Mesothelioma Lawsuit

Latest Mesothelioma Lawsuit Updates

Mesothelioma lawsuit filings have increased by an average of 1% per year, according to a recent report from the consulting firm KCIC. Overall, in 2023, patients or their family members filed roughly 3,790 asbestos lawsuits seeking justice for related illnesses that could have been prevented.

Status of Asbestos Lawsuits

• October 2024: A judge is allowing Johnson & Johnson’s third attempt at bankruptcy to proceed in Texas. Thousands of people claim the company’s talc-based products caused their cancer diagnoses. Bankruptcy would allow J&J to settle claims without going to trial.
• August 2024: A Chicago area mesothelioma survivor is awarded $24.4 million in a talc case against Avon. Cipriano Ramirez was exposed to asbestos while working as a janitor at Avon’s manufacturing facility in Morton Grove, Illinois, in the 1980s. 

Asbestos lawsuits serve a dual purpose. First, they hold companies accountable for exposing workers and consumers to asbestos. Second, they help asbestos disease patients take care of medical bills and other expenses related to their cancer.

Why Should Someone File a Mesothelioma Lawsuit?

One of the financial benefits of a successful asbestos lawsuit includes helping with the significant costs of mesothelioma treatment for you and your family. Mesothelioma lawsuits may also compensate you for pain and suffering. 

Beyond covering steep medical bills, mesothelioma compensation may also help families with related expenses such as caregiving and travel. Your lost wages or loss of future income may also be covered. 

Key Facts About Mesothelioma Lawsuits

1. Mesothelioma trials can result in multimillion-dollar verdicts.
2. Many cases settle out of court for average mesothelioma settlements of $1 million to $2 million.
3. Patients diagnosed with mesothelioma may file a personal injury claim.
4. Families who lost a loved one to mesothelioma may file a wrongful death claim.
5. Deadlines limit when you can file claims. Mesothelioma lawyers can help you if you are eligible.

Peritoneal mesothelioma survivor Tamron Little felt that filing a lawsuit brought justice. “If you just found out that you have mesothelioma, I would say that it would be a good idea to seek out compensation,” Little shared. “Find out the best lawyer for your case, because it is a way of us seeking justice. We have to hold them accountable for something.”

Many asbestos manufacturers were aware of the health risks but failed to protect workers and consumers. A lawsuit becomes a powerful tool in seeking justice. A qualified asbestos attorney can help you decide whether to pursue a lawsuit and can guide you through the process. Their expertise can help you receive monetary damages that may build you a more secure financial future for your loved ones.

Mesothelioma Survivors Who Have Filed Asbestos Lawsuits

Epifanio Figueroa was exposed to asbestos-containing auto parts during his career in automotive work. He was diagnosed with peritoneal mesothelioma in 2016. Figueroa says filing a claim helped his family immensely. He was able to build a home for himself and his wife and help his loved ones. “It’s actually been a game changer for us. Also, I’ve been able to help my family, which I couldn’t before,” he said. “I have been able to leave a legacy for my kids and my grandkids.”

Kim Madril received a pleural mesothelioma diagnosis in 2019. Her asbestos exposure occurred in art and automotive shop classrooms during middle school and high school. Madril felt nervous about filing a mesothelioma lawsuit. “I was very anxious and scared about it. And in the end, I thought, hey, it wasn’t that bad,” she said. “And I think if you have the right support, the right legal team, if you don’t have any expectations, it makes the process much easier.”

Types of Mesothelioma Lawsuits

A mesothelioma lawsuit is a product liability claim patients and their families can file against companies that manufactured asbestos-containing products. The three most common types of mesothelioma lawsuits are personal injury lawsuits, wrongful death lawsuits and product liability lawsuits.

Mesothelioma patients typically file personal injury lawsuits. Families who lost a loved one may file a wrongful death claim. Both may be considered product injury lawsuits because they involve exposure to asbestos-containing products.

Speaking with patient advocates and legal experts to help you understand your legal options can help. They can share a unique perspective with you about options and top law firms to speak with for initial consultations. As a survivor or family member facing significant health care costs, an asbestos lawsuit may be right for you.

Personal Injury Lawsuit

A personal injury lawsuit is a legal claim filed by a mesothelioma patient. Mesothelioma lawsuits can name various asbestos companies responsible for exposing them to the carcinogenic mineral. If the lawsuit is successful, the mesothelioma patient receives compensation for their injury.

