Mesothelioma Lawsuits
Mesothelioma lawsuits are legal actions initiated by victims of asbestos exposure and their families after receiving a mesothelioma diagnosis, targeting the asbestos companies responsible for their exposure.
Most mesothelioma lawsuits end in settlement, with an average settlement amount of $1 million to $1.4 million. For cases that go to trial, the average verdict ranges from $5 million to $11.4 million, with many awards going even higher.
See If You Qualify NowIn many cases, there can be a long gap — often decades — between when someone is exposed to asbestos and when they’re diagnosed with mesothelioma. This delay makes it challenging to hold the responsible companies accountable.
Asbestos lawyers possess the expertise and resources necessary to assist clients in seeking financial compensation.
A skilled lawyer can help you pursue financial compensation while managing all aspects of filing, case preparation, and negotiations with the opposing party.
Key Information
- Paying for Treatment: Money awarded through mesothelioma lawsuits can help you pay for expensive treatments and travel costs, compensate for lost wages, and create lasting financial security for you and your loved ones.
- Average Compensation: Mesothelioma settlements average between $1 million and $1.4 million, and mesothelioma trial verdicts range from $5 million to $11.4 million, although larger verdicts are possible.
- Family Members: The dependents of a deceased asbestos exposure victim may be eligible to file a wrongful death lawsuit on their loved one’s behalf.
- Payout Timeline: Although payout timelines for lawsuits are highly variable, mesothelioma patients can sometimes see compensation in less than 90 days.
- Eligibility: A mesothelioma lawsuit requires only a diagnosis supported by medical proof and a documented connection to one or more asbestos companies.
How Filing a Mesothelioma Lawsuit Can Help You & Your Family
Mesothelioma is an expensive diagnosis. During the first year of treatment alone, mesothelioma patients could owe up to $400,000 in medical bills. In addition to being costly, treatment is often aggressive, leaving patients unable to work and their loved ones acting as caregivers.
The physical, financial, and emotional stresses of a mesothelioma diagnosis are very real, and families going through this ordeal often need the kind of compensation provided by a lawsuit.
Compensation awarded through a mesothelioma lawsuit can help cover past and future medical care, travel expenses, and lost income. Juries may also award compensation for pain and suffering or punitive damages to punish at-fault companies for the harm they caused.
Seeking compensation through a lawsuit not only helps to meet immediate needs and secures future stability for your family, but it can also help others. By filing a lawsuit, victims hold asbestos companies accountable for their negligence.
Future mesothelioma victims and their families can benefit from precedents set by successful lawsuits.
Eligibility Requirements for Filing a Mesothelioma Lawsuit
If you or someone you love has been diagnosed with mesothelioma, you may be eligible to file a lawsuit to pursue compensation.
Asbestos exposure is the only known cause of mesothelioma. Anyone with a diagnosis and a provable link to one or more asbestos companies may have grounds to file a mesothelioma lawsuit.
In some cases, the family members and loved ones of asbestos exposure victims may also qualify to take legal action.
The following are among those eligible to file mesothelioma lawsuits:
- Mesothelioma patients
- The patient’s spouse or life partner
- The patient’s children (including stepchildren)
- The patient’s parents or grandparents
- A financial dependent (depending on state law)
- The victim’s estate (through the personal representative, will executor, or administrator)
Family Members & Loved Ones
Mesothelioma is a rare and aggressive cancer, and many victims unfortunately do not live long enough to pursue legal compensation themselves. However, the death of a mesothelioma patient does not absolve the companies responsible for their asbestos exposure.
Family members and loved ones may be eligible to file a wrongful death claim against at-fault asbestos companies and receive compensation to help cover medical bills, funeral costs, and lost income.
Family members of asbestos industry workers may also suffer from secondary exposure and develop illnesses. In such cases, it’s especially important to seek the help of an experienced mesothelioma attorney who can assist in building a strong case.
