Mesothelioma Lawsuit
Mesothelioma lawsuits can provide asbestos exposure victims and their families financial compensation from asbestos product manufacturers. Most mesothelioma lawsuits settle without going to trial, and the average settlement can be in the millions. We have recovered nearly $20 billion for our clients. If you or your loved one has been diagnosed with mesothelioma, call us immediately at 800-723-3216 for a free case evaluation.
Legally Reviewed By: Darron E. Berquist
Managing Attorney | Mesothelioma & Asbestos in New York
- Page Last Updated:
- December 13, 2024
Legally Reviewed By: Darron E. Berquist
Managing Attorney | Mesothelioma & Asbestos in New York
- Page Last Updated:
- December 13, 2024
Why Should I File a Mesothelioma Cancer Lawsuit?
Types of Mesothelioma Lawsuits
Who Is Eligible to File an Asbestos Exposure Lawsuit?
Key States Where We Handle Mesothelioma Litigation
What Is The Average Mesothelioma Lawsuit Settlement?
How To File a Mesothelioma Lawsuit
How Long Does a Mesothelioma Lawsuit Take?
What Happens If The Plaintiff Dies Before The Case Is Resolved?
How Much Does It Cost To File an Asbestos Lawsuit?
Contact the Lanier Law Firm Today for a Free Case Review
Why Should I File a Mesothelioma Cancer Lawsuit?
Filing a mesothelioma lawsuit can relieve you of the financial hardships brought on by your mesothelioma diagnosis. Proceeds from a lawsuit can do the following:
- Pay for the high cost of mesothelioma treatment
- Compensate you for your pain and suffering
- Provide a more secure future for you and your family
A mesothelioma lawsuit can also provide you and your family with a sense of justice by holding the companies accountable that wrongfully exposed you to asbestos.
You have nothing to lose by pursuing justice for your asbestos exposure. When you choose the Lanier Law Firm to handle your mesothelioma lawsuit, we will do all the traveling and handle every legal detail for you so you can focus on your treatment.
Types of Mesothelioma Lawsuits
Mesothelioma lawsuits fall into two categories: personal injury lawsuits and wrongful death lawsuits.
Personal Injury Lawsuits
If you are a mesothelioma patient, you can file a personal injury lawsuit against the manufacturers, distributors, and retailers of the asbestos-containing products you were exposed to. In these cases, you are the plaintiff, and the asbestos companies are the defendants.
The basis of a mesothelioma claim is that the defendants manufactured, marketed, and sold a harmful product and failed to warn employers, workers, and consumers about the potential for harm.
If the lawsuit is successful, you could receive significant compensation for your medical bills, lost wages, pain, suffering, and more.
Wrongful Death Lawsuits
Wrongful death lawsuits are filed by the immediate family members or an estate representative after someone has died from mesothelioma. A judge can appoint anyone to be the estate representative, but this is most commonly a spouse or other next of kin.
If a wrongful death case is successful, the family may be able to recover compensation for funeral costs, pain and suffering of the deceased, loss of companionship, lost income, and other financial and emotional losses.
Mesothelioma is an aggressive cancer, and mesothelioma patients often do not survive long enough for their personal injury lawsuits to resolve. If your loved one passed away after filing a mesothelioma lawsuit, rest assured that we can help you continue the case and pursue wrongful death damages.
Who Is Eligible to File an Asbestos Exposure Lawsuit?
You may be eligible to file a mesothelioma lawsuit if you meet either of the following criteria:
- You have been diagnosed with mesothelioma or another asbestos-related illness, and you can prove where the asbestos exposure occurred.
- You are the immediate family member, next of kin, or estate representative of someone who has died of an asbestos-related illness.
When you hire our experienced mesothelioma lawyers to handle your lawsuit, we will identify where you were exposed to asbestos and gather the evidence you need to prove your claim. Contact us now to schedule a free consultation.
Key States Where We Handle Mesothelioma Litigation
We are a national law firm that can handle mesothelioma lawsuits in all 50 states. We have offices in Houston, Los Angeles, and New York City, but we can travel to you no matter where you are located. Our mesothelioma lawyers have most recently handled cases in the following states:
Where Will My Case Be Tried?
According to Sam Taylor, managing attorney of our asbestos litigation section in Houston:
“Frequently, when we’re contacted about a potential mesothelioma case, we’re asked, “Where will the lawsuit be filed if one is filed?”
“The law across the country dictates where lawsuits can be filed. After we have done a thorough investigation of the client’s exposure history, all the different ways and places in which the person was exposed to asbestos, then we try to make the best choice for the client.
“And that usually is either in the state where one of the responsible parties is headquartered or lives or where the exposure to the asbestos occurred. But the bottom line is that decision is made in conjunction with the client and is frequently dictated because of the laws of venue and jurisdiction on things such as where a defendant is located or where the exposure occurred.”
