Mesothelioma Lawsuits FAQ: Can I Sue for Asbestos Exposure?

Use the chatbot on this page to find out if you qualify for a Mesothelioma Lawsuit.

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Financial Compensation for Asbestos Exposure

Question: Can I sue for Asbestos exposure?

In short, yes. On this page, we’ll dive deeper into that question, discuss an overview of Mesothelioma Lawsuits, explain what you’ll need to prove in these asbestos exposure lawsuits, cover average mesothelioma lawsuit settlements, and much more.

An Overview of Mesothelioma Lawsuits

Asbestos is a hazardous substance that can cause many medical complications, the most serious being mesothelioma.

People exposed to asbestos can develop this incurable, life-threatening cancer that involves significant, costly medical care to manage.

Fortunately, mesothelioma victims may be eligible to receive compensation through a Mesothelioma Lawsuit.

When it comes to suing for an asbestos-related illness, the primary concerns are proving that asbestos exposure occurred and that you developed mesothelioma because of it.

You’ll need an experienced Mesothelioma Attorney from one of the top Mesothelioma law firms in the nation to help you prove these facts and expose the responsible party’s negligence or liability.

CAN I SUE FOR ASBESTOS EXPOSURE?

If you or a loved one was exposed to asbestos and subsequently diagnosed with mesothelioma, you may be eligible to file a Mesothelioma Lawsuit or Mesothelioma claims to the Asbestos Trust Funds.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the mesothelioma lawsuit instantly.

Our law firm is experienced in filing personal injury lawsuits against companies responsible for exposing people to asbestos.

We have secured billions in negotiated settlements and verdicts for people harmed at no fault of their own, and we are prepared to represent you in a Mesothelioma Lawsuit.

Reach out to the Mesothelioma Lawyers at TorHoerman Law for more information and to find out how we can help you.

Table of Contents

What Is Mesothelioma?

What Is Mesothelioma?

According to the National Cancer Institute, malignant mesothelioma is an aggressive cancer of the mesothelium, which is the thin tissue surrounding internal organs, such as the lungs, chest wall, heart, and abdomen.

More commonly known as mesothelioma, this cancer can take decades to develop after heavy or prolonged asbestos exposure.

There are four types of mesothelioma depending on the location of the cancer:

  • Pleural mesothelioma: This is the most common type of mesothelioma that affects the tissues lining the lungs.
  • Peritoneal mesothelioma: The cancer cells affect the tissues around other organs in the abdomen. It’s the second most common form of mesothelioma.
  • Pericardial mesothelioma: This is a rare type of mesothelioma that affects the tissues surrounding the heart.
  • Testicular mesothelioma: This is another rare form of mesothelioma affecting the tissues or membranes covering the testicles.

Depending on the type, mesothelioma victims can suffer from difficulty breathing, chest pain, nausea, abdominal pain, coughing up blood, unusual lumps under the skin, sudden weight loss, and other symptoms.

Here are some critical facts and information about this asbestos-related disease that you should know:

  • An estimated 3,000 American people receive a mesothelioma diagnosis every year.
  • In 2020, the number of people diagnosed with mesothelioma worldwide was 30,870.
  • Worldwide, approximately 26,278 people died from mesothelioma in 2020.
  • In the United States, mesothelioma is more frequent in men and more common in White and Hispanic people.
  • The average age of diagnosis for mesothelioma patients is 72.
  • The symptoms of this cancer do not manifest until 20 to 60 years after asbestos exposure, usually after the growth and spread of tumors.
  • Mesothelioma patients have a life expectancy of 12 to 22 months on average.

This alarming data further confirms the staggering, lethal effects of asbestos exposure, whether direct or indirect.

How Dangerous Is Asbestos Exposure?

How Dangerous Is Asbestos Exposure?

Asbestos is a natural mineral that is incredibly resistant to heat and fire.

It was used for building materials, insulation, fireproof clothing, automobile brakes and clutches, shipbuilding materials, roofing shingles, and other asbestos products — until the public discovered the health risks associated with asbestos exposure.

When inhaled or swallowed, asbestos fibers can lodge themselves in the lungs and cause medical issues, such as mesothelioma, asbestosis, lung cancer, and other asbestos-related diseases.

People can get exposed to asbestos because of asbestos-containing products, but workplace asbestos exposure is the most common cause.

The following workers in asbestos companies and industries are more likely to develop asbestos-related illnesses:

  • Asbestos manufacturers
  • Construction workers
  • Shipbuilders and shipyard workers
  • Power plant employees
  • Railroad contractors
  • Automotive mechanics
  • Firefighters and paramedics
  • Mining professionals
  • Factory workers
  • Military personnel

While these people have a significantly higher risk of asbestos exposure, they can also carry asbestos fibers on their clothes, which they can take home to their families and communities.

