How to File a Mesothelioma Lawsuit

Were you or your loved ones exposed to asbestos on the job, during a home renovation, or through frequently using baby powder or talcum powder? If so, you may be entitled to financial compensation. If you or a loved one were diagnosed with mesothelioma or an asbestos-related disease, you may be running out of time to file. While we understand that the idea behind filing a lawsuit may seem like a daunting task, we’re here to help you along the way. Below, we’ll guide you through the different kinds of mesothelioma claims available and which one(s) works best for your case.

If you have any questions regarding how to file a mesothelioma lawsuit or believe you were exposed to asbestos, do not hesitate to contact a Morgan & Morgan attorney today. 

What Is Mesothelioma?

Mesothelioma refers to the tumors that develop in the mesothelium, which is a type of tissue that makes up the lining of cavities that protect and surround certain organs in the body. There are four main types of mesothelioma, including pleural mesothelioma, which affects the membrane that lines the walls of your chest and lungs. Pleural mesothelioma is caused by exposure to asbestos, more specifically after the individual inhales or ingest the asbestos fibers. When inhaled, the fine shard-like fibers will adhere to the protective mesothelioma layers of the body’s organs, where, eventually, they will create cancerous cells. 

The other types of mesothelioma include peritoneal mesothelioma, which affects the tissue in the abdomen and pelvic area; pericardial mesothelioma, which affects the tissue surrounding the heart; and mesothelioma of tunica vaginalis, which affects the tissue surrounding the testicles. 

Those diagnosed with malignant mesothelioma typically have a life expectancy of anywhere from four to 18 months after diagnosis. According to the Cleveland Clinic, there are an estimated 3,000 to 4,000 new cases of mesothelioma in the United States each year. Of those diagnosed mesothelioma, roughly 2,500 cases are of malignant pleural mesothelioma. Common symptoms of mesothelioma include chest pain, excessive sweating, fluid in the lungs, shortness of breath, weight loss, and wheezing.

Individuals who are diagnosed with mesothelioma may not exhibit symptoms for anywhere up to 60 years after their exposure to asbestos. Those who suspect they or their loved ones were exposed to asbestos should not wait until symptoms arise to seek medical attention. 

How to File a Mesothelioma Lawsuit

In the case of filing a mesothelioma lawsuit, one of the first and most important things you'll need to obtain is a diagnosis of mesothelioma or an asbestos-related disease from a medical professional or cancer specialist. Without a medical diagnosis for you or a loved one, you will face difficulties when filing. Speaking to the right attorney can help get you on the right track. 

Contacting the Right Mesothelioma Attorney

As with filing any lawsuit, it is important for you to find an attorney who specializes in mesothelioma and asbestos-related types of lawsuits.

The right attorney will work with you 24/7, collect all of the necessary evidence, consult with experts, and file a claim on your behalf. Working with the right mesothelioma attorney also allows you to take a step back and focus on what matters most - your health. For questions or to learn more information about how working with the right mesothelioma attorney can significantly impact your case, connect with a Morgan & Morgan attorney today.

What Kind of Mesothelioma Claim Works for My Case?

When it comes to a mesothelioma claim, your attorney will pursue a lawsuit (personal injury or wrongful death), bankruptcy trust claims –  or they can choose to pursue both.   These are not class actions, and we don’t need to pursue just one claim forthe single most significant exposure - mesothelioma is caused by a combination of all of someone’s exposures throughout their lifetime.  Your attorney will investigate you or your loved one’s asbestos exposure history, and pursue claims against ALL responsible companies

Lawsuits

A mesothelioma lawsuit is often considered either a personal injury claim or a wrongful death claim depending on the specific case and the injured party.  In the event of death, a lawsuit may be carried out by the surviving family members.  There will often be 10-20, or more, defendants in a lawsuit

Bankruptcy Trust Claims

Companies that used asbestos faced numerous lawsuits from individuals who became ill from asbestos exposure. The large number of asbestos claims forced many companies to declare bankruptcy. Due to bankruptcy protections, these companies created trust funds to manage active and future asbestos claims. Once a trust is established, any person injured by that company's use of products containing asbestos can file a bankruptcy claim against that company's trust.

