that declared bankruptcy established trust funds to compensate victims. Filing a claim with these trusts is often faster than traditional litigation and can provide compensation without going to court.
VA Benefits Claims
Veterans exposed to asbestos during military service may be eligible for benefits through the Department of Veterans Affairs, including disability compensation and healthcare.
What to Expect During the Legal Process
While each mesothelioma case is unique, most follow a similar pattern:
- Initial Consultation: You'll discuss your case with an attorney who will evaluate your potential claim
- Evidence Gathering: Your legal team will help reconstruct your work history and identify asbestos exposure sources
- Filing the Lawsuit: Your attorney will handle all paperwork and court filings
- Discovery: You may be asked to provide a deposition about your work history and illness
- Settlement Negotiations: Your attorney will negotiate on your behalf to maximize your compensation
- Resolution: Most cases settle, but if yours goes to trial, your attorney will guide you through the process
Key Factors That Affect Your Mesothelioma Case
Several factors can influence the outcome of your mesothelioma lawsuit:
Exposure History
The strength of your case depends on your ability to demonstrate where, when, and how you were exposed to asbestos. Detailed work history and product identification are crucial.
Medical Documentation
A clear diagnosis of mesothelioma from a qualified physician is essential. Your medical records must establish the connection between your illness and asbestos exposure.
Statute of Limitations
Each state has time limits for filing mesothelioma lawsuits, typically 1-3 years from diagnosis or discovery of the illness. It's crucial to act promptly to preserve your rights.
Jurisdiction
Where you file your lawsuit can significantly impact its outcome. Some jurisdictions have more experience with asbestos cases and may process claims more efficiently.
Defendant Solvency
The financial stability of the companies you're suing affects their ability to pay compensation. Your attorney will identify all potentially liable parties to maximize your recovery.
Important Considerations
It's essential to work with an attorney who specializes in mesothelioma cases. These complex lawsuits require specific expertise and resources. Most mesothelioma attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation. Typically, they receive a percentage of the recovery, usually between 25-40%.
What Compensation Can You Expect?
Mesothelioma compensation varies widely based on individual circumstances, but may include:
- Medical Expenses: Past, present, and future medical costs related to your illness
- Lost Income: Wages lost due to inability to work
- Pain and Suffering: Physical and emotional distress caused by your illness
- Loss of Consortium: Compensation for the impact on your relationship with your spouse
- Punitive Damages: In some cases, additional damages meant to punish particularly negligent behavior
Frequently Asked Questions About Mesothelioma Lawsuits
How long does a mesothelioma lawsuit take?
Most mesothelioma lawsuits are resolved within 12-18 months. However, some cases may settle more quickly, while others that go to trial may take longer. Your attorney can often expedite the process due to the urgent nature of mesothelioma cases.
Will I have to go to court?
Most mesothelioma cases settle before trial, so it's unlikely you'll have to appear in court. If your case does go to trial, your attorney will prepare you thoroughly for what to expect. Many courts also make accommodations for ill plaintiffs, such as allowing video testimony.
What if I can't remember where I was exposed to asbestos?
An experienced mesothelioma attorney has resources to help reconstruct your work history and identify potential exposure sources. They maintain databases of asbestos products and job sites, and may be able to identify exposure sources based on your career history alone.
Can I file a lawsuit if my loved one has already passed away from mesothelioma?
Yes, family members can file a wrongful death lawsuit on behalf of their loved one. The compensation available in wrongful death cases may include funeral expenses, loss of financial support, and loss of companionship.
How much will it cost to hire a mesothelioma attorney?
Most mesothelioma attorneys work on a contingency fee basis, which means they only get paid if they successfully recover compensation for you. Typically, the attorney receives a percentage of the compensation obtained, usually between 25-40%. There are usually no upfront costs or fees.
Understand Your Potential Compensation
If you or a loved one has been diagnosed with mesothelioma, you may be entitled to significant compensation.
Try our Mesothelioma Compensation CalculatorGet a free estimate of your potential compensation in minutes