Who Can File a Mesothelioma Lawsuit?

Who Can File a Mesothelioma Lawsuit?

Those diagnosed with mesothelioma may file a Mesothelioma Lawsuit to seek financial compensation for their medical expenses, lost wages, and other economic and non-economic damages.

They may also have access to asbestos trust funds which asbestos companies created to pay for mesothelioma expenses.

For a successful Asbestos Lawsuit, you must prove that your mesothelioma is directly connected to asbestos exposure.

You must provide evidence of asbestos exposure history, medical reports, financial records, and other documents to prove your mesothelioma case.

Those who are eligible to file a Mesothelioma Lawsuit include the following:

People With Diagnosed Asbestos-related Diseases

A mesothelioma patient may file a mesothelioma personal injury lawsuit to recover financial compensation from the asbestos companies or people responsible for their asbestos exposure.

They may also file a claim to asbestos trust fund claims. However, the legal process for mesothelioma claims is complex, and they will need the help of their family members and experienced mesothelioma lawyers to protect their rights.

Family Members of Mesothelioma Patients

Family members may also file a mesothelioma cancer lawsuit on behalf of their loved one.

Their mesothelioma claim focuses on the mesothelioma patient’s inability to provide for their family and on the damages they received, such as pain and suffering, emotional distress, decrease in quality of life, and loss of enjoyment of life.

Spouses may also file a lawsuit based on loss of consortium, which is the loss of companionship in a relationship.

Family Members of a Deceased Mesothelioma Victim

The surviving family members of a deceased mesothelioma victim may be eligible to file a wrongful death lawsuit.

This mesothelioma claim centers around the financial losses and damages due to losing a loved one, such as funeral expenses, lost wages, and other economic losses.

Wrongful death lawsuits can help prove the negligence of an asbestos company and provide financial support for the family.

What Happened to Mesothelioma Class Action Lawsuits?

What Happened to Mesothelioma Class Action Lawsuits?

In the past, asbestos cases piled up because of new, numerous asbestos victims filing a mesothelioma lawsuit.

The asbestos lawsuits were compiled into class action lawsuits for asbestos litigation to be more efficient.

Multidistrict litigation (MDL) was another legal approach to managing pending asbestos cases.

However, class action lawsuits were not the best option for asbestos and mesothelioma lawsuits.

In 1993, the Center for Claims Resolution (CCR), comprising 20 asbestos manufacturers, set a $1 billion fund for 100,000 future mesothelioma lawsuit settlements.

While they claimed to have mesothelioma victims’ best interest, the fund limited financial compensation and eligibility.

The Supreme Court also ruled against the CCR’s proposed mesothelioma settlements in 1997, stating that a global settlement would not be feasible for mesothelioma victims with various circumstances and interests too different to fall under one mesothelioma lawsuit.

Since then, court systems have managed asbestos and mesothelioma lawsuits individually.

Fortunately, this course of action is more favorable as individual mesothelioma lawsuits allow asbestos victims to seek full and fair financial compensation.

What Is the Average Mesothelioma Lawsuit Settlement?

What Is the Average Mesothelioma Lawsuit Settlement?

Mesothelioma lawsuit compensation varies on the specifics of the case.

This includes factors such as:

  • The severity of the mesothelioma diagnosis
  • The extent of asbestos exposure
  • The amount of damages suffered

While each mesothelioma case is unique, the average mesothelioma settlement can range from $1 million to $1.5 million.

These estimations are by no means a guarantee of financial compensation for your mesothelioma lawsuit. They are projections based on previous mesothelioma lawsuit settlements.

Contact a mesothelioma lawyer from TorHoerman Law for more information on mesothelioma settlements.

Hire an Experienced Mesothelioma Lawyer for Your Case

Hire an Experienced Mesothelioma Lawyer for Your Case

Having an expert mesothelioma lawyer from an experienced mesothelioma law firm is crucial to ensure a successful mesothelioma lawsuit.

When choosing between asbestos lawyers and mesothelioma law firms, look for the following:

  • Experience in Asbestos Litigation: Extensive experience in asbestos litigation is a critical factor to consider. This ensures they are familiar with various asbestos companies, basic medical concepts, and effective legal strategies for mesothelioma lawsuits.
  • Track Record of Success: A mesothelioma law firm should have a proven track record of success, such as winning significant financial compensation in asbestos verdicts and settlements for their clients. This proves their expertise in asbestos litigation and gives you peace of mind knowing they can provide the best legal representation in your case.
  • Legal Approach and Strategies: An experienced mesothelioma lawyer will know the best approach and strategies to maximize your mesothelioma compensation. They should have a comprehensive understanding of the legal system, different types of asbestos lawsuits, and how to proceed with each case.

