Mesothelioma is an aggressive form of cancer primarily caused by exposure to asbestos. Those exposed to asbestos and diagnosed with mesothelioma may be eligible for a lawsuit.
Asbestos trust funds were established in the 1970s to compensate workers harmed by asbestos-containing products. These funds are designed to pay out claims to those who developed mesothelioma or other asbestos-related diseases due to exposure.
TorHoerman Law specializes in mesothelioma and asbestos exposure lawsuits, offering free consultations for potential clients. Our firm represents clients across all 50 states and has a dedicated team to handle mesothelioma cases.
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Key Takeaways
Mesothelioma is an aggressive form of cancer primarily caused by exposure to asbestos. Those exposed to asbestos and diagnosed with mesothelioma may be eligible for a lawsuit.
Asbestos trust funds were established in the 1970s to compensate workers harmed by asbestos-containing products. These funds are designed to pay out claims to those who developed mesothelioma or other asbestos-related diseases due to exposure.
TorHoerman Law specializes in mesothelioma and asbestos exposure lawsuits, offering free consultations for potential clients. Our firm represents clients across all 50 states and has a dedicated team to handle mesothelioma cases.
Mesothelioma Lawyers for Asbestos Exposure Lawsuits
Mesothelioma is an aggressive form of cancer commonly caused by exposure to asbestos.
Though asbestos has been largely phased out in the United States, it still exists in some industries, factories, buildings, and products.
If you or a loved one was exposed to asbestos and subsequently developed mesothelioma, you may be eligible to file a mesothelioma lawsuit.
Contact an experienced mesothelioma lawyer at TorHoerman Law to learn how our firm can pursue compensation on your behalf for your losses in the form of a mesothelioma lawsuit settlement or asbestos exposure trust fund claim.
TorHoerman Law offers free, no-obligation case consultations for all potential mesothelioma lawsuit clients.
Contact us today or get an instant online mesothelioma lawsuit case evaluation from the chatbot on this page.
The tissue that lines your lungs, stomach, heart, and other organs is called mesothelium.
Mesothelioma (me-zoe-thee-lee-O-muh) is a tumor of that tissue.
Mesothelioma is an aggressive and deadly form of cancer.
Mesothelioma often impacts the lungs (pleural mesothelioma), and a more rare and aggressive type of mesothelioma (peritoneal mesothelioma) can impact the abdomen, heart and testicles.
What Is Malignant Mesothelioma?
Malignant mesothelioma is a rare cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium).
Mesothelioma treatments are available, but for many people diagnosed with mesothelioma, a cure is not possible.
Doctors divide mesothelioma into different types based on what part of the mesothelium is affected.
Mesothelioma most often affects the tissue that surrounds the lungs (pleura). This type is called pleural malignant mesothelioma.
Other, rarer types of mesothelioma affect tissue in the abdomen (peritoneal mesothelioma), around the heart, and near the testicles.
Mesothelioma doesn’t include a form of noncancerous (benign) tumor that occurs in the chest and is sometimes called benign mesothelioma or solitary fibrous tumor.
When asbestos fibers in the air are inhaled, they tend to stick to mucus in the throat, trachea (windpipe), or bronchi (large breathing tubes of the lungs).
Chrysotile fibers tend to be cleared from the lungs by being coughed up or swallowed.
But the long, thin amphibole fibers are harder to clear, and they may stay in the lungs, traveling to the ends of the small airways and penetrating into the pleural lining of the lung and chest wall.
These fibers may then injure mesothelial cells of the pleura, and eventually cause mesothelioma.
Despite the fact that asbestos is classified as a known human carcinogen (a substance that causes cancer), it has been used in many products because of its heat and fire resistant properties.
Between the 1930s and 1970s, the use of asbestos in products increased dramatically.
In that amount of time, asbestos could be found in about 3,000 widely used products.
Products traditionally using asbestos include:
Insulation, floor tiles
Door gaskets
Soundproofing
Roofing
Patching compounds
Fireproof gloves
Ironing board covers
Brake pads
Banned Products Containing Asbestos
In 1973, under the Environmental Protection Agency’s Clean Air Act, spray applied asbestos products were banned for fireproofing and insulating.
Going even further in 1989, the EPA enacted the Asbestos Ban and Phase Out Rule which was designed to eliminate the use of asbestos in manufacturing processes.
In 1991, the Asbestos Ban was overturned in Corrosion Proof Fittings v. the Environmental Protection Agency.
