Filing a Personal Injury Lawsuit for Mesothelioma

What Is a Mesothelioma Personal Injury Claim?

A mesothelioma personal injury claim is a lawsuit filed by an individual diagnosed with malignant mesothelioma, a rare cancer caused by exposure to asbestos.

Personal injury lawsuits related to asbestos are the longest-running mass tort in U.S. history, dating back to the late 1960s. They have helped hundreds of thousands of people seek compensation from companies that produced, distributed or used asbestos products.

These lawsuits serve a dual purpose. First, they hold companies accountable for exposing workers and consumers to asbestos. Second, they help mesothelioma patients take care of medical bills and other expenses related to their cancer.

Many companies that mined or manufactured asbestos have filed for Chapter 11 bankruptcy protection from mesothelioma lawsuits. In many of these cases, the companies had to establish a list of asbestos trust funds to pay out current and future claims.

Every asbestos case is unique. The right mesothelioma law firm can help you decide if filing a personal injury lawsuit is the best option. They will help you file a claim before the statute of limitations expires and ensure you receive the maximum compensation.

Why File a Personal Injury Lawsuit?

Filing a personal injury claim for mesothelioma is a complicated process. It’s best handled by a qualified attorney who specializes in asbestos-related lawsuits. The right attorney can help you decide when to file a claim and which companies to file against, guiding you along the way.

Mesothelioma is often the result of a corporation’s negligence or a company’s failure to warn of asbestos-exposure risks. Mesothelioma personal injury lawsuits help those diagnosed with this devastating cancer recover money for cancer treatments, lost income, travel expenses, pain and suffering and related costs.

Each state has its own timeframe — called a statute of limitations — for filing a mesothelioma personal injury claim. It is important to begin the lawsuit process soon after a mesothelioma diagnosis and before this deadline expires.

A mesothelioma personal injury lawsuit can turn into a wrongful death claim if the original claimant dies from the disease before a verdict or settlement is reached. Family members may be able to step in and direct a wrongful death claim.

Most mesothelioma lawsuits are settled out of court without ever going to trial.

Types of Personal Injury Claims

Mesothelioma personal injury claims can be handled on an individual basis or as part of multidistrict litigation, also called an MDL. These cases are no longer filed as class-action for mesothelioma lawsuits.

There have been more than 186,600 asbestos cases transferred to MDL 875 since 2006. As of June 30, 2019, 28 cases remain pending in the court.

Regardless of how and where claims are filed, mesothelioma personal injury lawsuits rarely go to trial. The vast majority are settled out of court.

Mesothelioma Personal Injury Law Firms

National mesothelioma law firms litigate personal injury cases and trust fund claims throughout the U.S. Selecting a nationwide firm connects you to a network of attorneys with expertise in each state. They often travel to speak with families to help file a claim.

How to File a Mesothelioma Personal Injury Lawsuit

The best first step to filing a mesothelioma personal injury claim is finding a qualified asbestos attorney to handle your case.

A lawyer experienced in asbestos law knows the time-sensitive process for these types of claims. They also are familiar with the companies that used asbestos and which job sites caused significant asbestos exposure.

A qualified asbestos lawyer has a winning track record and is able to negotiate mesothelioma settlements on your behalf. Should your case go to trial, they usually offer you the best chance of a winning verdict.

Most mesothelioma attorneys work on a contingency fee basis. This means you owe nothing and pay nothing unless you receive compensation from the claim.

What Happens After Hiring a Lawyer?

After you choose a mesothelioma lawyer, they will walk you through each step of the lawsuit and explain the process along the way.

How Long Does the Process Take?

How long a mesothelioma personal injury lawsuit takes largely depends on the health of the plaintiff and other factors. If the person filing the lawsuit is in poor health, the process may be expedited. Lawsuits can often take several months or longer until they are resolved.