Timing can affect your eligibility for a personal injury lawsuit. Each state has a different mesothelioma statute of limitations, which sets a time limit of typically around 2 or 3 years for a plaintiff to file a lawsuit. The statute of limitations usually begins to run from the date a patient is diagnosed with mesothelioma.

Wrongful Death Lawsuit

A wrongful death lawsuit is filed by the estate of a deceased mesothelioma patient. Money awarded from an asbestos case filed after death may include compensation for medical bills, funeral expenses, lost financial support, loss of companionship and past pain and suffering.

If a mesothelioma patient files a personal injury lawsuit but dies before resolution, it can be converted to a wrongful death lawsuit. The estate can then continue pursuing the mesothelioma lawsuit. The estate is the recipient of any funds awarded in wrongful death lawsuits. 

Product Liability Lawsuit

Mesothelioma lawsuits may be considered product liability claims because they allege an asbestos-containing product caused a personal injury or wrongful death. The areas of product liability law involved in asbestos lawsuits include negligence, strict liability and breach of warranty.

Once exposure to an asbestos product has caused an asbestos-related disease or death, the injured party or surviving loved ones may file a lawsuit. A company’s failure to warn employees and consumers about the hazards of asbestos is often the basis for liability in a lawsuit.

Who Can File a Mesothelioma Lawsuit?

Mesothelioma patients and family members are eligible to file a mesothelioma lawsuit. Anyone interested in filing an asbestos lawsuit must provide documentation proving they or their loved ones were exposed to asbestos and received a mesothelioma diagnosis or other asbestos-related disease.

Documentation demonstrating asbestos exposure may include employment records, co-worker testimony and medical reports. A lawyer who specializes in asbestos litigation can help collect documentation. This includes people who didn’t know their jobs involved asbestos products. Skilled law firms have investigators who research your work history and evaluate other places where you may have been exposed. Evidence to help prove your case is gathered during what’s called the discovery phase. 

You may be eligible to file a wrongful death lawsuit if you’ve lost a loved one to mesothelioma. The estate representative directs if and how such a lawsuit proceeds.

What Could Affect My Eligibility to File an Asbestos Lawsuit?

Timing can affect your eligibility for both asbestos personal injury and wrongful death lawsuits. Each state has a different mesothelioma statute of limitations, which sets a time limit of typically around 2 or 3 years from diagnosis for a plaintiff to file a lawsuit. 

While it’s best to begin your case as early as possible, several factors can impact the statute of limitations for an individual case. Speak with a mesothelioma lawyer about your specific options.

How to File a Mesothelioma Lawsuit

To file a mesothelioma lawsuit, it’s easiest if you find an asbestos attorney who will prepare and file a legal complaint with a court. Your attorney will handle the filing process from start to finish. They will advise the best course of action for your case and communicate throughout the litigation process.

The litigation process may take several months or years. If you’re very sick, your attorney may ask the court to speed the process along. Your attorney will advocate on your behalf throughout each step.

1. Choose an Attorney

An important first step in a successful filing process is choosing an attorney experienced in asbestos cases. Top mesothelioma law firms should provide you with a free consultation to talk about your case and address your legal options. 

You can prepare for an initial consultation with a law firm by gathering relevant information about your diagnosis and asbestos exposure. Don’t worry about recalling all the details now or being able to answer every question. A good mesothelioma law firm will help investigate your asbestos exposure history to aid your lawsuit.

2. Case Review and Preparation

A case review is also called a case evaluation. This is an opportunity for you and the asbestos law firm to learn about each other. How the firm handles the case review process will tell you a lot about how it operates and communicates with clients.

The first steps of a mesothelioma case review can take place virtually or in person. Often, the review begins with a phone conversation between the patient and the asbestos attorney. The attorney will ask broad questions to learn more about the patient’s diagnosis and asbestos exposure.

3. File Mesothelioma Lawsuit

Your attorney will research what lawsuit and asbestos compensation options best fit your individual needs. A skilled attorney will help you prepare all the documentation needed to support your lawsuit. They will handle everything when you file a personal injury lawsuit, a wrongful death lawsuit or a claim with a mesothelioma trust fund.

After gathering relevant information, your attorney will file the lawsuit on your behalf. They will manage the legal proceedings and recommend when to take a settlement offer or negotiate for more compensation.