Mesothelioma victims must find the best asbestos attorneys who will ensure they receive a fair asbestos settlement so they can focus on their health and family.

How Can You File a Mesothelioma Lawsuit for Asbestos Exposure?

Once you have found the right asbestos lawyer, they will help you navigate the mesothelioma lawsuit process.

 

Here’s an overview of the mesothelioma lawsuit timeline:

  • Initial Consultation: Your mesothelioma lawyer will review your case and answer any questions you have about the legal process.
  • Gathering Evidence: They collect evidence that proves your asbestos exposure, including occupational records, medical records, and the testimony of expert witnesses.
  • Filing a Complaint: Once they have enough evidence, your mesothelioma attorney will draft and file a mesothelioma lawsuit against the responsible parties.
  • Settlement: Your lawyer will then negotiate to reach an out-of-court settlement that fairly compensates you for your suffering.
  • Trial: If negotiations fail, your attorney can represent you in court as they prove their case and seek the maximum mesothelioma compensation.

Mesothelioma lawsuits and processes are complex and lengthy, but an expert asbestos lawyer can help you navigate the legal process and prioritize your health needs.

Details on Filing A Mesothelioma Lawsuit

Before you begin the process of your mesothelioma lawsuit, you should mitigate your injuries by removing yourself from any potential asbestos exposure areas, seeking proper medical treatment, and following your doctor’s orders.

The first step to filing a mesothelioma lawsuit is hiring a personal injury lawyer to represent you as your mesothelioma lawyer.

After you have found a mesothelioma lawyer, you should familiarize yourself with the steps of a civil lawsuit, so that you understand the timeline and process of a mesothelioma lawsuit.

Gathering Evidence For Mesothelioma Or Asbestos Lawsuits

Your mesothelioma attorneys will help you to gather evidence to prove asbestos exposure occurred and to support your mesothelioma lawsuit claim.

Mesothelioma patients often have lengthy medical documentation that details the extent of their illness.

These documents are crucial for your mesothelioma lawyer to consider as evidence.

Gathering Evidence For Mesothelioma Or Asbestos Lawsuits

Evidence for Mesothelioma cases may include, but is not limited to:

  • Medical records
  • Work records
  • Expert testimony
  • Personal testimony
  • Bills associated with your injury

This evidence will help to prove your damages – in many mesothelioma lawsuits, the plaintiff will demand both compensatory damages and punitive damages.

Your mesothelioma lawyer will determine liability – the party or parties are at fault for your asbestos exposure and subsequent injuries.

After gathering evidence, establishing liability, and outlining damages, your mesothelioma will seek compensation through a mesothelioma lawsuit settlement or verdict.

Assessing Damages In Mesothelioma Lawsuits

Damages refer to the total cost of an incident, accounting for both economic and non-economic losses of an individual or estate.

If you are wanting to file a mesothelioma lawsuit, a lawyer can help you determine your damages.

Assessing Damages In Mesothelioma Lawsuits

Damages in mesothelioma or asbestos lawsuits may include:

  • Medical expenses
  • Future medical costs
  • Emotional damages
  • Pain and suffering
  • Lost quality of life
  • Permanent disability
  • Loss of consortium
  • Lost earning ability
  • Lost wages
  • Other compensatory and punitive damages

Contact an attorney who specializes in asbestos and mesothelioma lawsuits to learn more about your options.

Law firms across the country offer free consultations and will file a lawsuit with no up-front payment necessary.

Our Mesothelioma Lawyers work on a contingency fee basis, which means that our experienced mesothelioma lawyers do NOT charge for legal representation unless you win financial compensation in your case.

Submitting A Claim To The Asbestos Trust Fund

Submitting A Claim To The Asbestos Trust Fund

Another source of compensation for asbestos exposure is the asbestos trust fund. Asbestos trust funds are set up by bankrupt asbestos companies.

A mesothelioma lawyer can submit a claim against an asbestos trust fund, which contains funds to pay out set amounts to individuals who were exposed to asbestos and developed mesothelioma or other injuries.

What Is The Asbestos Trust Fund?

Asbestos trust funds originated in the 1970s, when it became clear that asbestos was the primary cause of mesothelioma.