Statute of Limitations May Affect Your Eligibility to File a Claim

A statute of limitations is a law that sets the maximum amount of time someone can file a lawsuit. When it comes to filing a mesothelioma claim, there are many different factors that can affect the statute of limitations for your individual case. For example, the time limit associated with filing a lawsuit can vary from state to state and with each type of claim. In addition, most states follow a “discovery rule,” which states that the statute of limitations does not begin until the date on which an individual actually discovered an injury. 

What to Do If You’ve Missed the Deadline to File:

Unfortunately, if you’ve missed the deadline to file under the statute of limitations, your options may be limited. Understanding the statute of limitations is crucial for those seeking to file a claim for mesothelioma or  

asbestos-related diseases. For a better understanding of your case and if you still fall within the statute of limitations of your case, connect with a Morgan & Morgan mesothelioma and asbestos exposure attorney today. 

Common Damages Claimed in a Mesothelioma Lawsuit

There are several different types of damages you may be eligible to recover in a mesothelioma or asbestos exposure lawsuit, some of which include “economic,” which are tied to specific costs incurred in the aftermath of an injury, and “noneconomic,” which are more subjective to you. While the amount recovered will vary on a case-by-case basis, some of the most commonly claimed damages include the following:

Economic Damages:

• Medical expenses
• Lost wages

Noneconomic Damages:

• Pain and suffering
• Loss of consortium
• Mental anguish
• Lost of quality of life

It is important to keep in mind what is listed above is only an example of what you may be eligible to recover. For a more accurate estimation of what you or your loved ones may be eligible to recover after you were diagnosed with mesothelioma or an asbestos-related illness, we highly recommend you connect with an experienced mesothelioma and asbestos exposure attorney today.

Should You File a Mesothelioma Lawsuit?

When it comes to filing a mesothelioma lawsuit,  we encourage you to consider the fact that a mesothelioma diagnosis does not just affect one person. When you or your loved one are diagnosed with this deadly illness, the entire family can be impacted in more ways than one. On top of dealing with the loss of a loved one, you or your survivors are now faced with other hardships, which may include but are not limited to unexpected medical bills, funeral costs, and mental anguish. As a result, there are multiple parties that may be eligible to file a claim, which include the following:

• Those diagnosed with mesothelioma: Individuals who are diagnosed with mesothelioma, lung cancer, or another asbestos-related disease may be eligible to file an asbestos exposure claim to help cover the costs of any damages you may have incurred before or after your diagnosis as a result of the asbestos exposure.
• Family Members: If an individual was diagnosed with mesothelioma and were to pass away, their family members may be able to file a wrongful death claim. Family members include spouses, children, and other dependent family members.
• Estate Representatives: If you are the representative of a mesothelioma victim's estate, you may be able to file a claim after the victim's death. In some cases, if the victim, prior to their death, had begun filing a claim, the estate representative may be eligible to continue any legal action.

It is crucial to note that anyone who is interested in filing an asbestos lawsuit for themselves or a family member must have received either a mesothelioma or asbestos-related disease diagnosis. Documentation needed to connect their diagnosis to asbestos exposure may include but is not limited to, employment records, co-worker testimony, and medical reports containing their diagnosis. 

For more information or questions regarding your eligibility to file a claim, we highly recommend you connect with a Morgan & Morgan mesothelioma and asbestos exposure attorney today. 

Connecting with a Morgan & Morgan Mesothelioma Attorney

At Morgan & Morgan, we understand that filing a mesothelioma lawsuit can feel like an incredibly complex task, but you don’t have to do it alone. If you or your loved ones have been diagnosed with mesothelioma, do not wait to connect with one of our attorneys today. With over 35 years of experience in helping our clients get the justice they deserve, our law firm is uniquely qualified to handle your case. For more information on how a Morgan & Morgan attorney can help you, connect with us by completing our free, no-obligation case evaluation form today.