“Secondary asbestos exposure can happen when asbestos dust or fibers — easily clinging to hair, skin, and clothing — enter the homes of asbestos workers. For instance, the spouse or family members of a pipefitter could be exposed when handling contaminated work clothes or using a shared vehicle for work.”
– Samuel Meirowitz, Attorney
Documentation Needed to File a Mesothelioma Lawsuit
Anyone filing a mesothelioma lawsuit must provide diagnostic information and supporting documentation, including:
- Medical records confirming a mesothelioma diagnosis
- Employment history to demonstrate exposure to asbestos
- Witness statements or affidavits that support exposure claims
- Documentation of medical expenses and related costs
- Proof of lost wages or diminished earning capacity
- Any previous claims or settlements related to asbestos exposure
If the company responsible for the asbestos exposure has filed for bankruptcy, a qualified mesothelioma lawyer can assist with submitting a trust fund claim instead of a lawsuit. If the exposure occurred outside the patient’s home state, filing a lawsuit may still be possible.
Types of Mesothelioma Lawsuits
If you’re thinking about filing a mesothelioma lawsuit, it’s essential to understand your options. Victims of asbestos exposure and their families often have multiple types of lawsuits to choose from.
An experienced mesothelioma lawyer can guide you in selecting the most suitable option based on your exposure history and current situation.
Regardless of your chosen route, it’s important to note that only about 5% of mesothelioma lawsuits reach trial. The remaining 95% result in a settlement.
Type of Mesothelioma Lawsuit | Definition |
---|---|
Personal Injury | Living victims bring personal injury lawsuits against the companies responsible for their asbestos exposure. |
Wrongful Death | Dependents of victims who have passed away file wrongful death lawsuits against at-fault asbestos companies. |
Class Action | No longer commonly used, class action lawsuits are filed on behalf of a “class” of people who were all exposed by the same company under similar circumstances. |
Mesothelioma Personal Injury Lawsuit
Mesothelioma is caused exclusively by asbestos exposure. Through personal injury lawsuits, individuals diagnosed with mesothelioma can pursue compensation from companies that mined, manufactured, or distributed asbestos-containing products.
These claims hold manufacturers accountable for their harmful actions. Despite knowing the dangers of asbestos, these companies continued its use to protect their profits.
Award amounts in mesothelioma personal injury lawsuits can vary significantly depending on the individual circumstances of each case.
Some factors that can influence personal injury compensation amounts include the victim’s:
- Age
- Marital status
- Number and age of dependents
- Disease type and stage
- Disease severity
- Treatment costs
- Work history
- Asbestos exposure history
- Evidence presented to the court
- Lost income
- Number of defendants in the lawsuit
- Pain and suffering
- Travel expenses
Recent Personal Injury Awards
- A California couple won a $43 million jury award in a personal injury claim against Algoma Hardwoods in May 2022. The jury found Algoma Hardwoods was liable for secondhand asbestos exposure that led to a mesothelioma diagnosis.
- A Louisiana man won a $36.7 million award in June 2022 from a personal injury case against Level 3 Holdings, Inc. (once known as Peter Kiewit Sons’ Co.) and 20 other companies. The jury found that the man was exposed to asbestos in the 1960s and 1970s while working as a welder and pipefitter.
- A California woman won $52.1 million in a lawsuit against Avon in 2022. The plaintiff was exposed to mesothelioma through asbestos-contaminated cosmetics and talcum powder made by Avon.
- A couple in California won a lawsuit against Johnson & Johnson (J&J) in 2019 after connecting the wife’s mesothelioma diagnosis to two J&J talc products distributed in the 1960s and 1970s. The jury awarded the couple $29.4 million.
- In 2020, a drywaller in Washington was awarded $13.9 million in a suit against Kaiser Gypsum and other asbestos manufacturers.
Mesothelioma Wrongful Death Lawsuits
Mesothelioma wrongful death lawsuits are filed by the estate of a deceased mesothelioma victim on behalf of their surviving dependents. Compensation from these claims can help cover lost income, medical bills, funeral expenses, and other related costs.
