What Is a Mesothelioma Class-Action Lawsuit?

A mesothelioma class-action lawsuit is when a group of people with this shared diagnosis join together to sue the same companies. Instead of each person suing individually, one person serves as the lead plaintiff. They present a case that reflects the group’s shared experience. This approach aims to hold asbestos companies accountable and secure compensation for everyone affected.

Key Facts About Mesothelioma Class-Action Lawsuits

  1. One case represents a group with similar asbestos exposure and mesothelioma diagnoses.
  2. Class-action lawyers advocate for the group as a whole, not individuals.
  3. People in the class have less control than they would in personal mesothelioma lawsuits.
  4. Everyone involved shares the total mesothelioma compensation amount.

In the past, mesothelioma class-action lawsuits were more common. They helped large groups of people exposed to the same asbestos products, such as shipyard workers or factory employees. These lawsuits peaked between the 1960s and 1990s. Today, individual mesothelioma lawsuits are much more common. They allow each person to pursue their own claims and compensation.

Why Are Mesothelioma Class-Action Lawsuits Rarely Filed?

Mesothelioma class-action lawsuits are now rare because individual claims give people more control. They also usually result in higher mesothelioma compensation. Today, lawyers typically focus on building strong personal injury lawsuits. 

Having nearly identical claims is rare in asbestos cases. Most mesothelioma cases involve different asbestos exposures, companies, job sites and health outcomes. Personal injury lawsuits can better reflect each person’s diagnosis, work history and losses.

Pros of Mesothelioma Class-Action Lawsuits:

  • In the past, they served as an efficient way to help victims of asbestos exposure access compensation.
  • They work well when a group of workers were exposed at the same job site to the same products and develop mesothelioma.

Cons of Mesothelioma Class-Action Lawsuits:

  • One plaintiff’s case is rarely similar enough to other plaintiffs’ cases.
  • Plaintiffs in asbestos-related class-action lawsuits generally don’t receive as much compensation as those who file successful individual lawsuits.

KCIC’s 2025 report of asbestos lawsuits in 2024 shows asbestos-related lawsuits stayed steady. There were 3,931 cases filed in 2024, which is just 2 more than the 3,929 cases filed in 2023. Filings have slightly increased each year since 2020. Each lawsuit has unique facts, making it difficult and often unfair to combine them into a single class-action suit.

Can I Join a Mesothelioma Class-Action Suit?

To join an available mesothelioma class-action lawsuit, you can speak with an experienced asbestos attorney. But this type of case is now very rare. Courts usually reject them because each case involves different variables. Filing personal injury lawsuits instead is much more common today.

An experienced mesothelioma lawyer can walk you through your legal options and help you decide what’s right for you. They’ll explain how to join any available class-action suits or how to opt out and file on your own. Most of the time, filing individually leads to better results and more control over your case.

If you are asked to join an asbestos class action, remember that you can choose to join the class or ‘opt out’ so you can pursue your own lawsuit.

Alternatives to Mesothelioma Class-Action Lawsuits

The main alternatives to joining a mesothelioma class-action lawsuit are individually filed personal injury lawsuits and wrongful death lawsuits. These types make up most asbestos-related claims.

If the company responsible for your asbestos exposure has gone bankrupt, you may be eligible for compensation from asbestos trust funds. Companies often created these funds during the bankruptcy process to fund future claims. Veterans with mesothelioma can also file claims with the Department of Veterans Affairs. Workers’ compensation might be another option.

Because each mesothelioma case is unique, class actions rarely move forward in court. Filing an individual lawsuit usually offers a better chance for fair compensation tailored to your situation.

Personal Injury Lawsuits

An advantage of personal injury lawsuits is settlement negotiations tend to be simpler since they involve only one person. Most mesothelioma personal injury lawsuits settle out of court. Experienced asbestos law firms often have strong records of securing fair mesothelioma settlements for clients.

An example of a mesothelioma case that went to trial, however, is Kyung Lee’s case against Johnson & Johnson. In June 2024, an Oregon court upheld a $260 million trial verdict against J&J. She developed mesothelioma after long-term use of J&J’s talc-based baby powder. 

Lee was awarded $200 million in punitive damages and $60 million in compensatory damages. The judge confirmed both amounts are constitutional, and a requested new trial was denied.

Wrongful Death Lawsuits

In a mesothelioma wrongful death lawsuit, the surviving family members who lost a loved one file the claim. The surviving family’s lawsuit holds that their loved one’s death is the result of asbestos exposure.

Filing a wrongful death lawsuit can secure financial compensation for families to help pay for funeral costs, medical expenses and other bills related to the cancer. The majority of lawsuits get settled out of court with an average settlement of $1 million to $2 million.

Common Questions About Mesothelioma Class-Action Lawsuits

Can you file or join a class-action lawsuit for mesothelioma?

Generally, mesothelioma cases are not filed as class-action lawsuits. Mesothelioma cases are individual lawsuits against the viable asbestos companies and claims against the asbestos trusts for bankrupt asbestos companies. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Besides a class-action lawsuit, what other types of asbestos compensation are available?

Generally, mesothelioma cases are not filed as class-action lawsuits.  Mesothelioma cases are individual lawsuits against the viable asbestos companies and claims against the asbestos trusts for bankrupt asbestos companies.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Can you sue if you developed mesothelioma from asbestos exposure?

You can sue if you develop mesothelioma from asbestos exposure, and the statute of limitations has not expired. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

What is the average payout for a mesothelioma lawsuit?

There is no average payout for a mesothelioma lawsuit.  Any compensation is determined by the evidence obtained against the viable asbestos companies pursued in litigation and the bankrupt asbestos companies in which claims were filed against the asbestos trusts. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

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