[2023 Guide] Asbestos Lawsuits: Filing an Asbestos Lawsuit

Asbestos Lawsuits: Overview and Asbestos Litigation Info

The United States Environmental Protection Agency (EPA) has banned asbestos since 1989, but it’s still present in some household items, industrial equipment, and other products.

Asbestos contamination can result in various types of cancer, such as lung cancer, laryngeal cancer, and stomach cancer.

Prolonged exposure to asbestos increases the chances of a person developing mesothelioma and other diseases.

In fact, up to 13% of those who were exposed to asbestos will eventually get a diagnosis of mesothelioma.

While this percentage is still low, getting this disease is a death sentence.

Mesothelioma is an aggressive form of cancer, and most only live for 4-18 months after a mesothelioma diagnosis.

What Do Asbestos Lawsuits Aim to Accomplish?

Asbestos lawsuits aim to hold asbestos companies accountable, with plaintiffs alleging that these parties were negligent about asbestos exposure.

If the defendants are found liable, then they’re obligated to provide mesothelioma compensation for injured victims and mesothelioma patients.

Those with family members who died because of mesothelioma can also file a wrongful death lawsuit to receive death benefits.

Mesothelioma law firms can help victims file a settlement claim or lawsuit to get the justice they deserve.

If you plan to file a case and get compensation, work with experienced mesothelioma lawyers like our team at TorHoerman Law.

File a Mesothelioma Lawsuit: Steps To Take

Asbestos and Mesothelioma lawsuits can be complicated and daunting for individuals unfamiliar with the legal process and what steps to take.

Our Asbestos Attorneys are here to help you through the legal process and guide you to financial compensation for your damages.

Here are the steps you can follow if you plan to file a mesothelioma lawsuit.

1. Get Medical Help First

Before filing a mesothelioma lawsuit, we advise that you mitigate your injuries first.

This means getting rid of any items that are potentially contaminated or removing yourself from an area contaminated with asbestos.

After that, seek medical treatment and follow your doctor’s orders to decrease the risk of developing mesothelioma.

Those who have to file a mesothelioma lawsuit probably already have the disease or have a family member that succumbed to the cancer.

However, if you only suspect that you’re developing cancer because of possible asbestos exposure, we recommend you get an official diagnosis first.

You may not be qualified to file a personal injury lawsuit if you are not suffering from asbestos related illnesses.

2. Work With a Mesothelioma Attorney

The next step to take is hiring an attorney from one of the top mesothelioma law firms, such as TorHoerman Law.

Filing asbestos cases can be complicated, especially for those who don’t know much about how the legal system works.

Thankfully, a mesothelioma law firm can help you out.

Our mesothelioma attorneys provide expert legal counsel so that you can focus on your physical health rather than a daunting legal process.

A lawyer serves as your legal representative.

You’ll need one, especially if you’re incapacitated or unwell because of the disease.

They will handle all steps of the lawsuit, including fighting for your case during litigation.

3. Gather Evidence To Strengthen Your Case

One way to strengthen your asbestos lawsuit and increase the chances of getting a favorable ruling is with solid evidence.

In general, your attorney will be the one who’ll gather the evidence.

However, we still recommend that you keep records to make the process quicker and more efficient.

Examples of evidence in Asbestos Litigation may include:

• Medical records such as lab tests, examination results, and MRI readings
• Work records that detail potential exposure to asbestos
• Personal testimony about your experience with asbestos-contaminated areas or products and how you developed mesothelioma after
• Expert testimony, especially from medical experts who are knowledgeable about the effects of asbestos on the body
• Bills and other records of medical expenses associated with the diagnosis and treatment of the disease
• Documents and reports detailing the asbestos content or contamination of a product

4. Assess the Damage To Get Accurate Mesothelioma Settlements

Damages are the economic and non-economic losses you suffered because of an injury.

With the help of your mesothelioma lawyer, you can get an accurate value to use for the lawsuit.

To determine the amount, you will need to calculate the total damages, which can include the following.

Medical Expenses

These expenses include surgery, medication, lab tests, and consultations needed to treat the cancer.

Ongoing Treatments and Future Medical Costs

You’re also entitled to compensation for ongoing treatments like chemotherapy as well as future medical expenses for treating the cancer and other asbestos-related issues.

Pain and Suffering

Pain and suffering is a non-economic damage that covers the mental pain and emotional anguish you suffered because of the cancer.

Disability

Asbestos exposure can cause diseases that leave you temporarily or permanently disabled.

You’re entitled to disability benefits if this happens to you.

Loss of Companionship

Loss of consortium or companionship is another non-economic damage that covers the deprivation of benefits stemming from the loss of a spouse or family member.

Lost Wages

Since you weren’t able to report to work because of your injury or hospitalization, you’re also entitled to compensation for lost wages.

Punitive Damages

Punitive damages are a type of compensation meant to punish the liable party for gross behavior or outrageous conduct that resulted in your injuries.

5. Submit an Asbestos Trust Fund Claim

There are times when the company you wanted to sue for asbestos exposure is no longer around.

