Lawsuit Settlements

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

Lawsuit Settlements

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

Mesothelioma Lawsuit Information

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.

Understanding Mesothelioma

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.

What to Know About Mesothelioma Lawsuits

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.

Types of Lawsuits

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.

Free Case review

Fill out the form below and get your free case review

Who Can File a Lawsuit?

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.

What If the Company
Is Bankrupt?

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.

What About
Mesothelioma Settlements?

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.

What Are Mesothelioma
Trust Funds?

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.

Eligibility for Trust Funds Trust Fund Eligibility 
and Payouts

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.

Frequently Asked
Questions

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.

A lawsuit related to mesothelioma is a product liability lawsuit. Product liability lawsuits help people get compensation from negligent companies. You have to prove in your case that your mesothelioma diagnosis was caused by exposure to asbestos.

If you’re a family member of someone who died from an asbestos-related disease such as mesothelioma, you may be able to claim compensation for the financial losses due to the illness, pain and suffering for the loved one, and lost future support for dependents. This is referred to as a Wrongful Death Claim.

The statute of limitations depends on the state you’re in, but generally, you may have three years or less from the date of diagnosis to file a claim related to asbestos exposure. This is true for mesothelioma and other exposure-related conditions, like lung cancer.

Every case will be unique, but many claims and lawsuits related to asbestos begin to award compensation in 90 days or less, while a lawsuit can take 12 to 18 months for full resolution. Factors in this timeline include whether a defendant agrees to a settlement, where the lawsuit is filed, and whether there’s a trial date. The best way to get compensation in the shortest window is to work with an experienced mesothelioma attorney.

You will have to show proof of a mesothelioma diagnosis and communicate how you were likely exposed to asbestos. Your lawyer can work on building your case to establish a link between exposure to asbestos and your illness. For example, evidence that may be gathered could include employment records, medical records, and statements from witnesses. Work records, union memberships, signed affidavits, and depositions can be beneficial in clarifying your exposure.

The Next Step

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.

Free Case review

Fill out the form below and get your free case review

MENU