Many of the companies that produced or sold products containing asbestos began going bankrupt because of the mesothelioma lawsuits filed against them that were eventually settled.

The money allocated to the trust allows for all current and future asbestos claims to be paid out to those injured.

In short, the trusts compensate workers injured by negligent companies that sold or manufactured products containing asbestos.

TorHoerman Law: Your Mesothelioma and Asbestos Attorneys

Mesothelioma victims need an experienced mesothelioma lawyer to fight for their legal rights.

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.

If you or a loved one were exposed to asbestos and subsequently developed mesothelioma, you may be eligible to file a Mesothelioma Lawsuit and receive financial compensation for your injuries and damages.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the mesothelioma lawsuit instantly.

Our skilled attorneys have comprehensive expertise in asbestos litigation and a long track record of success.

We seek to ensure you receive fair compensation for your damages and suffering.

TorHoerman Law: Your Mesothelioma Lawyers

Frequently Asked Questions

  • Can I sue for Asbestos exposure?

    Yes, you can sue for asbestos exposure.

    To be eligible to file a lawsuit, you will generally need to prove the following:

    • Diagnosis:  You have an asbestos-related disease like mesothelioma, asbestosis, or certain types of lung cancer confirmed by medical documentation.
    • Exposure:  You were exposed to asbestos. This often involves identifying specific products, sites, or jobs where the exposure occurred.
    • Causation:  Your disease was caused by asbestos exposure. This can be complicated and may require expert medical testimony linking your condition directly to asbestos.
    • Fault:  Another party, like an employer, landlord, or product manufacturer, was responsible for your asbestos exposure and failed in their duty to protect you.

    The laws and requirements can be complex and vary by jurisdiction.

    To understand your rights and options it’s crucial to consult with an experienced mesothelioma lawyer who is familiar with asbestos litigations.

  • Who Is The Defendant In A Mesothelioma Lawsuit?

    In a mesothelioma lawsuit, liability could fall on a number of different parties.

    A few possible defendants could be a:

    • Manufacturer
    • Employer
    • Property owner

  • What Is The Average Settlement For A Mesothelioma Case?

    The average settlement for a mesothelioma case is between $1 million and $1.5 million.

    These averages fluctuate drastically from case to case. These estimations are by no means a guarantee of financial compensation in a Mesothelioma Lawsuit.

    They are only estimations based on previous Mesothelioma Lawsuit settlements and verdicts.

  • How Long Does A Mesothelioma Lawsuit Take?

    Mesothelioma lawsuits often settle out of court within 12 months of being filed.

    However, there are a number of factors specific to each case that could cause a lawsuit to carry on for much longer.

    Mesothelioma cancer lawsuits are complicated, and no two Mesothelioma Lawsuits are the same. Our law firm has a keen understanding on Mesothelioma Lawsuit filing, and we can help guide you through the legal process.

    If you are a Mesothelioma victim and are unsure about your options to file a lawsuit, contact us today. We’re here to help you get justice.

  • Can I File A Wrongful Death Claim For A Family Member Who Died From Mesothelioma?

    Yes, loved ones are able to file a lawsuit for the death of a family due to asbestos exposure. Even after your loved one has passed, you are able to hold asbestos companies accountable and seek financial compensation.

    Wrongful death lawsuits for asbestos exposure are complicated. It’s recommended to speak with an attorney as soon as possible to determine your eligibility for a Mesothelioma Wrongful Death Lawsuit.

    An experienced Mesothelioma Lawyer can answer your questions and determine your eligibility based on evidence available, statutes of limitations, and more.

  • What Medical Treatment May A Mesothelioma Patient Have To Undergo?

    Treatment for any asbestos related illness can be difficult, but mesothelioma treatment in particular is long-term and costly, both in terms of your health and finances.

    Mesothelioma victims may have to undergo the following treatments:

    • Cancer or oncology treatments
    • Surgery
    • Lung transplant
    • Supplemental oxygen
    • Pulmonary rehabilitation
    • Other medical treatments

    In a successful Mesothelioma Lawsuit, victims would be compensated for the medical expenses associated with their illness.

  • How Is A Mesothelioma Diagnosis Confirmed?

    Mesothelioma and asbestos victims are often given various medical tests to determine their diagnosis.

    The following medical tests are often performed for those exposed to asbestos or those who believe they have mesothelioma:

    • Biopsy
    • CT Scan
    • Chest X-ray
    • PET Scan
    • Bronchoscopy
    • Pulmonary function test (such as a spirometer)
    • Thoracentesis
    • Other medical tests

Written By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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