Personal Injury Lawsuit: Filing a Personal Injury Lawsuit for Mesothelioma

A mesothelioma personal injury claim is a lawsuit filed by a person who has been diagnosed with malignant mesothelioma, rare cancer caused by asbestos exposure.

Personal Injury Lawsuit: Filing a Personal Injury Lawsuit for Mesothelioma
Filing a Personal Injury Lawsuit for Mesothelioma

Filing a Personal Injury Lawsuit for Mesothelioma: The majority of mesothelioma lawsuits are based on personal injury. When a person diagnosed with malignant mesothelioma uses one or more companies that exposed them to asbestos, this is known as a spoliation lawsuit. Former employers or companies that manufactured asbestos-containing products could be named as defendants.

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What Is a Mesothelioma Personal Injury Claim?

A mesothelioma personal injury claim is a lawsuit filed by a person who has been diagnosed with malignant mesothelioma, rare cancer caused by asbestos exposure.

Asbestos-related personal injury lawsuits are the longest-running mass tort in US history, dating back to the late 1960s. They have assisted hundreds of thousands of people in obtaining compensation from companies that manufactured, distributed, or used asbestos-containing products.

These lawsuits serve two functions. First, they hold companies accountable for asbestos exposure to workers and consumers. Second, they assist mesothelioma patients with medical bills and other cancer-related expenses.

Many asbestos mining and manufacturing companies have filed for Chapter 11 bankruptcy protection from mesothelioma lawsuits. In many of these cases, the companies were required to create a list of asbestos trust funds in order to pay out current and future claims.

Each asbestos case is distinct. A good mesothelioma law firm can advise you on whether filing a personal injury lawsuit is the best option. They will assist you in filing a claim before the statute of limitations runs out, ensuring that you receive the maximum compensation.

Personal Injury Lawsuit: Filing a Personal Injury Lawsuit for Mesothelioma

Why File a Personal Injury Lawsuit?

Filing a mesothelioma personal injury claim is a difficult process. It is best handled by an experienced asbestos-related lawsuit attorney. The right attorney can guide you through the process of deciding when to file a claim and which companies to file against.

Mesothelioma is frequently caused by a corporation's negligence or failure to warn of asbestos-exposure risks. Mesothelioma personal injury lawsuits assist those who have been diagnosed with this deadly cancer in recovering money for cancer treatments, lost income, travel expenses, pain and suffering, and other expenses.

Each state has its own time limit for filing a mesothelioma personal injury claim, known as a statute of limitations. It is critical to start the lawsuit process as soon as possible after a mesothelioma diagnosis and before the deadline expires.

If the original claimant dies from the disease before a verdict or settlement is reached, the mesothelioma personal injury lawsuit can be converted into a wrongful death claim. A wrongful death claim could be directed by family members.

The majority of mesothelioma lawsuits are settled out of court, never going to trial.

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Personal Injury Lawsuit: Filing a Personal Injury Lawsuit for Mesothelioma

Types of Personal Injury Claims

Mesothelioma personal injury claims can be handled individually or as part of multidistrict litigation (MDL). These lawsuits are no longer filed as class actions.

  • Individual Lawsuits: These cases typically involve a single plaintiff suing one or more companies for asbestos-related cancer.
  • Multidistrict Litigation: MDL 875 In Re: Asbestos Products Liability Litigation in the Eastern Pennsylvania District of the United States District Court is the primary MDL for mesothelioma lawsuits. The goal of MDLs is to consolidate similar cases into a single court with a single presiding judge, rather than combining all plaintiffs into a single case as class-action lawsuits do.

Since 2006, over 186,600 asbestos cases have been transferred to MDL 875. As of June 30, 2019, there were 28 cases pending in court.

Mesothelioma personal injury lawsuits rarely go to trial, regardless of how and where they are filed. The vast majority of cases are resolved outside of court.

Mesothelioma Personal Injury Law Firms

National mesothelioma law firms handle personal injury and trust fund claims across the United States. Choosing a national firm gives you access to a network of attorneys with expertise in each state. They frequently travel to speak with families in order to assist them in filing a claim.