Depending on the state, many different people may be eligible to file a wrongful death claim, including:
- Spouse
- Children or stepchildren
- Parents
- Grandparents
- Siblings
- Long-term partner
If a mesothelioma victim passes away before their personal injury lawsuit is resolved, the lawsuit may be converted into a wrongful death claim. In these cases, the court typically appoints an estate representative to continue the case on behalf of the deceased.
When a mesothelioma wrongful death claim is settled, compensation is first paid to the deceased’s estate. After any debts are cleared, the remaining funds are distributed according to the terms of the deceased’s will.
Recent Wrongful Death Awards
- The family of a New York construction worker was awarded $15 million in July 2022 after a jury found Kaiser Gypsum responsible for his mesothelioma diagnosis. The man, exposed to asbestos from the 1960s through the 1980s, died in 2019.
- A Florida jury awarded $18 million to the family of a British marine engineer exposed to asbestos while working aboard Royal Fleet Auxiliary ships in the 1960s. In May 2022, the jury found that American-made asbestos products were the cause of the man’s asbestos exposure and subsequent death in 2015.
- The wife of an automotive enthusiast who developed mesothelioma due to asbestos-contaminated car parts was awarded $82 million after he passed away in 2015.
- The family of Mark Lopez, who grew up near the Union City Sugar Refinery owned by Hillshire Brands, won $13 million in 2018 after he died of mesothelioma brought on by secondary asbestos exposure.
- In 2018, a jury in Manhattan awarded $60 million to the children and girlfriend of a construction worker exposed to asbestos through demolition work in the 1970s and 1980s
Mesothelioma Class Action Lawsuits
When a group of people with similar asbestos injuries and case circumstances file a lawsuit together, the result is a mesothelioma class action lawsuit.
Class action lawsuits often involve hundreds or thousands of victims. These victims are bound by the lawsuit’s results, regardless of their participation in or awareness of the legal proceedings. Because of these limitations, most mesothelioma lawsuits are no longer handled this way. Instead, victims usually opt for individual lawsuits.
Multidistrict litigation (MDL) lawsuits are similar to class action lawsuits. For a case to become an MDL, many individuals file similar lawsuits — based on similar facts and circumstances — and the judge hears all the related cases together in federal court.
MDL proceedings allow multiple plaintiffs to pool their resources and coordinate efforts, decreasing the money and resources needed. MDL mesothelioma lawsuits are rare.
Recent Class Action & MDL Awards
- About 2,300 Southeast Texas chemical plant, shipyard, and refinery workers diagnosed with asbestos-related diseases between 1985 and 1987 were awarded $178 million in 2018. Only about 70 victims remained alive at the time of the award.
- MDL 875 in the Eastern Pennsylvania District of the U.S. District Court includes nearly 187,000 mesothelioma cases as of 2019. It is the largest MDL in the nation.
- In the 1970s, 445 former Pittsburgh Corning employees who had all worked at the company’s Tyler, Texas plant filed a class action lawsuit against their former employer. The lawsuit was settled for $20 million in 1977.
Statute of Limitations & Timelines
Anyone diagnosed with asbestos-related cancer can file a lawsuit against the companies responsible for their exposure, but time is critical.
The statute of limitations — the period allowed to file a mesothelioma lawsuit — begins at the time of diagnosis or death. Delaying action can jeopardize the opportunity to receive compensation for those affected by asbestos-related illnesses.
For each type of mesothelioma case, the countdown clock for the statute of limitations begins at different times:
- Personal injury: The statute of limitations begins after a diagnosis for personal injury asbestos cancer claims.
- Wrongful death: For wrongful death mesothelioma claims, the statute of limitations starts immediately after the patient’s death.
The statute of limitations varies widely depending on the state where the suit is filed and the type of lawsuit.
In the United States, the average statute of limitations in a mesothelioma case is 2 to 3 years, although the full range is 1 to 6 years after diagnosis in personal injury cases and 1 to 3 years after death for wrongful death claims.
