Top 10 Facts You Need to Know About Mesothelioma Lawsuit

Mesothelioma is a rare and deadly cancer caused by exposure to asbestos - a toxic mineral that was used in many products and building materials in the 20th century. Many companies knew the health risks of asbestos exposure as early as the 1930s but failed to warn the public. Because of this, victims may be able to file lawsuits to seek compensation for any harm caused by exposure to asbestos.

Mesothelioma lawsuits are distinct from other types of personal injury lawsuits—partly due to the unique nature of the cancer and the circumstances surrounding its cause. A mesothelioma attorney at Morgan & Morgan can review these unique factors with you, but here are our top 10 things to know about a mesothelioma lawsuit.

Each State Has a Unique Filing Deadline  

Each state has a time limit for filing personal injury claims, known as the statute of limitations. Many personal injury claims are treated similarly with the same time limit. However, mesothelioma claims can have their own distinct statute of limitations. Additionally, these cases can be particularly complex if exposure occurs in multiple states. Such cases are quite common among military veterans and workers who were frequently transferred during their time in service. A knowledgeable attorney at Morgan & Morgan can help determine the best jurisdiction for your case, ensuring you meet all deadlines and file in the correct location.

Billions Available in Asbestos Trust Funds for Victims 

Many asbestos companies went bankrupt due to liability from asbestos-related illnesses. However, that did not necessarily absolve them of the responsibility of compensating victims.  

Instead, these companies were required by law to set up trust funds during bankruptcy proceedings. Today, there are approximately $30 billion in asbestos trust funds available to support those diagnosed with mesothelioma and other asbestos-related diseases.

Trust fund claims allow victims to receive compensation without directly suing companies that are no longer operational. Each trust fund has its own eligibility criteria, payout percentages, and filing requirements. Again, that’s another reason to hire an attorney to represent you or a loved one.

Most Mesothelioma Cases Settle Out of Court 

Nearly 99 percent of mesothelioma lawsuits reach a settlement before going to trial. Settlements provide faster compensation, which is particularly important for mesothelioma victims who may be dealing with significant medical expenses. Also, it allows patients to avoid the stress and uncertainty of a trial while still holding the responsible parties accountable.

However, some cases do go to trial. This is especially true if the settlement offer doesn’t fully cover the victim’s expenses or suffering. On the brighter side, trials can lead to larger payouts. On the downside, they are time-consuming and can take months or even years to conclude.  

VA Benefits Support Veterans With Asbestos Exposure 

Veterans make up a significant portion of mesothelioma cases. That’s because of the widespread asbestos use in the military, especially from the 1930s to the 1970s.

The VA compensates veterans who have been diagnosed with mesothelioma if they were exposed to asbestos while serving in the military. These benefits usually cover medical care, disability compensation, and, in some cases, travel expenses for specialized treatment.

In addition to direct benefits, the VA can refer veterans to specialized mesothelioma treatment centers across the country. These referrals may be necessary if the victims need advanced care options, such as surgeries, clinical trials, and emerging therapies.

No Attorney Fees Unless You Win or Settle 

Most mesothelioma attorneys, including the team at Morgan and Morgan, work on a contingency fee basis. This is just a fancy way of saying that you don’t pay any fees upfront.

Rather, you only pay if your attorney successfully secures compensation for you through a settlement or court verdict. This setup allows anyone with a mesothelioma diagnosis to access quality legal representation without the burden of immediate legal fees.

Family Members May Qualify for Compensation

Spouses, children, and other family members who have lost a loved one to mesothelioma may be eligible to file wrongful death claims. Among others, these claims can cover:

• medical bills;
• lost income;
• funeral expenses (if a loved one succumbs to the disease); and
• emotional suffering caused by the loss.

It’s also worth mentioning that specific eligibility criteria for family claims vary by state. In some cases, only the spouse or children can file, while other states allow parents or other dependents to be eligible.  

Claims May Be Valid Decades After Exposure 

Mesothelioma often develops decades after initial asbestos exposure due to its long latency period. Fortunately, most states allow you to file a lawsuit from the time of diagnosis, not the date of exposure.

This is essential for mesothelioma patients, as many cases involve exposure that happened 20 to 50 years ago. So even if the workplaces or environments no longer exist, those impacted by asbestos exposure can still proceed with their claims or lawsuits. 

Lawsuits May Target Several Parties

Mesothelioma lawsuits can be filed against several defendants. These include but are not limited to:

• manufacturers of asbestos-containing products;
• employers who failed to protect workers from asbestos exposure; or
• suppliers who distributed asbestos materials.

In most cases, multiple companies can be held liable because people were usually exposed to asbestos from multiple different products. For example, a Navy veteran may have been exposed to asbestos on ships and later in a civilian job.  

Diagnosed Family Members Can File Secondary Exposure Claims 

Family members who were exposed to asbestos secondhand and later diagnosed with mesothelioma may also be eligible for compensation. Secondary exposure, in many cases, happens through a loved one’s clothing or belongings.

For instance, a spouse washing a worker’s asbestos-laden clothes could unknowingly inhale fibers. Many years down the line, the exposure could lead to a positive mesothelioma diagnosis.

Secondary exposure cases can be particularly complex. That’s because they usually require proof that asbestos fibers were brought into the home and caused harm.  

Mesothelioma Lawsuits May Be Eligible for Expedited Trials 

Since mesothelioma is usually aggressive and life-threatening, many courts grant expedited trials to ensure that victims see their day in court.  We’ve had cases get trial settings within six months of filing. 

For perspective, most personal injury cases take more than a year to resolve. This fast-tracking for mesothelioma cases can be crucial given that mesothelioma patients have health problems and often deal with significant medical expenses. Also, they may not be able to endure lengthy legal battles while at the same time receiving the care they need to fight the disease. 

Get a Free Case Evaluation

Mesothelioma lawsuits are unique and complex. However, with the right personal injury attorney, you don’t have to navigate this complicated legal process alone. To learn more about how a mesothelioma attorney from Morgan and Morgan might be able to help, please reach out to us today for a free case evaluation.