Weitz & Luxenberg is headquartered in New York City, but the firm has offices across the country and employs over 100 attorneys. When a jury found Algoma Hardwoods Inc. liable for asbestos exposure in 2022, the firm received a $43 million mesothelioma verdict.

Simmons Hanly Conroy has been litigating asbestos cases since 1999, with a large staff of 300 legal professionals in offices across the United States. The firm has recovered more than $8.9 billion in settlements and verdicts for asbestos-exposed families.

Cooney & Conway was founded in 1958 in Chicago and has been representing asbestos plaintiffs since 1973. Decades of experience in personal injury litigation have resulted in verdicts and settlements totaling more than $7 billion for its clients.

Nemeroff Law is a mesothelioma-focused law firm with locations in Utah, Texas, Louisiana, and Pennsylvania. The firm has recovered more than $500 million for asbestos-exposed families, including a $65.6 million verdict against Westinghouse Electric.

Galiher DeRobertis & Waxman is based in Hawaii, but the firm has handled asbestos cases in over 40 states. The firm has recovered more than a billion dollars in personal injury verdicts and settlements, including $600 million for asbestos victims.

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Personal Injury Lawsuit: Filing a Personal Injury Lawsuit for Mesothelioma

How to File a Mesothelioma Personal Injury Lawsuit

Finding a qualified asbestos attorney to handle your case is the best first step in filing a mesothelioma personal injury claim.

A lawyer with experience in asbestos law understands the time-sensitive nature of these types of claims. They also know which companies used asbestos and which job sites resulted in significant asbestos exposure.

A skilled asbestos lawyer has a proven track record of success and can negotiate mesothelioma settlements on your behalf. If your case goes to trial, they usually give you the best chance of winning.

The majority of mesothelioma lawyers work on a contingency fee basis. This means you owe nothing and pay nothing unless your claim is successful.'

Most mesothelioma lawyers work on a contingency basis. This means you owe nothing and pay nothing unless and until you receive compensation from the claim.

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What Happens After Hiring a Lawyer?

When you hire a mesothelioma lawyer, they will walk you through each step of the process and explain everything along the way.

Key Steps in a Personal Injury Lawsuit

Building Your Case: Your lawyer will inquire about your asbestos exposure history as well as your medical history.

Filing the Case: To begin the legal process, your lawyer will prepare and file a written complaint with a court.

Responses: Each defendant will be given a set amount of time to respond to the complaint, usually 30 days. Your claims will almost certainly be denied by the defendants.

Discovery: Your lawyer and the defendant's lawyers will start assembling your case. This includes evidence that can be used in courts, such as employment documents, written responses to questions, and recorded depositions.

Settlement or Trial: Before the case goes to trial, the defendant may offer a settlement. The majority of mesothelioma lawsuits are settled. Your lawyer will negotiate on your behalf and help you decide whether to accept the offer or go to trial.

Appeal: If you win the case in court, the defendant may decide to file an appeal. This will usually cause any award payments to be delayed. If your appeal is successful, your award may be reduced or removed entirely. If your appeal is denied, you will usually start receiving payments.

How Long Does the Process Take?

The length of a mesothelioma personal injury lawsuit is largely determined by the plaintiff's health and other factors. If the plaintiff is in poor health, the process may be accelerated. Lawsuits can frequently take several months or longer to resolve.

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Personal Injury Lawsuit: Filing a Personal Injury Lawsuit for Mesothelioma

FAQs Regarding Filing a Personal Injury Lawsuit for Mesothelioma

1. Is mesothelioma a personal injury?

The majority of mesothelioma lawsuits are personal injury claims. This is when a person who has been diagnosed with malignant mesothelioma uses one or more companies that exposed them to asbestos. Defendants could be former employers or a company that manufactured asbestos-containing products.

2. Can you claim for mesothelioma?

Compensation from employers: Anyone diagnosed with mesothelioma who has previously worked somewhere where they were exposed to asbestos may be able to seek compensation from their employer. This includes military personnel who were exposed to asbestos after 1987.

3. How much money can you get from a mesothelioma lawsuit?

Filing a lawsuit If you've been diagnosed with mesothelioma and/or have been exposed to asbestos, filing a claim is an excellent first step toward receiving the compensation you deserve. The average mesothelioma settlement ranges between $1 million and $1.4 million.