Some states are exceptions to the general rule. Maine and North Dakota allow claims to be filed up to six years after diagnosis and two years after death. Kentucky and Louisiana only allow claims to be filed for a year after diagnosis or death.
“If you or a loved one has been diagnosed with mesothelioma, it’s important to reach out to a lawyer as soon as possible. The statute of limitations is typically between 2 and 3 years following diagnosis, depending on the state. Once the limit has passed, you may have significantly fewer options for compensation”
– Samuel Meirowitz, Attorney
What to Expect With a Mesothelioma Lawsuit
Most people could never imagine needing to sue a major corporation for actions that occurred decades ago. However, this daunting prospect is a reality for many mesothelioma patients and their families.
Getting an expert on your side — someone who understands the filing process, knows how to gather the necessary documentation, and is comfortable negotiating for maximum compensation — can help take the anxiety out of filing a mesothelioma lawsuit.
An experienced mesothelioma lawyer can ease your stress and help maximize your potential compensation, providing the support and resources you need to focus on your health.
Step 1. Choose an Attorney and Schedule a Free Consultation
Consulting with an experienced mesothelioma attorney offers victims and their families crucial guidance on their next steps while allowing the attorney to gather critical details for building a strong case.
During the consultation, victims share important information about their occupational exposure, diagnosis, and any other relevant details. The more specifics you can provide, the stronger your case may be.
The skilled mesothelioma attorneys at Meirowitz & Wasserberg, our partner law firm, leverage extensive experience and advanced tools to identify all parties responsible for your asbestos exposure. We offer free consultations and charge fees only if your case is successful.
Quick Tip: Write down questions before you first consult with your attorney and bring a trusted friend or family member. Ask that person to take notes.
Step 2. Build and Review Your Case
Based on information gathered during the consultation, attorneys begin collecting documentation to support your claim. This process, known as discovery, helps establish a link between the victim’s illness and asbestos exposure.
Typical documentation includes:
- Employment history
- Military records
- Medical documentation (showing proof of illness)
- Witness statements (from coworkers, family members, friends, and others)
- Documentation linking the victim to at-fault companies, like:
- Paystubs
- Sales records
- Construction records
Quick Tip: Ask friends and family if they remember anything from the time. Use social media (like Facebook) to find former coworkers or their family members and get more details about possible exposure.
Step 3. Consider Trust Settlement Options
A skilled mesothelioma lawyer thoroughly examines all avenues for financial recovery, including compensation from asbestos trust funds.
These trusts have been established by companies that have acknowledged their liability for asbestos-related injuries, enabling eligible victims to receive compensation. Experienced lawyers can help connect victims with the appropriate trust funds.
Step 4. File Your Lawsuit
If some of the companies responsible for your asbestos exposure do not have established trust funds, your lawyer may recommend filing a lawsuit. The lawsuit claim details the exposure, injuries, and victim and witness information.
Once the lawsuit is filed, your attorney will manage the legal proceedings from this point forward. In most cases, asbestos companies do not want the publicity of a trial and will offer a settlement.
If a settlement cannot be reached, a mesothelioma attorney consults with the client to determine if a trial is in the best interest. Attorneys only proceed with a full trial with the victim’s consent.
Quick Tip: Never neglect medical treatment while pursuing a mesothelioma lawsuit. Trust your attorney to handle the details of the case.
Step 5. Response and Discovery
Once the lawsuit is filed, each defendant named in the claim will receive a copy of the lawsuit. In most states, defendants have 30 days to respond.
Typically, defendants may attempt to deny the claim and shift blame onto another party responsible for the asbestos exposure. Your attorney will manage any responses from the defendants.
Lawyers from both sides will request answers to written questions, relevant documentation, and depositions. The mesothelioma victim may need to answer deposition questions via video, which can be conducted from home under the guidance of an attorney.
Step 6. Settlement or Trial
Once the mesothelioma lawsuit process begins, many defendants may offer to settle out of court. Your attorney will negotiate the settlement on your behalf, but you are not obligated to accept the first offer.