What Is The Average Mesothelioma Lawsuit Settlement?
According to seasoned mesothelioma attorney Sam Taylor:
“Case values vary drastically from jurisdiction to jurisdiction and state to state. Values can range from zero to eight figures, depending on where the case occurs. Because of the different laws in each state, as well as other factors, a case in one state may have little or no value, and the same case might be worth much more in another state.”
If a case goes to trial, the award is often higher. However, trials take more time, incur higher costs, and involve higher risks. It is usually in the best interest of our clients to settle their cases outside of court.
Our Past Mesothelioma Lawsuit Settlements
We have won more than $20 billion for our clients. Below are a few examples of our successful mesothelioma case results throughout the country:
- $4.69 billion verdict against Johnson & Johnson in Missouri on behalf of 22 women exposed to asbestos in baby powder
- $115 million for 21 Alabama steelworkers who contracted asbestos-related diseases at work
- $3.859 million wrongful death settlement for the family of a Louisiana woman exposed to asbestos through her husband’s work clothes
- $2.257 million verdict for an Illinois laborer exposed to asbestos
- $2.3 million for a California naval shipyard electrician exposed to asbestos
- $1.832 million for a Texas white-collar oil and gas worker exposed to asbestos
- $1.452 million wrongful death settlement for the family of a North Dakota maintenance worker
- $1.15 million settlement for a Florida woman who was exposed to asbestos through talcum powder
How To File a Mesothelioma Lawsuit
Case Investigation
During the case investigation, we will work to identify all of your sources of asbestos exposure and gather the evidence needed to prove it in court. Occupational asbestos exposure is the most common source of exposure, but we also check for possible secondary asbestos exposure, asbestos exposure in consumer products, and more.
“We walk through meticulous details — not just work history, but living history because many of the chores you do around the house might have exposed you to asbestos.” – Mark Lanier
Case Filing
As soon as we have all the required information, we will file your lawsuit in the jurisdiction we determined best serves your interests. We will manage all of the legal proceedings for you. We will prepare your case as if it is going to trial, but we will immediately begin negotiating the settlement you deserve.
Response by the Defendant
After we file your lawsuit, the defendant companies will receive copies of the lawsuit, and they will have the right to respond. Most asbestos defendants will deny responsibility for your asbestos exposure and fight your lawsuit. They may attempt to discredit your doctors or blame someone else, but our talented mesothelioma lawyers will be prepared for these tactics and respond skillfully on your behalf.
Discovery
During the discovery phase, lawyers on both sides will request evidence from the other side. The defendants may ask for your medical records, work history or other evidence, which we may be compelled to provide. We also have the right to request employment records and other evidence from the defendants.
You or your family members may be required to testify at an informal hearing known as a deposition, during which the defendants’ lawyers can ask you questions. We will be present during a deposition, if this is required.
“Oftentimes, the client will come to us, and one of their first questions is, what are they going to have to do? Are they going to have to sit for a deposition? Do they have to go to trial? And it always depends on the strategies or the end goals for the client. Oftentimes that does involve a deposition. But if the client is unable to or unwilling to sit for a deposition, there are other ways that we can prove, or at least try to prove their case, whether it’s through other witnesses or documents, things like that. When a client comes to us and is really concerned about the prospect of a trial or the prospect of sitting for a deposition, we work with them on what approaching the case in a way that is best for them and their situation and their appetite for things like depositions and trials.” – Darron Berquist
Settlement or Trial
Settlement negotiations become more serious after the discovery phase is completed and the defendants have had an opportunity to view the evidence against them. We are successful in settling about 95 percent of our clients’ mesothelioma cases.
“Quite candidly, a lot of folks do not want to go to trial against The Lanier Law Firm,” Mark Lanier explains in a video on the firm’s YouTube channel.
In the event that a defendant refuses to accept responsibility, the case will go to trial. During a trial, both sides present evidence, and a judge or jury decides the outcome.
Resolution
Resolution of a lawsuit occurs when the outcome of your case is decided. This may include a settlement or a trial verdict. If the verdict is in your favor, the asbestos product manufacturers may apppeal. This could delay your compensation. If they do not appeal or lose an appeal, you will usually receive payment within a few months.
How Long Does a Mesothelioma Lawsuit Take?
Some mesothelioma lawsuits can be settled within a year, but cases that go to trial may take longer. The time frame depends on where the case is filed, the facts of the case, the exposures and the client’s goals.
Due to the urgent need for compensation in mesothelioma cases, as the disease progresses rapidly, some jurisdictions allow mesothelioma cases to undergo an expedited process.
“Every client’s situation is different. The time that it takes to pursue the lawsuit and resolve it can depend on a number of factors. Where the case is filed, the client’s appetite for litigation, frankly. And so what we do at The Lanier Law Firm is work closely with our client to determine what their goals are for their particular case, and that’s what drives, largely, how long it might take to resolve their case.
