May 06, 2022

mesothelioma class action

 Mesothelioma Lawsuit

The two types of mesothelioma lawsuits are personal injury and wrongful death claims. A mesothelioma personal injury lawsuit allows the cancer patient to seek compensation from the company or companies that exposed them to asbestos. The average compensation from a mesothelioma lawsuit trial is $2.4 million.

Types of Mesothelioma Lawsuits

If your family is bearing the burden of mesothelioma, an asbestos exposure lawsuit may be right for you and your loved ones. 

Personal Injury Lawsuit

A person diagnosed with mesothelioma may file a personal injury lawsuit against the companies responsible for exposing them to asbestos. 

Asbestos liability is usually based on companies’ failures to warn employees and consumers about the dangers linked to inhaling the toxic mineral. If the lawsuit is successful, the mesothelioma patient receives compensation for their injury.

Wrongful Death Lawsuit

The estate of a deceased mesothelioma patient may file a wrongful death claim seeking compensation to cover medical bills, funeral expenses and lost income. 

Similarly, if a mesothelioma patient files a personal injury lawsuit but dies before it is resolved, the estate may continue the claim. When compensation is awarded in wrongful death lawsuits, the estate is the recipient.

“The Mesothelioma Center’s legal adviser Mr. Joe Lahav reached out to explain options regarding my mother’s mesothelioma. He was compassionate and straightforward. Thank you for caring.”

Who Is Eligible to File an Asbestos Lawsuit?

You are typically eligible to file a mesothelioma lawsuit if you can provide documentation of the mesothelioma diagnosis, including medical reports from the cancer center where you or your loved one were treated, and are within the statute of limitations. You must also document the asbestos exposure history that caused the mesothelioma. This can include employment records as well as detailed descriptions and testimony about the asbestos exposure.

Alternatively, you may be eligible to file a wrongful death lawsuit if you lost a loved one to mesothelioma. You would serve as the representative of your loved one’s estate.

If an asbestos company is liable for your exposure and they filed for bankruptcy, your lawyer may help you file a trust fund claim instead of a lawsuit. Your options for compensation may also include private health insurance, Medicare or Medicaid, Social Security disability benefits or filing a claim with the Department of Veterans Affairs.

You may be able to file a mesothelioma lawsuit outside of the state in which you live depending upon the details of your case. An experienced mesothelioma attorney can help you and your family decide the best court in which to file your asbestos claim. According to a leading industry report, more than 3,600 mesothelioma claims were filed throughout the U.S. in 2020.

These are some of the key states for asbestos litigation:

  • California
  • Florida
  • Georgia
  • Illinois
  • New York
  • Ohio
  • Pennsylvania
  • Texas
  • West Virginia

Key states in the United States for asbestos litigation

California, New York and Illinois rank among the top states with the most legal claims for mesothelioma and other asbestos-related diseases.

Statute of Limitations on Asbestos Lawsuits

In personal injury and wrongful death lawsuits, plaintiffs must file a claim soon after an injury occurs or is discovered. Statutes of limitations set a time limit, usually around two years, for a plaintiff to file a lawsuit after they are injured or discover their injury.

You should speak with a mesothelioma lawyer to ensure you are within the statute of limitations to file your claim.

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Why File an Asbestos Lawsuit?

Compensation from an asbestos lawsuit can reduce financial hardships for you and your family. Mesothelioma lawsuits can provide money for medical and travel expenses, pain and suffering related to the illness and a better financial future for your loved ones.

A qualified mesothelioma attorney can help you decide whether to pursue a lawsuit and guide you through the process. If you choose to file a claim, you would sue manufacturers of asbestos products rather than the government or military, if you were exposed while serving.

Who Gets Sued in an Asbestos Lawsuit

Watch: Speaking with The Mesothelioma Center, asbestos lawyer Peter Tambini clarifies who is sued in a mesothelioma lawsuit.

Filing a Mesothelioma Lawsuit

First, you must find an attorney who will prepare and file a written complaint with a court to start the legal process. 

Filing and the steps that follow may take several months, but if you are very sick, your attorney may ask the court to speed the process along before your condition worsens. Your attorney will guide you and represent you every step of the way.

Steps to File a Mesothelioma Lawsuit

Your attorney will walk you through every step of the mesothelioma lawsuit process.

1. Choose an Attorney

The first step in a successful filing process is choosing an attorney experienced in asbestos litigation. Top mesothelioma law firms will provide you with a free consultation to talk about your case and go over your legal options.

2. Case Review and Preparation

Answer your attorney’s questions about your asbestos exposure history, work history and medical history. This is part of a mesothelioma case review. Work with your lawyer if they need additional testimony for your case. You might need to answer additional questions about your work history and asbestos exposure history.

Your attorney will research what claim and compensation options best fit your needs. Whether you file a personal injury lawsuit, a wrongful death lawsuit or a claim with an asbestos trust, a skilled attorney will help you prepare all the documentation needed to support your claim.