Rejection of this initial offer often leads to a second proposal from the defendant. At that point, you and your attorney will decide whether to proceed to trial or accept the settlement.
If you decide to go to trial, which is rare, your presence may not be required. The trial process will vary depending on the state in which you file. Trials can take years to resolve, particularly if either party appeals the initial verdict.
Compensation is awarded at the discretion of the judge or jury. The amount is usually determined by the plaintiff’s history of asbestos exposure, medical history, and state regulations, but there can be significant variation.
Compensation Expectations From a Mesothelioma Lawsuit
Mesothelioma settlements average between $1 million and $1.4 million, and mesothelioma trial verdicts range from $5 million to $11.4 million. The total value of a claim is based on several factors, such as the patient’s age, occupation, number of dependents, and military service.
Most mesothelioma lawsuits end in a settlement. Settlement packages may also include provisions for ongoing medical care and other concessions tailored to the plaintiff’s needs.
Fact
In 2003, Roby Whittington, a 70-year-old former U.S. steelworker, won the largest-ever trial mesothelioma case for $250 million. The defendant vowed to appeal the verdict but later settled out of court for an undisclosed amount.
Choosing a Mesothelioma Lawyer
A mesothelioma attorney serves as an advocate for their clients, managing research, filing, negotiation, and other critical tasks. While hiring an attorney is not mandatory to pursue compensation, a specialized mesothelioma lawyer can streamline the lawsuit process, reducing stress and maximizing potential compensation.
When looking for a mesothelioma lawyer, consider:
- Personal expertise: Is mesothelioma the lawyer’s primary litigation focus? Do they have a proven track record of success in and out of the courtroom? What kind of settlements and verdicts have past clients received?
- Team specialty: Does their firm specialize in asbestos litigation? What kind of resources and support can the lawyer access through their team?
- Consultation and fees: Does the lawyer offer a free consultation to prospective clients? Do they work on a contingency basis — meaning they don’t get paid unless their clients win — or do they demand money up front?
Mesothelioma attorneys are skilled at crafting compelling legal arguments and vigorously advocating for their clients. It’s essential to choose an attorney who prioritizes the victim’s best interests.
“When hiring a lawyer, choose someone with a contingency-based fee structure. Lawyers working on a contingency basis are not paid unless their clients win.”
– Samuel Meirowitz, Attorney
Our Partner Firm: Experts in Mesothelioma Lawsuits
The lawyers at Meirowitz & Wasserberg have helped their clients recover over $500 million in settlements and trial verdicts.
The firm has handled over 2,000 mesothelioma cases, with the partners, Sam Meirowitz and Daniel Wasserberg, taking personal responsibility for more than 300 of them.
With over 30 years of combined experience in asbestos and mesothelioma litigation, Meirowitz & Wasserberg is dedicated to helping clients secure the compensation they deserve.
Attorneys offer free consultations and operate on a contingency basis, ensuring you can access quality legal support without upfront costs.
The lawyers at Meirowitz & Wasserberg are skilled in filing lawsuits against active asbestos companies and can assist you in pursuing additional compensation through asbestos trust funds, benefits from the U.S. Department of Veterans Affairs (VA), workers’ compensation, and other avenues.
How to Find the Best Law Firm
Many leading mesothelioma attorneys work with premier law firms across the country, which have strong reputations and robust financial backing. This allows them to access the best resources available for their clients.
Most reputable firms operate on a contingency basis, meaning they only get paid if you win your case, and they strive to minimize client stress throughout the legal process.
When seeking an asbestos law firm, consider the following factors:
- The firm’s history and ethical background
- The types of cases the firm accepts and their rationale for doing so
- The firm’s track record in asbestos-cancer litigation
- The number of mesothelioma cases the firm has handled, including lawsuits and trust fund settlements
- The outcomes of these cases and the time taken to achieve them
- The firm’s communication practices with clients and the types of information shared
Mesothelioma victims deserve a law firm that prioritizes regular communication and transparency.
History of Mesothelioma Lawsuits
Mesothelioma litigation began in the 1960s when medical professionals confirmed a link between asbestos exposure and mesothelioma.