However, six categories of products remained banned:
Corrugated paper
Rollboard
Commercial paper
Specialty paper
Flooring felt
New uses of asbestos
Jobs At Risk Of Asbestos Exposure And Mesothelioma
Contrary to popular belief, asbestos is not illegal in the United States.
Although the use of Asbestos in products has decreased in the United States, millions of Americans are still being exposed to asbestos in their workplace.
Even today, more than 70% of the world still uses asbestos in products.
People at risk of asbestos exposure in the workplace include:
Miners
Factory workers
Insulation manufacturers and installers
Railroad and automotive workers
Shipbuilders
Gas mask manufacturers
Construction workers, among other jobs
Family members of people exposed to asbestos at work can also have an increased risk of developing a mesothelioma case because asbestos fibers can be carried home on the clothes of the workers.
Sadly, it is not an uncommon situation to have a factory worker exposed to asbestos during their workday, unknowingly bring home the cancerous minerals at the end of a workday, and expose their family to asbestos.
Mesothelioma Compensation: Am I Entitled to Financial Compensation for my Mesothelioma Diagnosis?
When workers are not adequately warned that their exposure to asbestos could result in mesothelioma or other debilitating lung diseases, the worker or family members may have legal options, including filing a mesothelioma lawsuit.
The mesothelioma lawyers at TorHoerman Law specialize in toxic exposure lawsuits and have years of experience representing people in mesothelioma lawsuits, asbestos exposure lawsuits, and wrongful death lawsuits.
If you believe that you may qualify for a mesothelioma lawsuit or asbestos exposure lawsuit, contact a mesothelioma lawyer from TorHoerman Law today to discuss your potential legal options.
Contact TorHoerman Law for a free consultation, or use the chatbot on this page to find out if you qualify to file a Mesothelioma or Asbestos Lawsuit instantly.
The mesothelioma lawsuit and asbestos exposure lawsuit allege that one or more parties had a duty to warn injured persons about the dangers of asbestos, failed to provide adequate warnings and that, as a result, the person(s) developed mesothelioma.
If you were exposed to asbestos and subsequently developed mesothelioma or other asbestos related diseases, you may be eligible to seek damages for those injuries.
If you decide to file a mesothelioma lawsuit or wrongful death lawsuit for asbestos exposure, you should contact a mesothelioma lawyer as soon as possible.
Each state has its own deadline, or statute of limitations, for allowing victims of asbestos cancer to file a mesothelioma lawsuit.
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.
Mesothelioma Lawsuit Process
The mesothelioma lawsuit process is different from many other personal injury lawsuits because exposure often happened decades before diagnosis.
A legal team must reconstruct the exposure history, identify asbestos containing products, determine which companies may be liable, and file the claim before the applicable deadline.
The mesothelioma lawsuit process may include:
Free case review: A mesothelioma lawyer reviews the diagnosis, work history, military history, household exposure, and possible asbestos product exposure.
Medical record review: Attorneys gather pathology reports, biopsy records, imaging, oncology records, treatment records, and medical bills.
Exposure investigation: The legal team investigates jobsites, products, employers, co-workers, equipment, buildings, ships, or facilities where asbestos exposure may have occurred.
Defendant identification: Attorneys identify asbestos product manufacturers, asbestos manufacturers, premises owners, contractors, or other companies responsible for the exposure.
Filing the legal claim: If the evidence supports the case, the attorney may file a mesothelioma lawsuit, asbestos cancer lawsuit, personal injury claim, or wrongful death claim.
Trust fund review: The firm may also review whether asbestos trust fund claims are available.
Discovery and testimony: The parties exchange evidence, take depositions, and develop medical and exposure proof.
Settlement or trial: Most mesothelioma lawsuits settle before trial, but some cases may proceed to a mesothelioma lawsuit verdict if defendants refuse to offer fair compensation.
Because statutes of limitations vary by state, people diagnosed with mesothelioma should speak with an asbestos attorney as soon as possible.
Who Can Be Held Liable in a Mesothelioma Lawsuit?
A mesothelioma lawsuit may be filed against companies responsible for exposing workers, families, or consumers to asbestos.
In many cases, more than one company contributed to a person’s exposure.
Potential defendants in mesothelioma litigation may include:
Asbestos product manufacturers
Asbestos manufacturers that supplied raw asbestos or finished products
Asbestos manufacturing companies
Employers that failed to provide safe working conditions
Contractors that installed or disturbed asbestos containing products
Premises owners that failed to control asbestos hazards
Shipyards, factories, refineries, power plants, or industrial facilities
Successor companies that assumed asbestos liabilities
Negligent asbestos companies that failed to warn about known risks
A mesothelioma lawsuit often requires proof that the injured person was exposed to specific asbestos products or worked in environments where asbestos fibers were released into the air.