3. File Mesothelioma Lawsuit

After the relevant information is gathered, your attorney will file your lawsuit on your behalf and manage the legal proceedings. They will advise you on whether to take a settlement offer or negotiate for additional compensation.

Learn About Your Mesothelioma Compensation Options

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4. Responses and Discovery

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. Defendants rarely admit fault. They most likely will deny your claims and argue your complaint is not valid, or they may contend that someone else is responsible for your exposure to asbestos. Your attorney will reply to each defendant’s responses.

Lawyers on both sides will gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information may become evidence used at trial. You may need to participate in a videotaped deposition and answer questions under oath from the defendants’ lawyers. This is often done from the comfort of your own home and under the guidance of your attorney.

5. Settlement or Trial

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

Going to trial is rare. Even if a case does go to court, you may not be required to appear. The trial process varies depending on where you file a claim. Results depend on your history of asbestos exposure, the state where the lawsuit is filed, your medical history and other factors. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the verdict.

6. Resolution

If you win the trial, defendants may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days from the time the verdict is given. This will delay any monetary award, but defendants will need to post “bond” for the amount awarded while the appeal proceeds.

If the defendants lose their appeal, you will start receiving payments. If the appeal is successful, defendants may end up paying a smaller amount or nothing at all.

Notable Asbestos Lawsuit Verdicts

These payouts are known as trial verdicts, and they are often higher than what a patient may receive from a settlement offer or a trust fund claim:

$250 million awarded to a retired steel worker in 2003 over exposure to asbestos insulation

$75 million awarded to the wife of a race car driver in 2017 over exposure to asbestos-containing engine gaskets

$48 million awarded to the family of a construction worker in 2012 over exposure to asbestos in building materials

$29.4 million awarded in a talc lawsuit to a long-time talcum powder user in 2019 over exposure to asbestos-contamination

$18.6 million awarded to the family of a factory worker in 2014 over asbestos exposure at a tire plant

$18 million awarded to a barber’s son in 2016 over exposure to asbestos-contaminated talcum powder

History of Asbestos Litigation

Asbestos litigation is considered the longest-running mass tort in U.S. history, dating to the late 1960s. Dozens of companies have filed for bankruptcy under the weight of asbestos litigation and established asbestos trust funds to compensate future victims and their families.

Doctors Prove Asbestos Causes Cancer

Medical researchers Drs. Selikoff, Churg and Hammond who proved asbestos exposure causes lung damage and disease

The medical research of Dr. Irving J. Selikoff, Dr. Jacob Churg and Dr. E. Cuyler Hammond proved conclusively that asbestos exposure causes lung damage and disease. There had been evidence among asbestos workers for decades, but the industry had denied the validity of the claims.

Restatement of the Law of Torts

A 1965 publication by The American Law Institute called “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.” Courts decided asbestos manufacturers knew the dangers of asbestos exposure but failed to appropriately warn asbestos workers and consumers. This opened the floodgates for asbestos-related lawsuits.

First Asbestos Lawsuit Filed Asbestos fibers

Insulation worker 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 Owens-Corning Fiberglas. The case went to trial on May 12, 1969, and the verdict came a week later in favor of the defendants.

Borel v. Fibreboard Paper Products

Fibreboard logo

In October 1969, attorney Stephenson represented one of Tomplait’s co-workers, Clarence Borel. He had developed mesothelioma 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 America. This time, the result was different.

Borel died of mesothelioma in June 1970 and, unfortunately, never heard the final disposition from the Fifth Circuit U.S. Court of Appeals. In 1973, a verdict in the amount of $79,436 was awarded to Borel’s estate.

Asbestos Tort Litigation Grows Protest sign that reads 

Buoyed by the success of Borel’s victory, asbestos workers turned to tort litigation to obtain compensation for their injuries. While some other countries created centralized benefits systems for injured workers, U.S. mesothelioma patients were forced to rely on lawsuits.

Although there is no national registry for asbestos personal injury claims, independent reports show asbestos litigation has grown significantly during the past several decades. The RAND Institute for Civil Justice began analyzing asbestos litigation in the early 1980s.

According to RAND’s findings, approximately 730,000 people in the U.S. filed compensation claims for asbestos-related injuries from the early 1970s through the end of 2002, costing businesses and insurance companies more than $70 billion.

The total number of companies sued jumped from 300 to 8,400 between 1982 and 2002. By 2013, the number of asbestos defendants had grown to more than 10,000 companies.

Asbestos Litigation Shifts to Online Practices

Asbestos attorneys have transitioned to virtual and teleconferencing services to prevent infection risks for mesothelioma patients during the COVID-19 pandemic.

Mesothelioma lawyers now provide remote virtual consultations to help clients file mesothelioma claims during coronavirus without missing deadlines due to restricted travel or health issues. Attorneys can handle some aspects of the legal process through video calls or electronic signatures.

Asbestos law firms are also working to move mesothelioma claims through the court system as quickly as possible, despite the closure of many courts during the pandemic. Patients have been able to file some claims while the courts are closed, and local court officials have given priority to certain cases of the terminally ill.