These bankrupt asbestos companies cannot pay compensation, but they may have allocated money to the Asbestos Trust Fund.

With the help of your lawyer, you can file a claim and still get monetary reparation for your injuries.

Tips on Finding an Experienced Mesothelioma Lawyer

The mesothelioma lawsuit process is complicated, and most people don’t have the legal knowledge to fight for themselves in a court of law.

That’s why it’s important to hire an attorney to serve as a representative and increase the chances of favorable asbestos verdicts.

Here are some best practices when vetting a reliable and experienced asbestos law firm or lawyer from the rest.

Ask for Referrals From Friends or Family

Given how widespread asbestos was in the past, there’s a chance that people you know may be asbestos victims as well.

They may have filed a mesothelioma cancer lawsuit or wrongful death lawsuit to gain compensation for asbestos-related diseases.

Since these people already know how certain attorneys and law firms work, you can ask them about their experience.

They can also make recommendations, so you can create a list of possible legal firms to work with.

Check Their Areas of Practice and Past Cases

Once you have a selection of possible attorneys or practices to hire, do your research and determine who’s best suited for your needs.

Some asbestos law firms or asbestos lawyers already have a track record of successful cases, like TorHoerman Law.

If you want assurance that the team you’re working with knows what they’re doing, we recommend working with those who are experienced in mesothelioma claims.

Take Advantage of Free Consultations

Most law firms offer free consultations where you can both discuss your case and see what options are available for you.

During these meetings, make sure to take note of how the attorney talks about the topic and if they seem knowledgeable about it.

Another important thing to ask is the type of payment structure the firm follows. At TorHoerman Law, we operate on a contingency fee basis.

This means that you only need to pay legal fees if we win the case. This approach is ideal for those who may not have the funding for legal services.

The only time you’ll need to pay is after the securing mesothelioma lawsuit compensation.

Facts About Mesothelioma and Asbestos Exposure

Exposure to asbestos can result in severe lung diseases, including mesothelioma and other aggressive cancers.

It’s important as a potential claimant to understand what asbestos is, how you may become exposed to asbestos, and the damaging health effects asbestos exposure can have on the body, namely mesothelioma and other asbestos related diseases.

What Is Asbestos?

Asbestos is a fibrous mineral used in many products due to its fireproofing and insulating properties.

The substance can easily float in the air, and people can breathe it in if they’re not wearing masks and other protective gear.

Most of the asbestos will get expelled when you cough or swallow the mucus that the particles are attached to.

However, a specific form called amphibole fibers has needle-like ends.

These allow the fibers to cling harder to the mucus and travel down to the lungs.

The particles then penetrate the pleural lining and cause issues like asbestosis and scarring in the alveoli.

The scarring and inflammation can escalate into more severe health issues the longer the person is exposed to asbestos.

What Is Mesothelioma?

Mesothelioma is a cancer of the mesothelial cells lining various organs of the body. In the lungs and chest cavity, the membrane created by these cells is called the pleura.

Pleural mesothelioma occurs when malignant cells start multiplying and grow tumors. These cancerous cells eventually invade the lungs, causing pneumonia, respiratory failure, and eventually, death.

Mesothelioma is rare, even in those who’ve been exposed to asbestos-containing products. The disease is aggressive and difficult to treat.

Those who receive a mesothelioma diagnosis may only survive for several months to a year, so the people who file mesothelioma lawsuits are often family members filing lawsuits after the loss of a loved one.

Symptoms of Mesothelioma

• Pain in the chest or rib cage
• Difficulty breathing
• Pain, swelling, and lumps in the upper part of the abdomen
• Unexplained and sudden weight loss
• Fatigue and chronic tiredness

How Does Asbestos Exposure Cause Mesothelioma?

The main reason asbestos triggers cancer growth is due to penetration of the pleural lining and propensity to trigger gene mutations.

The wounds caused by the sharp fibers set off the production of more cells to repair the injury.

However, the mutations caused by the carcinogen could result in new malignant cells and the growth of cancer.

Asbestos Lawsuits for Financial Compensation: Find Out if You Qualify

Getting an asbestos-related disease can cause significant damages to your finances and well-being.

If you or a loved one has been a mesothelioma patient or has other diseases stemming from asbestos exposure, you may be able to file an asbestos exposure lawsuit and get financial reparation for the injuries.

To learn if you qualify, please contact TorHoerman Law for a free consultation.

We will determine if your case makes you eligible to pursue financial compensation.

To find out if you are qualified immediately, use the chatbot on this website.

TorHoerman Law: Your Asbestos Lawyers

TorHoerman Law represents clients in 50 states and our mesothelioma attorneys have served as leaders in several national asbestos litigation efforts.

Our law firm is comprised of skilled investigators, medical staff, secretaries, paralegals, and case support personnel who are skilled at providing the exceptional personal attention that your mesothelioma lawsuit deserves.

Contact TorHoerman Law today for a free, no obligation mesothelioma lawsuit consultation.

Use our chatbot to receive a free, instant online case evaluation now.

TorHoerman Law: Your Mesothelioma Law Firm