Mesothelioma Lawsuit
If you have recently been diagnosed with mesothelioma or another asbestos-related illness, you may be entitled to recover substantial compensation from the companies that wrongfully exposed you to asbestos. An asbestos attorney at The Lanier Law Firm can help you file a mesothelioma lawsuit so that you can recover the full amount to which you are entitled.
Mesothelioma lawsuits provide a means to hold large corporations that mined and used asbestos actively concealed its dangers while they knowingly exposed workers and the general public to asbestos and asbestos-containing products accountable for their wrongdoing.
Mesothelioma is a deadly, aggressive cancer that afflicts people who have been exposed to asbestos. According to the most recent statistics by the CDC, 2,911 patients faced this diagnosis for the first time in 2019. During the same year, 2,442 mesothelioma patients died. These numbers do not include the thousands of cases of other asbestos-related illnesses.
The attorneys at The Lanier Law Firm have the skills, experience and dedication to successfully stand up to these corporations and get justice for their victims.
Why should I file a mesothelioma lawsuit?
Mesothelioma is preventable. Taking legal action against the companies responsible for exposing millions of people to asbestos with no regard for their safety holds these companies accountable for their wrongdoing. Mesothelioma lawsuits provide plaintiffs and their families with a sense of justice while deterring corporations from continuing to promote harmful products.
Compensation from a mesothelioma claim cannot restore health or bring back a lost loved one, but it can help a mesothelioma patient access the highest quality health care available. It can also provide long-term financial security for people with mesothelioma and their families.
Types of Mesothelioma Lawsuits
Mesothelioma lawsuits fall into two categories: personal injury lawsuits and wrongful death lawsuits.
Personal Injury Lawsuits
A personal injury lawsuit is filed by an individual who has contracted an asbestos-related illness. The damages that may be recoverable include economic, non-economic and punitive damages.
- Medically Reviewed By: Patricia Shelton, M.D.
- Legally Reviewed By: Darron Berquist
- Last Modified February 6, 2023
Why should I file a mesothelioma lawsuit?
Types of Mesothelioma Lawsuits
Who can I sue in a mesothelioma lawsuit?
The Process of Filing a Mesothelioma Lawsuit
How long does the process take?
What is the deadline for filing an asbestos mesothelioma lawsuit?
What is the average mesothelioma lawsuit settlement?
Economic Damages
Economic damages are verifiable monetary losses that stem from the illness. These types of damages include the following:
- Medical expenses
- Lost wages
- Loss of earning potential
- Lost business opportunities
Non-Economic Damages
Non-economic damages are losses to your quality of life and other intangible losses that cannot be measured quantitatively, including the following:
- Loss of normal life activities
- Pain and suffering
- Loss of consortium (husbands and wives)
- Loss of society
Punitive Damages
Punitive damages are awarded as a punishment against the defendant whose conduct was especially egregious. Punitive damages are not available in all jurisdictions.
Wrongful Death Lawsuits
Wrongful death occurs when a wrongful act or omission results in death. A wrongful death lawsuit can be filed by a personal representative, executor of an estate or an immediate family member of someone who has tragically passed away. Each state regulates eligibility for filing a wrongful death case.
Wrongful death cases are handled similarly to personal injury cases, except that the available compensation varies.
Economic Damages for Wrongful Death
Economic damages in a wrongful death case include the following:
- Medical expenses of the deceased
- Pecuniary losses, such as the decedent’s projected lifetime earnings
- Funeral expenses
- Burial expenses
Non-Economic Damages in Wrongful Death Cases
Non-economic damages in a wrongful death case include losses suffered by the deceased and by the family.
- Loss of companionship
- Loss of consortium
- Loss of guidance
- Loss of support
- Grief of the family
- Pain and suffering of the deceased
Punitive Damages for Mesothelioma Wrongful Death Claims
Punitive damages in wrongful death cases are generally awarded when punitive damages would have been available to the deceased had they lived, but this varies by jurisdiction.
Who can I sue in a mesothelioma lawsuit?
The defendant in a mesothelioma lawsuit is generally the entity that caused or contributed to your asbestos exposure. The mesothelioma lawyers at The Lanier Law Firm perform a detailed investigation into our clients’ exposure histories. In many cases, we find multiple sources of exposure, which can include any combination of the following:
- Mining companies
- Manufacturers of asbestos products
- Employers
- Distributors
- Retailers
Are any responsible parties exempt from mesothelioma lawsuits?
There are a few entities that are exempt from mesothelioma lawsuits.
The Military
If your mesothelioma exposure occurred during your military service, you cannot sue the military. However, you may have a case against the manufacturers and distributors that supplied asbestos-containing materials to the military. You may also be eligible to file a claim for free VA health care and VA disability compensation.
Bankrupt Companies
Several companies reorganized under Chapter 11 bankruptcy when they became overwhelmed by their asbestos-related liabilities. These companies were required to establish trust funds to ensure mesothelioma victims receive compensation.
If you were exposed to asbestos through the fault of these companies, you can file a trust fund claim, but these companies are exempt from asbestos lawsuits under bankruptcy protection laws.
Employers Covered by Workers’ Compensation
Workers’ compensation is a no-fault insurance policy that protects employers from liability for occupational injuries and illnesses. If your employer’s workers’ compensation policy covers your asbestos-related illnesses, you cannot file a lawsuit against the employer. However, you may be able to file a workers’ compensation claim for free medical care, partial wage benefits and death benefits.
