Mesothelioma Claims
A mesothelioma claim can help you recover financial compensation for your medical expenses and provide financial security for your family. Our award-winning mesothelioma lawyers at the Lanier Law Firm have over 30 years of experience helping mesothelioma victims get justice against the companies responsible for their asbestos exposure.
Legally Reviewed By: Darron E. Berquist
Managing Attorney | Mesothelioma & Asbestos in New York
- Page Last Updated:
- July 10, 2024
Legally Reviewed By: Darron E. Berquist
Managing Attorney | Mesothelioma & Asbestos in New York
- Page Last Updated:
- July 10, 2024
How Filing a Mesothelioma Claim Can Help
Our Past Mesothelioma Claim Results
Factors That Determine Mesothelioma Claim Amounts
Who Can File a Claim for Mesothelioma?
How to File A Mesothelioma Claim
How Long Do I Have To File a Mesothelioma Claim?
How much compensation can I recover from a trust fund claim?
How Can the Lanier Law Firm Help Me with My Mesothelioma Claim?
How Filing a Mesothelioma Claim Can Help
Mesothelioma is a devastating illness with a significant financial burden. A mesothelioma claim cannot restore your health, but it can provide financial security for you and your family and bring about a measure of justice against the companies that exposed you to asbestos.
Our leading mesothelioma law firm has helped our clients recover compensation for medical care and related expenses, including the following:
- Chemotherapy
- Surgery
- Novel treatments
- Travel to treatment
- Hospital stays
- Home health care
- Medical equipment
- Nursing care
- Medications
- Personal care services
- Domestic services
If your mesothelioma diagnosis has forced you to stop working, a mesothelioma claim can also provide compensation for your lost wages. In addition, you can pursue financial compensation for your pain, suffering, and emotional distress.
“The only established cause of mesothelioma is asbestos exposure. And so, when someone comes to us or even before someone comes to us and they’re considering whether or not to pursue a claim related to their diagnosis, it’s already understood that somehow that person was exposed to asbestos, and that exposure could have happened 10, 20, 30, 40, or more years ago. And it could have happened in ways that the person isn’t aware of, whether they were a child or maybe a family member unwittingly brought it home on their clothing, or even exposure to things that contain talc, makeup and cosmetics, things like that.
So there are multitude of ways that one can be exposed to asbestos. And most of these companies, if not all of them, starting in the 1920s, if not before, were aware, or at least should have been aware, that asbestos was dangerous, extremely dangerous. By the time we get to the 1960s, mesothelioma and its link to asbestos exposure was established. And so these companies were well aware for decades including into the years that they continued to sell these products, that they were dangerous, caused cancer, and should have taken them off the shelves.” – Darron Berquist
Our Past Mesothelioma Claim Results
We have won more than $20 billion in mesothelioma settlements and verdicts, including the following:
$4.69 billion verdict
for 22 women against Johnson & Johnson in the first successful trial linking asbestos in baby powder to ovarian cancer
$115 million verdict
for 21 Alabama steel mill workers exposed to asbestos through a grinding wheel
$7 million verdict
for a Louisiana man exposed to asbestos
$4.5 million settlement
for a man exposed to asbestos in joint compound
$2.3 million settlement
for a California electrician exposed to asbestos while working in a naval shipyard
$2 million settlement
for the family of a woman who died of peritoneal mesothelioma caused by asbestos in cosmetic talc
Factors That Determine Mesothelioma Claim Amounts
The settlement amount you recover in your mesothelioma claim will vary depending on the specific details of your claim. The factors that may influence the amount of mesothelioma compensation you recover include the following:
- Your age at diagnosis
- The severity of your disease
- The number of companies responsible for your exposure to asbestos
- Whether you have lost earnings
- Your medical treatment costs
You can count on our renowned mesothelioma lawyers to fight for the maximum compensation.
Who Can File a Claim for Mesothelioma?
You may be eligible to file a mesothelioma claim if you meet any of the following criteria:
- You have been diagnosed with mesothelioma, lung cancer, or asbestosis.
- You are the surviving spouse or close family member of someone who died of an asbestos-related illness.
- You are representing the estate of someone who died of an asbestos-related illness.
Call us immediately at (866) 973-5506 if any of these criteria apply to you.
“When a person calls our office and tells us that they have mesothelioma, the first thing we always do is try to obtain a copy of the pathology report for the purpose of determining whether or not there is, in fact, malignant mesothelioma. And once we get that, then we will immediately schedule a meeting with the client and go out and explore the client’s exposure history. That means we need to find out how the person was exposed because if there’s a malignant mesothelioma diagnosis, we know that’s the only thing that causes mesothelioma is asbestos exposure. So we meet with the client, try to identify asbestos exposure throughout the person’s life. And after that, at that point, we pretty much know if a person has a viable claim or not.” – Sam Taylor
How to File A Mesothelioma Claim
Filing a mesothelioma claim is a complex process, but the only action you will need to take when you are ready is to contact a reputable mesothelioma lawyer. When you choose the Lanier Law Firm, we will handle every aspect of your legal case from start to finish while you focus on your health and your family.