There are certain cases that can be resolved within a year, while there are others that might take more than a year. But it really just depends on the facts and circumstances of the case, of the exposures, and the client’s end goals for the case.” – Darron Berquist
What Happens If The Plaintiff Dies Before The Case Is Resolved?
Sam Taylor explains that two things happen if a plaintiff dies after a lawsuit is filed.
“The lawsuit continues to conclusion. A personal representative of the deceased plaintiff’s estate is appointed — usually by a probate court that is handling the administration of the person’s will or estate — and that personal representative proceeds with the lawsuit on behalf of the estate. Settlements or recoveries from the lawsuit are then paid to the estate.
Frequently, we are called or approached by potential clients who have had a family member diagnosed with me mesothelioma and pass away before a lawsuit is filed. So they ask us, ‘Is it too late for us to make a claim?’ And the answer is, ‘No, it’s not.’ There are a couple of different types of causes of action that can be brought, one is a survival action. So that means that the person who passed away has a cause of action even though the person passed away, and it survives his death or her death. And a state rep can bring that cause of action or a family member, and then the spouse and children and loved ones also have wrongful death causes of action, which also can be asserted after the person passes away.” – Sam Taylor
How Much Does It Cost To File an Asbestos Lawsuit?
At The Lanier Law Firm, we believe in leveling the playing field for people who have been affected by the negligence of large corporations. One of the ways we accomplish this is by offering our services on a contingency fee basis, which ensures our services are accessible to anyone who has been injured. Our clients do not pay us unless and until we recover compensation.
Contact the Lanier Law Firm Today for a Free Case Review
Our law firm has been handling mesothelioma cases for over 30 years. During this time, we have built an extensive network that includes the best experts in the country. Our experience has also opened our eyes to the devastation that asbestos-related illnesses bring upon people and their families.
As a result, we truly care for our mesothelioma clients. Mr. Taylor, Mr. Lanier, and the rest of the attorneys and staff at the firm have, in Taylor’s own words, “a common compassion for these people who are stricken with mesothelioma as a result of being exposed to asbestos through no fault of their own.”
Call us today at 800-723-3216 to schedule a free, no-obligation consultation, or contact us using our easy online form.
Mesothelioma Lawsuit FAQs
Below are answers to frequently asked questions about mesothelioma lawsuits.
Are Any Responsible Parties Exempt From Mesothelioma Lawsuits?
The following parties may be partly to blame for your asbestos exposure, but they are exempt from mesothelioma lawsuits:
- The military – You can file a VA claim to apply for VA disability compensation and free mesothelioma medical care.
- Bankrupt asbestos product manufacturers – Bankrupt asbestos companies were required to set up asbestos trust funds in exchange for bankruptcy protection. You may be eligible to file multiple trust fund claims, and these claims do not require filing a lawsuit or going to court.
- Employers covered by workers’ compensation – If your asbestos exposure occurred at work, you may be able to file a mesothelioma workers’ compensation claim. Benefits include partial wage replacement, free medical care for your asbestos-related illness, and death benefits.
What Is The Deadline For Filing An Asbestos Mesothelioma Lawsuit?
Every state has a separate deadline for filing a mesothelioma lawsuit, known as the statute of limitations. This deadline ranges between one to four years in most states, and the clock starts running on the date of diagnosis. It is important to consult with an attorney as soon as possible after diagnosis to ensure you do not miss your opportunity to file a lawsuit.
Will I Have To Travel?
The attorneys at The Lanier Law Firm will never ask you to travel to us, especially when you are in poor health. No matter where you live in the country, our attorneys will happily come to you.
If your case goes to trial, you may be required to be present in court to the extent that your health allows. However, it is always your choice whether to go to trial, and we may be able to have the case tried in a venue that is convenient for you.
Can I Sue if I Have Asbestosis?
Asbestosis is one of the three most common asbestos-related illnesses. The other two are mesothelioma and asbestos lung cancer. They are all injuries that occurred as a result of one or more asbestos manufacturers’ negligence and misconduct. You have the right to file a lawsuit for any of these conditions, including asbestosis.
Can I still File a Mesothelioma Cancer Lawsuit if the Company Responsible Is Gone?
Asbestos manufacturers that are no longer in business have generally either filed for bankruptcy or been purchased by another company.
The companies that filed for bankruptcy cannot be sued, but you can file a claim against the asbestos trust fund each company was required to establish when it filed for bankruptcy.
When one company purchases another company, it inherits the previous company’s liabilities. This is known as successor liability, and it applies to companies that purchased asbestos product manufacturing companies. Our experienced mesothelioma lawyers know where to find these companies.
Contact us today for a free consultation.
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