The Process of Filing a Mesothelioma Lawsuit
Mesothelioma lawsuits follow a process that requires meticulous attention to detail during each step. Mesothelioma defendants are generally large companies with experienced lawyers who are paid substantial retainer fees to derail your case.
The experienced, specialized mesothelioma attorneys at The Lanier Law Firm are well-prepared to thwart these attempts and keep your case moving forward.
Case Investigation
The case investigation occurs prior to formally filing your lawsuit. This investigation must be thorough to ensure that all sources of exposure are identified and that the legal team is able to anticipate the liable parties’ defense.
Many of our clients are shocked by their diagnosis because they were unaware of having been exposed to asbestos.
According to Mark Lanier, your legal team will walk you through potential exposure in all areas of your life and work.
“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.”
In addition to our comprehensive database, we rely on private investigators to find secret and public documents and other data that will help us prove your case. We work closely with each client to ensure we have a complete testimony on their behalf. The investigation may take significant time, but it is key to maximizing compensation.
Case Filing
As soon as we have all the information we need to build the strongest case possible, we file your case in the jurisdiction that best serves your interests. Once your case is filed, the defendant must be served a copy of the petition. If multiple defendants have been identified, all must be served before the next step can commence.
“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.” – Sam Taylor
Response by the Defendant
The defendant has a right to file a response upon being served. Asbestos defendants are not generally amenable to paying compensation and can be expected to resort to several tactics to minimize compensation or avoid paying it altogether.
Motions to Dismiss
Large corporations responsible for harming people almost routinely move to dismiss cases based on groundless procedural claims, including but not limited to the following:
- Challenges to the selected venue
- Claims that the statute of limitations has expired
- Any technicality they can find
In most cases, defendants are aware that these motions will be denied. Filing frivolous motions is a stall tactic, which large corporations use in hopes that you will die or give up before your case resolves. Our experienced mesothelioma attorneys are skilled at thwarting these tactics and ensuring your case moves forward expeditiously.
Deflecting Responsibility
Asbestos company executives are more committed to keeping their money in their pockets than doing the right thing. As a result, they will do their best to shift the responsibility elsewhere, even onto the victims themselves. Therefore, our attorneys are well-prepared for companies to resort to the following:
- Claims that your asbestos-related illness is your fault
- Claims that your genetics are to blame for your mesothelioma
- Claims that someone else is liable
Eventually, the judge will make a ruling that will require the case to move forward. At this point, the case moves to the discovery phase.
Discovery
During the discovery process, plaintiffs have the opportunity to force defendants to provide additional evidence, according to Cornell Law School. This process also gives defendants the right to obtain information that can help their own case.
Depositions
Cornell Law School defines a deposition as a “witness’ sworn out-of-court testimony.” Depositions are usually given orally while the only parties present are the deponent, the lawyers and a person authorized to administer oaths. While testimony given during a deposition is not generally admissible in court, it can be used against you.
The primary motivation for conducting a deposition is most often to gather information to determine whether the case should settle.
Settlement Negotiations
After the discovery process is complete, settlement negotiations begin. Some companies may quickly offer a settlement early in the case before the discovery process is completed, but these early settlements tend to fall short of reasonable compensation, given the circumstances.
Defendants who recognize their responsibility are more likely to offer fair and reasonable settlements. Our lawyers recommend that our clients accept these settlements, but the decision always rests with the client. If you want to take your case to trial, our law firm is well-prepared to do so.
About 90 to 95 percent of mesothelioma cases settle nationally. This number may be a little higher with The Lanier Law Firm because of its reputation.
“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.
If your case settles, it will not go to trial.
Trial
During the trial, both sides present witnesses and oral arguments before a judge or jury, usually a jury. The litigation skills of your attorney are crucial for a successful outcome at trial. Defendants’ attorneys will set out to prevent crucial evidence from being presented, discredit expert witnesses and change the narrative to make the defendant appear to be the victim.
While many law firms urge clients to settle because they are not confident they can win at trial, The Lanier Law Firm has a long track record of success and a reputation that makes defendants afraid to face us at trial. Our attorneys have received such accolades as the following:
- Most Impressive Plaintiff Verdict
- Trial Lawyer of the Year (Mark Lanier)
- Elite Trial Lawyers Award (Mark Lanier)
During the trial, each side will offer opening arguments, present witnesses, cross-examine witnesses and present closing arguments. The jury then issues a verdict in favor of the plaintiff or the defendant. As it becomes clear that the plaintiff has a strong case that seems to be convincing the judge or jury, the defendant may offer a settlement before the trial concludes.
“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
Resolution
The resolution is the outcome of the case, which can occur in the form of a settlement agreement or a post-verdict award.
Appeal
If your case has settled, the documents are finalized, and your case moves to the recovery stage. If you won at trial, there remains a possibility that the defendant will appeal. In these cases, recovery of compensation is delayed. An appellate judge can reverse the verdict, uphold the verdict or order a new trial.
Appeals will generally continue until a higher court refuses to hear the case or, in extremely rare cases, the U.S. Supreme Court issues a ruling. After appeals are exhausted, the recovery process can begin.
Recovery
During the recovery process, mesothelioma attorneys collect the proceeds from the defendants and disburse them. If your medical providers have imposed liens against your settlement, these are paid prior to disbursement. The attorney recovers attorney fees, and the remaining funds are disbursed to the plaintiffs.
In wrongful death cases, the proceeds must be disbursed according to state wrongful death statutes and intestacy (dying without a will) laws.
How long does the process 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, managing attorney of the asbestos litigation section in the Houston office, 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 estat