We Will Collect the Evidence Needed to Prove Your Claim
Mesothelioma is a latent illness, which means it typically develops decades after your asbestos exposure. We will spend significant time with you, listen to your life story, compile your work history, and identify the asbestos-containing products you were exposed to.
Regardless of the time frame, our skilled and resourceful attorneys can go as far back as needed to determine how you were exposed to asbestos. We have an extensive collection of products that contain asbestos with a detailed picture library and database of employers and manufacturers to help us identify all sources of your asbestos exposure.
With this information, we can identify who is responsible and build a strong case to support your claim.
We Will File Your Mesothelioma Claims
Once we know who is responsible for exposing you to asbestos, we will file your mesothelioma claims against each responsible party in the jurisdiction most advantageous to you. We will then stand with you until your claim is resolved.
After your mesothelioma claim is filed, the defendants may request access to your medical records and the evidence we gathered proving how you were exposed to asbestos. You may be required to testify at a deposition during this time. You can rest assured that we will fully prepare you for this if it occurs.
We Will Negotiate for the Settlement You Deserve
Our nationally recognized mesothelioma lawyers will work hard to negotiate a substantial settlement for your pain and suffering, medical costs, and other losses.
Our skilled attorneys’ detailed investigation and thorough case preparation demonstrate to mesothelioma defendants that we mean business. Such hard work has helped us win settlements in more than 95 percent of our mesothelioma cases, sparing clients the uncertainties and difficulties of a trial.
We Will Fight for You in Court If Necessary
We will not settle for less than you deserve. If an asbestos defendant refuses to pay the full extent of your damages, we will fight for you in court. Our mesothelioma attorneys are acclaimed trial lawyers. We prepare every case for trial.
How Long Do I Have To File a
Mesothelioma Claim?
You must file your mesothelioma lawsuit before the statute of limitations expires in the state where you file. This deadline is usually one to three years after your diagnosis, but the exact deadline depends on your state.
It is important to contact an experienced mesothelioma lawyer as soon as possible after you are diagnosed with mesothelioma. If you do not file your mesothelioma claim before the statute of limitations expires, your case will be dismissed, and you will miss out on your opportunity to receive compensation for your losses.
When you contact our attorneys at the Lanier Law Firm, you can count on us to file your claim on time. However, before filing the claim, we will need time to investigate your asbestos exposure, identify all of the liable parties, and review your evidence ahead of filing. Don’t wait. Contact us today to get started.
Types of Asbestos Claims
When you have been diagnosed with mesothelioma, you may be eligible to file one or more of the following types of claims, depending on how you were exposed to asbestos:
- A personal injury or wrongful death lawsuit
- An asbestos trust fund claim
- A VA claim
- A workers’ compensation claim
“People who are exposed to asbestos are exposed in different ways. Every case is different. We approach every case based on the circumstances of that person’s exposure. Depending on the circumstances, there could be claims against companies that are solvent, and we pursue them in the tort system. And sometimes, there are exposures involving bankrupt defendants, and there are bankruptcy trusts out there that are intended to compensate people who are exposed to their products.” – Darron Berquist
Personal Injury Claims
A personal injury claim is a lawsuit against the companies that manufactured or supplied the asbestos-containing products that caused your illness. Asbestos product manufacturers and mining companies are typically the defendants in mesothelioma lawsuits.
Our experienced mesothelioma attorneys can identify these companies after we review your employment and life history. We will then file your claim in the appropriate jurisdiction before the statute of limitations expires.
Wrongful Death Claims
If your spouse or next-of-kin died from an asbestos-related illness, you may be eligible to file a wrongful death lawsuit against the asbestos product manufacturers responsible for your loved one’s asbestos exposure.
Each state has its own guidelines to determine who has legal standing to file a wrongful death lawsuit, what types of damages are available, and how the proceeds are distributed. In most states, a personal representative or immediate family member files the lawsuit on behalf of the estate. Generally, the proceeds are distributed to the spouse and children first, then to other family members.
Asbestos Trust Fund Claims
Approximately $30 billion is available in the asbestos trust funds to compensate victims of asbestos exposure. Asbestos product manufacturers established these funds after declaring bankruptcy because of the significant liability they faced for exposing workers and consumers to asbestos.
Asbestos trust fund claims provide a means of obtaining compensation outside the court system, often resulting in a faster recovery. We can identify all the trust funds from which you are eligible to recover compensation and file claims for you.
VA Mesothelioma Claims
If you were exposed to asbestos in the military and later developed an asbestos-related illness, you may be eligible to file a VA mesothelioma claim through the Department of Veterans Affairs. The VA pays monthly disability compensation and provides free medical care to eligible veterans with service-connected illnesses.
Surviving family members of military veterans who die from illnesses caused by asbestos exposure during service may also be eligible for VA benefits. These benefits may include health care benefits and monthly tax-free payments known as Dependency and Indemnity Compensation. We can advise veterans and families about veterans’ benefits that may be available.