Today, asbestos litigation is the longest-running mass tort in the United States, with thousands of injured people filing similar lawsuits against similar defendant companies.
1964 – Doctors Discover the Connection Between Asbestos & Cancer
Three prominent scientists — Drs. Irving J. Selikoff, Jacob Churg, and E. Cuyler Hammond — discovered a connection between asbestos exposure and severe lung disease.
Asbestos workers had been dying from lung diseases for decades, but the industry refused to acknowledge it and even worked to suppress research.
1965 – Tort Law Opens the Door to Asbestos Litigation
The American Law Institute published the Restatement of the Law of Torts, which states that sellers of defective and dangerous products are “liable for the harm caused by that product to the consumer or end user.” The publication further stated products “accompanied by proper directions and warning” were excluded from the tort ruling.
The Law of Torts opened the way for asbestos litigation when applied to mesothelioma cases. The courts determined that because asbestos manufacturers knew about the dangers of their products but didn’t warn workers and consumers, they have legal liability for the resulting injuries.
1966 – Asbestos Litigation Begins
Claude Tomplait, a refinery worker diagnosed with asbestosis, filed the first asbestos lawsuit against Fibreboard Paper Products Corp. and ten other asbestos-insulation manufacturers. The jury deliberated a week before finding in favor of the defendant companies.
1969 – Borel vs. Fibreboard Paper Products
Clarence Borel, an insulation worker who developed mesothelioma, filed an asbestos lawsuit against 11 companies, including Johns-Manville, Fibreboard Paper Products, and Owens Corning Fiberglas. Borel ultimately won a nearly $80,000 verdict but died before the victory.
1980 – Asbestos Litigation Expands
With Borel’s courtroom success, more asbestos workers began turning to tort litigation for compensation for their injuries.
In the early 1980s, the nonprofit RAND Institute for Civil Justice began analyzing mesothelioma litigation data. The organization found that about 730,000 people in the United States filed asbestos-related compensation claims through 2002, costing insurance companies and businesses about $70 billion.
RAND noted the total number of companies sued increased from 300 in 1982 to 8,400 in 2002. By 2013, the number of defendant companies increased to more than 10,000.
2020 – Asbestos Litigation Moves Online
During the height of the COVID-19 pandemic, asbestos attorneys moved to online teleconferencing to continue helping victims of asbestos exposure.
Mesothelioma attorneys now frequently use technology such as online consultations, video calls, and e-signatures to assist clients in filing legal claims, ensuring that health issues do not hinder their ability to meet deadlines. Terminally ill patients are often given priority for having their cases heard.
Start Your Mesothelioma Lawsuit Today
If you or a loved one has developed mesothelioma due to corporate negligence, the experienced team of mesothelioma attorneys at Meirowitz & Wasserberg can help.
Meirowitz & Wasserberg offers free consultations, a contingency-based fee structure, and comprehensive legal services. They’ll take care of all the burdens of research, filing, and negotiation, allowing you to focus on your health and family while seeking the maximum possible compensation for you.
If you or a loved one has received a mesothelioma diagnosis and would like to explore your compensation options, contact us today to schedule a free consultation with an expert mesothelioma lawyer.
Mesothelioma lawsuits are filed by victims of asbestos exposure, or their loved ones, against the manufacturers responsible for their exposure.
Mesothelioma lawsuits can take anywhere from a few months — if the case ends in a settlement — to years if it goes to trial. If either party decides to appeal an initial trial verdict, the lawsuit can drag on even longer.
Filing a mesothelioma lawsuit gives asbestos-exposure victims access to compensation that can help pay for treatment, living expenses, funeral costs, and more. It also allows victims and their families to hold asbestos manufacturers accountable for their negligence, providing a deterrent against similar actions in the future.
Compensatory damages (meant to replace lost income and cover medical costs) and damages awarded for pain and suffering are not generally taxable. However, punitive damages (awarded to punish defendants) and interest may be subject to taxes.
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