Asbestos Mesothelioma Lawsuit

In the past, asbestos was hailed by many for its heat-resistant and insulating properties. In contrast, it is now known for its deadly health effects. Prolonged exposure to the fibers of this mineral has been linked to a rare and aggressive form of cancer called mesothelioma.

Fortunately, both governments and legal systems around the world are aware about the harm caused by asbestos exposure. That’s why they have established mechanisms for victims to seek justice and compensation through asbestos mesothelioma lawsuits. For anyone who is a victim or for those who are interested in this case, keep reading.

Kinds of Asbestos Mesothelioma Lawsuits

There are several kinds of asbestos mesothelioma lawsuits, as follows:

• Personal injury lawsuit

Those who are suffering from mesothelioma can file a personal injury lawsuit. In the lawsuit, they can mention various companies that are responsible for exposing them to the mineral. The basis for liability in the lawsuit is the failure of the company to warn both employees and consumers about how dangerous asbestos is. They will be able to get compensation for their injury if the lawsuit is successful.

• Wrongful death lawsuit

The family member of a deceased mesothelioma patient can file a wrongful death claim. The compensation given includes medical bills, funeral expenses, lost income and past pain and suffering. If a patient filed a personal injury lawsuit but they left the world forever before everything was done, it is possible for the claim to be converted to wrongful death, meaning the family member can continue pursuing the claim.

• Mesothelioma class action lawsuit

Mesothelioma class action lawsuit is when multiple victims that have diseases related to asbestos file a lawsuit together. If it is successful, the compensation will be divided equally. This kind of lawsuit makes it easy for a court to resolve a number of cases at once. While it sounds good, a number of mesothelioma litigation experts believe that it is not the best option for those who are suffering from this cancer. In the past, patients received much less compensation compared to the other two types of lawsuits.

Read also: Top Mesothelioma Law Firms in the U.S.

The Ones Who Are Eligible to File an Asbestos Lawsuit

It is possible for you to file an asbestos exposure lawsuit if you are one of the followings:

• Someone who is suffering from a disease that is related to asbestos, such as mesothelioma or lung cancer
• Spouse, child, family member, or loved one of the person mentioned above
• Representative of someone mentioned above after their passing

Reasons to File an Asbestos Mesothelioma Lawsuit

There are a number of reasons why you should file an asbestos lawsuit for mesothelioma. Some of them include:

1. Get compensation to pay medical expenses of the victim
2. Hold companies who have sold asbestos, made products that required the use of asbestos, or manufactured products that contain asbestos in it accountable
3. Provide financial security for the family of the victim

Method to File a Mesothelioma Lawsuit

Usually, mesothelioma lawsuits follow the same legal process, even though some of them may be different. The steps to follow to file an asbestos lawsuit include:

1. The first thing to do is to choose an attorney, just like any other lawsuits. It is better for you to choose the one who specializes in mesothelioma and related kinds of injury lawsuits.
2. After finding the right attorney, they will investigate your claim and determine the next steps to take. You will get advice on how to proceed based on the facts of your case.
3. Sometimes, the case will end here if the attorney has reached an agreement with defendants. Basically, it is done before the lawsuit is even filed.
4. In case the settlements offered by the defendants don’t satisfy you and your attorney, your case will move into pretrial and discovery. When the pretrial phase is on-going, both the attorney that represents you and the defendants will make motions to determine the parameters of the case and how discovery will work. Talking about discovery, it involves both of them. They will exchange information with one-another. It is counted as a trial process. During this phase, both sides should show documents so that they can prepare for trial.
5. The process of trial can vary depending on the place you file a claim. As for the results, they depend on a few things, such as your history of asbestos exposure, the state where you file the lawsuit, your medical records, and so on. If the trial is won by you and the defendant does not show up, you will get payments several months after the verdict.
6. In case you win the trial, the other side may file an appeal. If it is the case, the payments will be delayed. If the defendants lose the appeal, they will not have to pay the payment. If they win it, they may have to pay a lesser amount or don’t have to pay for anything.
7. If the trial is won by you and the defendants don’t want to file an appeal, you will usually get paid within several months after the verdict.

Asbestos Mesothelioma Lawsuits Settlements and Verdict

According to 2019 Mealey’s Litigation Report, The New York Times, the average mesothelioma settlements and verdicts is as follows:

• Average mesothelioma settlement: $1 million – $2 million
• Average trial verdict amount for mesothelioma: $5 million – $11.4 million
• Largest mesothelioma verdict: $250 million (in 2003)

It is worth noting that the actual amounts vary depending on the details of the case.

Companies Known for Asbestos Exposure Lawsuits

Here are the companies that may have sold asbestos, made products that required the use of asbestos, or manufactured products that contain asbestos in it:

Alternatives to Asbestos Mesothelioma Lawsuits

Sometimes, filing a lawsuit may not be the best option for the patients with mesothelioma who are wishing to get compensated financially. The good news is that there are some alternatives to mesothelioma lawsuits, including:

• Asbestos trust funds: Apparently, a few asbestos companies were ordered by the court to establish bankruptcy trusts in order to compensate those harmed by their products. More than $30 billion is ready to compensate current and future mesothelioma victims.
• VA claims: A lot of people who have been diagnosed with mesothelioma are veterans. If they get this disease when they were still active in the U.S. military, it is possible for them to get veterans benefits through the U.S. Department of Veterans Affairs or VA.
• Government programs: Those who are suffering with mesothelioma can try to access financial assistance through a few programs such as Medicaid, Medicare, and Social Security Disability Insurance or SSDI.

Conclusion

In conclusion, asbestos mesothelioma lawsuits can be a tool to seek justice and compensation for those who have suffered due to asbestos exposure. Those who have suffered due to such a disease are recommended to file a lawsuit to hold manufacturers and employers accountable for their negligence while at the same time getting compensation for them and their family members.

Tia Varborough

A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.