4. Responses and Discovery

Each defendant in your mesothelioma lawsuit will receive a copy of your complaint. They will have a certain amount of time, usually 30 days, to respond. Defendants rarely admit fault. They often deny allegations and argue against your complaint’s validity. Defendants may contend that someone else is to blame. Your attorney will respond and argue on your behalf.

Lawyers on both sides will gather information about your allegations. Plaintiffs and defendants answer questions, produce documents and take part in depositions. Some of the information may become evidence used at trial. During a deposition, questions are answered under oath. This is often done from the comfort of your own home and under the guidance of your attorney.

5. Settlement or Trial

Before a trial starts, defendants may offer you money to resolve the case. Mesothelioma settlements depend on multiple factors and can influence your decision about whether to go to trial. If you decline a settlement offer, it’s possible the defendant will make another offer. Your attorney will negotiate on your behalf.

Going to trial is rare. Even if a case does go to court, you may not be required to appear. The trial process varies depending on multiple factors. 

Results depend on factors such as your history of asbestos exposure, the state where the lawsuit is filed and your medical history. If you win and the defendant doesn’t appeal, you may start receiving payments a few months after the verdict.

6. Resolution

If you win the trial, asbestos defendants may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days after the verdict. This may delay any monetary award, but defendants will need to post a bond for the amount awarded while the appeal proceeds.

If the defendants lose their appeal, you’ll receive payment. If the appeal is successful, defendants may end up paying a smaller amount or nothing at all.

Notable Mesothelioma Lawsuits

Some of the most notable mesothelioma verdicts have reached and exceeded tens of millions of dollars. The average asbestos verdict in 2023 was $20.7 million based on an analysis of legal cases that year. If your case proceeds to trial, there is a possibility of reaching a settlement. Most cases are resolved through settlements, which average between $1 million to $2 million, according to legal experts.

We follow the latest mesothelioma lawsuits to provide you an understanding of the types of awards plaintiffs can receive as part of their legal compensation. The following notable asbestos lawsuit verdicts represent recent outcomes and historically significant cases.

Significant Asbestos Verdicts

• $43 million: Awarded to a woman in 2022 over exposure to asbestos fire doors.
• $29.4 million: Awarded in a talc lawsuit to a long-time talcum powder user in 2019 over exposure to talcum powder contaminated with asbestos.
• $24.4 million: Awarded to the family of a janitor in 2024 who filed a lawsuit alleging his asbestos exposure resulted from his work at an Avon manufacturing facility.

Verdict amounts have historically varied widely depending on the specific circumstances of each case. You and your lawyer can discuss average mesothelioma verdict amounts, typical lawsuit settlements and the details in your individual case as you navigate the litigation process together.

The state where you file can also impact mesothelioma compensation. An experienced mesothelioma attorney can help you and your family decide the best jurisdiction in which to file your asbestos claim.

Common Questions About Mesothelioma Lawsuits

How long does a mesothelioma lawsuit take?

The length of time of the legal process for an asbestos-related lawsuit can be affected by the health of the plaintiff. The process can take several months or even longer. It can sometimes be expedited depending on your health.

The defendants may try to delay the progress of your case. Your attorney will work to resolve your case as soon as possible. They will handle each step so you can focus on your well-being and spend time with your loved ones.

How much will I need to pay a mesothelioma lawyer?

Usually, a mesothelioma patient does not need to pay an attorney. Fees associated with the lawsuit are also often taken from settlements or verdicts the patient may receive down the road. Someone going through the worst time in their life shouldn’t have to worry about the added costs of hiring a lawyer.

Answered By: Jim Kramer, Mesothelioma Attorney, Simmons Hanly Conroy Law Firm

What should you expect from a mesothelioma lawsuit?

The next thing that happens is talking to the person you want to represent you, learning about all the types of exposures that may have occurred 20, 30, 40 years in the past. Once that occurs, the lawyer takes over, does the due diligence of which companies might be responsible for your asbestos exposure and files the claim.

From there, depositions may occur if the client wants to go in that direction, or there’s also the option of solely filing with certain bankruptcy trusts. Eventually, depending on how the case progresses, the case may go to trial.

Answered By: Jim Kramer, Mesothelioma Attorney, Simmons Hanly Conroy Law Firm

How long do I have to file a mesothelioma lawsuit?

The time to file a mesothelioma lawsuit typically ranges from 1 to 3 years after diagnosis. The statute of limitations varies by state. For deceased patients, family members may file a wrongful death claim.

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