Workers’ Compensation Mesothelioma Claims
If you were diagnosed with mesothelioma while you were still working, you may qualify to file a workers’ compensation claim. Workers’ compensation is a no-fault insurance coverage employers must provide to employees. It replaces some of your lost wages and provides free medical care for your asbestos-related illness.
Every state has established deadlines, procedures, and rules for workers’ compensation claims. We can help you navigate this system and file your occupational asbestos exposure claim before the deadline. If your claim has been denied or you are being underpaid, we can appeal your claim and take the insurer to court if necessary.
How much compensation can I recover
from a trust fund claim?
There is currently an estimated $30 billion available through asbestos trust funds. Each fund uses a separate formula to calculate compensation, considering individual factors, such as the severity of the illness, the age at diagnosis, and the prognosis.
However, the number of mesothelioma victims coming forward has continued to rise, and some of the trust funds are short of funds. Many trust funds have reduced the compensation per claimant to make compensation available to the largest number of claimants.
Thus, some trust fund claimants are not receiving sufficient compensation from the trust funds alone. The Lanier Law Firm can often help claimants identify multiple sources of exposure and maximize the total compensation available.
How Can the Lanier Law Firm Help Me with My Mesothelioma Claim?
We have seen firsthand the grief and distress caused by a mesothelioma diagnosis. We are dedicated to fighting for maximum compensation without the legal process increasing your stress. We form close relationships with our mesothelioma clients and fight for them like we would for our own families. You can count on us to do the following:
- Help you determine how you were exposed to asbestos
- Identify all of the parties responsible for your asbestos exposure
- File a mesothelioma lawsuit in the most advantageous venue
- Identify all of the types of claims for which you are eligible
- Provide vigorous advocacy and refuse to settle for less than you deserve
- Take your case to trial if the defendants refuse to offer fair compensation
- Keep you informed about the status of your claim until it is resolved
Start Your Mesothelioma Claim Today and Get the Compensation You Deserve
Filing a mesothelioma claim can give you access to significant compensation to provide financial security and pay for treatment, but the window of opportunity to file your claim is limited. Contact us today to schedule a free consultation.
Frequently Asked Questions (FAQs)
Below are answers to questions we frequently receive about mesothelioma claims.
What Is a Mesothelioma Claim?
A mesothelioma claim is a demand for financial compensation from the parties responsible for your asbestos exposure. Those who develop illnesses caused by asbestos exposure may pursue compensation through lawsuits, asbestos trust fund claims, VA claims, and workers’ compensation claims.
Do I Need a Lawyer To File a Mesothelioma Claim?
You generally need the assistance of a skilled mesothelioma lawyer to file a successful mesothelioma claim. A mesothelioma lawyer can identify the responsible parties, file your case on time, determine the types of claims you qualify for, and calculate the damages you should seek.
How Much Is a Mesothelioma Claim Worth?
It is impossible to know how much your mesothelioma claim is worth without first determining how you were exposed to asbestos and considering all of the unique details of your case. The average amount of a mesothelioma settlement can vary significantly. We are committed to maximizing your compensation.
How Long Do Mesothelioma Claims Take?
Mesothelioma claims can take anywhere from 90 days to several years to resolve. Asbestos trust fund claims, VA claims, and workers’ compensation claims typically resolve within a few months, while lawsuits may take several months to a year or longer to settle. Cases that go to trial generally take the longest to resolve.
We understand the urgency of receiving your compensation as soon as possible. Our caring mesothelioma attorneys are committed to resolving your case as expeditiously as possible.
Who Pays The Compensation in A Mesothelioma Asbestos Claim?
Generally, asbestos product manufacturers, asbestos trust funds, workers’ compensation insurers, or the Department of Veterans Affairs pay compensation for a mesothelioma claim.
What if the Source of Asbestos Exposure Is Unknown to Me?
We will analyze your work and life history to determine who supplied the asbestos to your employers with the help of our proprietary database of asbestos companies. Our resources also enable us to identify the responsible parties if you were exposed outside the workplace.
Once we have this information, we can identify the responsible parties and start your claim.
Can I File More than One Mesothelioma Claim?
You can file claims against every party responsible for your asbestos exposure. This can include a combination of lawsuits, trust fund claims, and other types of actions. It can include lawsuits against multiple asbestos manufacturers and multiple trust fund claims.
In some jurisdictions, trust fund claims may offset your lawsuit proceeds. We are committed to filing your case in the venue that allows you to recover the highest compensation.
Can I Sue the Military if I Was Exposed to
Asbestos While on Active Duty?
You cannot sue the military in a personal injury lawsuit. However, military personnel who were exposed to asbestos during their time in the military are not without recourse. According to Sam Taylor, the managing attorney of the asbestos litigation section in our Houston office:
“Almost universally, the military cannot be sued. However, on those military ships where they served, there are products … that were manufactured by private companies and distributed by private companies. So those are certainly viable cases.”
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