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If you have been diagnosed with Mesothelioma or Lung Cancer you could be entitled to significant compensation from both the Asbestos Trust Funds and asbestos product manufactures.
Contact us now for a FREE consultation.
Free Case Review
If you have been diagnosed with Mesothelioma or Lung Cancer you could be entitled to significant compensation from both the Asbestos Trust Funds and asbestos product manufactures.
Contact us now for a FREE consultation.
Free Case Review
Mesothelioma lawsuit settlements are available to people who have been exposed to asbestos. There are over 200 potential trust funds or companies that may compensate victims if they are diagnosed with this rare, deadly cancer. Only a few experienced mesothelioma attorneys know how to get the maximum compensation from these companies because they have had decades of success filing claims against them. As a result, these companies and asbestos funds have more to lose by fighting the claims than settling.
The basis for filing a claim against the product manufacturers and employers are Failure to Warn, Pain and Suffering, Loss of Consortium (i.e., Wages), and direct/indirect treatment costs. Expenses can quickly add up, and it’s ultimately your right if you or a loved one was diagnosed or passed away because of mesothelioma. The time frame to file is limited, so victims should take advantage of their options sooner rather than later.
Based on what researchers currently understand, only asbestos exposure is a direct cause of mesothelioma, considered one of the most aggressive and deadliest cancers.
Asbestos exposure was relatively common for decades until around 1980. In the past, providers used the dangerous product knowingly because it was cheap.
People who worked in various settings and occupations were potentially exposed to the mineral. This includes:
Asbestos, a mineral, is made up of solid and heat-resistant fibers. Those qualities made it useful in so many industrial applications for decades. However, dust can be inhaled and swallowed when asbestos breaks down. Fibers are left behind in the lungs or stomach, creating irritation over time. That persistent irritation is what can lead to mesothelioma.
It’s a difficult disease because it has an incredibly long latency period and aggressiveness. It can be decades between exposure to asbestos and someone diagnosed with mesothelioma, but then, within weeks, the cancer can get much worse.
Asbestos, a mineral, is made up of solid and heat-resistant fibers. Those qualities made it useful in so many industrial applications for decades. However, dust can be inhaled and swallowed when asbestos breaks down. Fibers are left behind in the lungs or stomach, creating irritation over time. That persistent irritation is what can lead to mesothelioma.
It’s a difficult disease because it has an incredibly long latency period and aggressiveness. It can be decades between exposure to asbestos and someone diagnosed with mesothelioma, but then, within weeks, the cancer can get much worse.
If someone is diagnosed with Mesothelioma, they can file a product liability claim against the employers or product manufacturers responsible for their asbestos exposure. If the victim is alive, it is called a personal injury lawsuit. Families who have lost loved ones to mesothelioma must file a wrongful death claim.
The key factor in either claim is that the companies “failed to warn” the consumer or employee of the dangers of asbestos or failed to disclose that asbestos was used in the workplace. These lawsuits and trust fund claims are filed against asbestos product manufacturers, mining companies, factories, or other employers who intentionally or unintentionally failed to protect workers or consumers.
In 2023, the number of mesothelioma cases in the US continued to stay at a plateau of about 3,000 cases per year. It is not expected to decline for another 5-10 years. In some countries, such as Japan, Canada, and Korea, the number of mesothelioma cases is still rising.
When a mesothelioma lawsuit is filed, it’s considered a product liability lawsuit. The objective is to recover financial compensation from companies that made asbestos products and were negligent. The funds recovered if the client is alive are for pain and suffering, loss of Income, medical costs, and failure to warn. If a victim dies from the disease, his case will become a “wrongful death” claim.
Your lawsuit and trust fund claims are made against product manufacturers or employers known to have asbestos or products in the workplace, and the victim was exposed to asbestos, resulting in a mesothelioma diagnosis.
There are typically three groups of people eligible to file a lawsuit for asbestos exposure—patients diagnosed with mesothelioma or lung cancer related to exposure, family members of the exposed person, or representatives of a victim’s estate.
Working with an experienced and successful mesothelioma attorney with a proven track record is the only way to ensure you get well-deserved compensation. In most cases, 10 to 30 product manufacturers are named defendants, and often, each will pay their respective portion of the claim and/or settlement.
The bulk of asbestos companies filed for bankruptcy in the 1980s and 90s when the risks of the product and exposure to it were becoming more apparent.
Congress also started taking action to prevent the use of asbestos. While you can’t necessarily file a successful lawsuit against a bankrupt company, trust funds were created for this reason, which we discuss below. Also, even though you wouldn’t usually have legal recourse against a bankrupt company, as a victim of asbestos, you may fall into a special category.
