What Is a Mesothelioma Class-Action Lawsuit?

A mesothelioma class-action lawsuit is when a group of people with this shared diagnosis join together to sue the same companies. Instead of each person suing individually, one person serves as the lead plaintiff. They present a case that reflects the group’s shared experience. This approach aims to hold asbestos companies accountable and secure compensation for everyone affected.

Key Facts About Mesothelioma Class-Action Lawsuits

  1. Asbestos lawyers do not recommend filing this type of lawsuit because it yields less compensation.
  2. One case represents a group with similar asbestos exposure and mesothelioma diagnoses.
  3. Class-action lawyers advocate for the group as a whole, not individuals.
  4. People in the class have less control than they would in personal mesothelioma lawsuits.
  5. Everyone involved shares the total mesothelioma compensation amount.

Comparing a mesothelioma class-action lawsuit vs. an individual lawsuit, one of the key differences is in how compensation works. In a mesothelioma class action lawsuit, everyone shares compensation equally and there’s no opportunity for personal input on settlements. With individual lawsuits, a single plaintiff or family receives compensation from a settlement or trial verdict and there are opportunities to create personalized legal strategies with your personal lawyer. 

Today, individual lawsuits are more common. In the past, mesothelioma class-action lawsuits helped large groups of people exposed to the same asbestos products, such as shipyard workers or factory employees. These lawsuits peaked between the 1960s and 1990s. 

Why Are Mesothelioma Class-Action Lawsuits Rarely Filed?

Mesothelioma class-action lawsuits are now rare because individual claims give people more control. Personal injury and wrongful death lawsuits typically result in higher mesothelioma compensation. Today, lawyers focus on building strong personal injury lawsuits. 

Having nearly identical claims is rare in asbestos cases. Most mesothelioma cases involve different asbestos exposures, companies, job sites and health outcomes. Personal injury lawsuits can better reflect each person’s diagnosis, work history and losses.

Pros of Mesothelioma Class-Action Lawsuits:

  • In the past, they served as an efficient way to help victims of asbestos exposure access compensation.
  • They work well when a group of workers were exposed at the same job site to the same products and develop mesothelioma.

Cons of Mesothelioma Class-Action Lawsuits:

  • One plaintiff’s case is rarely similar enough to other plaintiffs’ cases.
  • Plaintiffs in asbestos-related class-action lawsuits generally don’t receive as much compensation as those who file successful individual lawsuits.

KCIC’s 2025 report of asbestos lawsuits in 2024 shows asbestos-related lawsuits stayed steady. There were 3,931 cases filed in 2024, which is just 2 more than the 3,929 cases filed in 2023. Filings have slightly increased each year since 2020. Each lawsuit has unique facts, making it difficult and often unfair to combine them into a single class-action suit.

Can I Join a Mesothelioma Class-Action Suit?

To join an available mesothelioma class-action lawsuit, you can speak with an experienced asbestos attorney. But this type of case is now very rare. Courts usually reject them because each case involves different variables. Filing personal injury lawsuits instead is much more common today.

An experienced mesothelioma lawyer can walk you through your legal options and help you decide what’s right for you. They’ll explain how to join any available class-action suits or how to opt out and file on your own. Most of the time, filing individually leads to better results and more control over your case.

Joe Lahav

Perspective From a Mesothelioma Lawyer

If you are asked to join an asbestos class action, remember that you can choose to join the class or ‘opt out’ so you can pursue your own lawsuit.

Joe Lahav, Esquire

Alternatives to Mesothelioma Class-Action Lawsuits

Mesothelioma class-action lawsuits are rare today, but you have several other legal options to pursue compensation. These alternatives often provide better outcomes and more personalized attention to your specific case.

Mesothelioma Compensation Options

  • Asbestos trust funds: Bankrupt asbestos companies created these funds to compensate people exposed to asbestos. These trusts offer a streamlined claims process for faster compensation.
  • Personal injury lawsuits: Patients diagnosed with mesothelioma file these claims to recover damages. Most cases settle out of court, with settlements typically ranging from $1 million to $1.4 million.
  • VA benefits & Workers’ Compensation: Veterans and employees exposed to asbestos can pursue compensation through these programs, which may cover medical treatment and disability payments.
  • Wrongful death lawsuits: Surviving family members file these claims after losing a loved one to mesothelioma. Average settlements range from $1 million to $2 million to cover expenses and losses.

Each of these alternatives offers distinct advantages depending on your situation. Consulting with an experienced mesothelioma attorney can help you determine which option provides the best path to compensation for your circumstances.

Recent mesothelioma personal injury settlement

$260 million

Case Study: Personal Injury Lawsuit 

Kyung Lee’s case against Johnson & Johnson demonstrates the potential outcomes of mesothelioma personal injury litigation. Lee developed mesothelioma after long-term use of the company’s talc-based baby powder, and a jury awarded her $260 million in June 2024.

The verdict included $200 million in punitive damages and $60 million in compensatory damages. After J&J challenged the award, an Oregon judge ultimately upheld the verdict in November 2024, confirming the amounts comply with constitutional requirements.

Common Questions About Mesothelioma Class-Action Lawsuits

Can you file or join a class-action lawsuit for mesothelioma?

Generally, mesothelioma cases are not filed as class-action lawsuits. Mesothelioma cases are individual lawsuits against the viable asbestos companies and claims against the asbestos trusts for bankrupt asbestos companies. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Can you sue if you developed mesothelioma from asbestos exposure?

You can sue if you develop mesothelioma from asbestos exposure, and the statute of limitations has not expired. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What is the average payout for a mesothelioma lawsuit?

There is no average payout for a mesothelioma lawsuit.  Any compensation is determined by the evidence obtained against the viable asbestos companies pursued in litigation and the bankrupt asbestos companies in which claims were filed against the asbestos trusts. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

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