The legal team may review work records, military records, union records, jobsite records, co-worker testimony, product identification evidence, and medical records to determine which asbestos companies are responsible.
Many asbestos companies responsible for exposure deny liability or argue that another company caused the illness.
An experienced mesothelioma attorney can investigate the exposure history, identify liable parties, and file an asbestos lawsuit or mesothelioma cancer lawsuit when the evidence supports a claim.
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.
Evidence for Mesothelioma cases may include, but is not limited to:
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 attorney 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.
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.
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.
Mesothelioma Lawsuit vs. Asbestos Trust Fund Claims
Mesothelioma compensation may come from more than one source.
Some clients file lawsuits against active companies.
Others file asbestos trust fund claims against bankruptcy trusts created by companies that previously made, sold, or distributed asbestos products.
A mesothelioma lawsuit is usually filed against companies that can still be sued in court.
These lawsuits may seek compensation for medical bills, lost wages, pain and suffering, loss of earning capacity, and wrongful death damages when the disease is fatal.
Asbestos trust fund claims are different.
Many asbestos companies filed for bankruptcy after facing large numbers of asbestos cases.
As part of the bankruptcy process, some companies created trust funds to compensate current and future asbestos exposure victims.
A claimant must usually show a qualifying diagnosis and evidence connecting the person’s exposure history to the trust’s approved products, jobsites, or companies.
Some mesothelioma cases involve both lawsuits and trust fund claims.
A person diagnosed with mesothelioma may file a lawsuit against active defendants while also filing trust claims connected to bankrupt asbestos companies.
The best legal path depends on the diagnosis, exposure history, state law, available defendants, bankruptcy trust eligibility, and filing deadlines.
TorHoerman Law can review whether your case may involve a lawsuit, asbestos trust fund claims, or both.
Why Most Mesothelioma Lawsuits Settle
Most mesothelioma lawsuits settle before trial.
Settlement may allow asbestos exposure victims and their families to receive compensation without waiting for a full trial and appeal process.
Mesothelioma lawsuits settle for several reasons:
Defendants may want to avoid the risk of a mesothelioma lawsuit verdict.
Plaintiffs may need compensation quickly because treatment is costly and the disease is aggressive.
The evidence may show a clear history of asbestos exposure.
Multiple defendants may negotiate separately.
Asbestos companies may have prior litigation history involving the same products.
Settlement can reduce delay, uncertainty, and trial burden for the injured person and family.
A settlement is not guaranteed.
The amount depends on the diagnosis, medical bills, exposure evidence, number of defendants, available insurance, trust fund eligibility, state law, and the strength of the legal claim.
The average mesothelioma settlement is often discussed in broad ranges, but every case is different.
No lawyer can promise a specific amount of mesothelioma lawsuit compensation.
An experienced mesothelioma attorney can review the facts and explain what factors may affect the value of your case.
The first step in the legal process is to contact a mesothelioma lawyer for a free, no-obligation consultation.
Your mesothelioma lawyer will review your work history, medical history and other facts pertinent to your case and advise you on your ability in filing a mesothelioma lawsuit.
Your mesothelioma lawyer will zealously represent you and provide compassionate counsel to you and your family during every stage of your case.
Our law firm knows what Mesothelioma patients are going through, and we stop at nothing to make sure they are compensated for what they’ve gone through.
If you are considering filing a mesothelioma lawsuit or asbestos exposure lawsuit, contact TorHoerman Law for a free consultation.
You can also use the chatbot on this page to find out if you qualify for a mesothelioma lawsuit instantly.
TorHoerman Law: One of the Top National Mesothelioma Law Firms
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.
Some mesothelioma lawsuits resolve within several months, while others take longer depending on the jurisdiction, number of defendants, available evidence, and whether the case proceeds toward trial.
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.
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
Immunotherapy
Supplemental oxygen
Pulmonary rehabilitation
Other medical treatments
In a successful Mesothelioma Lawsuit, victims would be compensated for the medical expenses associated with their illness.
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.
Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.
Legally Reviewed
TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.
Fact-Checked
TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.
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TorHoerman Law represents people whose lives have been disrupted by serious injuries, unsafe products, and negligence. Our attorneys handle individual personal injury cases as well as national mass tort lawsuits involving major corporations.
Founded in 2009, our legal team brings more than 100 years of combined experience handling serious injury and complex civil litigation.
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