With a mesothelioma settlement, a defendant will agree to compensate the plaintiff in exchange for dismissing the lawsuit. Most mesothelioma lawsuits are settled before trial, with your lawyer negotiating an agreeable settlement on your behalf.
Typically, settlements for mesothelioma cases range from $1 million to $10 million, with differing compensation in every case. In most cases, experienced mesothelioma lawyers settle all the claims out of court before a trial.
If your case were to go to trial, the jury would determine the award amount that’s owed. A settlement is a way to receive compensation faster than a jury verdict. A settlement is legally binding, and if it’s not paid out on time, there are legal actions that can be taken. A mesothelioma verdict means a court or jury determines the amount of compensation at the end of a trial. Rulings tend to mean higher payouts, but the defendant can then appeal, which could mean a reduced payout, or the verdict could be altogether overturned.
Another avenue of receiving compensation for a mesothelioma diagnosis is through a trust fund. Negligent companies created these trust funds during their bankruptcy proceedings to pay out claims to patients with mesothelioma and their families.
Dozens of trust funds are currently available, and tens of billions of dollars are set aside for victims. Both patients and their loved ones can file a claim against asbestos trusts.
Some criteria usually have to be met to be eligible for trust funds, including having documented proof of asbestos exposure and details on the diagnosis related to asbestos. The amount coming from trust fund settlements can range from $25,000 to almost $1,000,000 in certain instances.
Factors that play a role in the amount of a payout include the type of diagnosis someone has related to asbestos, the initial payment schedule of the trust, and the current payment percentage. Every trust fund has a schedule and percentage for payouts to make sure they can continue to be made.
Payment percentages can go up or down based on how many claims the trust budgeted for versus how many claims it receives over a period of time.
This is one reason why it’s so essential that you file a claim with any relevant trusts as soon as you can. If there’s a payment percentage increase, claimants paid at a lower percentage previously receive payments to make up the difference. If the percentage goes down, claimants who initially got paid at a higher percentage can keep their total payment amount.
It can vary widely, with settlements averaging between $1 million and $2 million and average trial verdicts ranging from $5 million to more than $11 million. Every case is different, and a lawyer can’t guarantee an outcome but can provide you with facts about previous cases.
The statute of limitations for filing a mesothelioma lawsuit typically ranges from 1 to 3 years from the date of diagnosis or discovery. It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the legal timeframe
Yes, family members can file a wrongful death lawsuit if a loved one has died from mesothelioma. These lawsuits can help recover compensation for medical expenses, funeral costs, lost income, and loss of companionship.
The time it takes to settle a mesothelioma lawsuit can vary, typically ranging from a few months to over a year. Factors such as case complexity, the number of defendants, and whether the case is settled out of court or goes to trial influence the timeline.
Mesothelioma lawsuits are generally product liability claims. These lawsuits help individuals seek compensation from companies responsible for asbestos exposure. Proving that your mesothelioma was caused by asbestos exposure is essential for a successful case.
To prove asbestos exposure, evidence may include employment records, witness statements, medical records, documentation of asbestos-containing products, and expert testimony linking your illness to asbestos exposure
Yes, family members of someone who died from mesothelioma may be able to claim compensation for financial losses, pain and suffering, and lost future support through a wrongful death claim.
Not necessarily. Many mesothelioma cases are settled out of court through negotiations. If a fair settlement cannot be reached, the case may go to trial, and you may need to appear in court. Your attorney will guide you through this process
Most mesothelioma attorneys work on a contingency fee basis, meaning they only get paid if you win your case or receive a settlement. This arrangement allows you to access legal representation without upfront costs
Asbestos claims can begin to award compensation in 90 days or less, while a full lawsuit resolution may take 12 to 18 months. Factors include whether a defendant agrees to a settlement, the lawsuit’s location, and whether there’s a trial date
Yes, you can sue if you were exposed to asbestos decades ago. Mesothelioma has a long latency period, and many cases are filed years after the initial exposure. Consult with an attorney to understand the time limits and requirements for your case.
If you want to file a lawsuit for mesothelioma for yourself on behalf of a loved one, you should first talk to an experienced attorney. They can provide a free case evaluation and help determine the best course of action. Once you hire an attorney, they’ll begin the discovery period to learn the details of asbestos exposure.
Your attorney’s objective will be maximizing your compensation. If you’d like a free consultation with a successful, experienced mesothelioma lawsuit attorney, contact us at MesotheliomaAttorney.com. We charge no upfront legal fees and will only get paid if we resolve your claim successfully.
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