Mesothelioma Lawsuits
Eligibility for Mesothelioma Claims
You must have a diagnosed asbestos-related illness to be eligible for compensation through an asbestos trust fund, lawsuit, or VA claim. You may also be eligible if your loved one died from an asbestos-related illness or you contracted one due to secondary exposure.
You will need evidence of when and how you were exposed, such as work records and confirmed presence of asbestos. This information will help determine who is liable for your damages, which otherwise can be challenging, especially if there are multiple exposure sites.
Importantly, asbestos exposure alone does not support a claim. There must be a diagnosed illness. Some victims can recover more damages through a lawsuit than a trust fund but may face stricter eligibility criteria.
How to File a Mesothelioma Claim
There are several steps to filing a mesothelioma claim:
- Get a medical diagnosis confirming your mesothelioma and the presence of asbestos in your body.
- Consult an experienced lawyer with proven experience handling mesothelioma claims.
- Determine when and where your exposure occurred by working with your attorney to identify potential sources at work, school, or home.
- File a claim. Your attorney can determine if you should file a lawsuit, VA claim, or asbestos trust fund claim.
- Negotiate your claim or go to court if a fair settlement is not reached.
- Collect compensation if your case is successful.
Your lawsuit may be based on personal injury, product liability, or wrongful death, depending on the circumstances. Courts have consolidated many mesothelioma cases for multidistrict litigation (MDL). One major MDL has nearly 58,000 pending claims against Johnson & Johnson for distributing asbestos talc products that cause mesothelioma, ovarian cancer, and other diseases.
Mesothelioma Claims Timelines
Asbestos trust funds allow victims of asbestos exposure to receive compensation even after the liable company has gone out of business. Many asbestos trust fund claims are settled within three to four months. Some funds also have expedited hearings for seriously ill claimants.
If you are filing with multiple funds or there is a question about where your exposure happened, your claim may take longer. Claims may also take longer if you are filing on behalf of a loved one who is either incapacitated or deceased.
How long a mesothelioma lawsuit takes depends on how complex your claim is. For example, if there are multiple defendants, your case may take much longer. The most complex cases can take years to settle or receive a verdict.
Asbestos and Mesothelioma Milestone Verdicts and Settlements
Victims of asbestos exposure have won billions in mesothelioma lawsuits in recent years. These are just a few key verdicts and settlements:
- Johnson & Johnson offered a $6.48 billion settlement for talc cancer lawsuits.
- Survivors awarded $30 million for the wrongful death of an Oregon man exposed to asbestos while working in a factory.
- An Illinois brick mason with mesothelioma from occupational exposure at Inland Steel was awarded $7.4 million.
Mesothelioma and other asbestos-related disease settlements generally range from $1–2 million per plaintiff. When cases go to trial, verdicts average between $5–11 million. Keep in mind that amounts depend on the specific circumstances of each case, and these ranges do not guarantee future case results.
Many mesothelioma settlements were reached as part of In re: Asbestos Products Liability Litigation (MDL No. 875), which began in 1991 and resolved over 100,000 mesothelioma and asbestos lawsuits by 2022. This ground-breaking mass litigation shows that victims can still receive compensation for diseases that appeared decades after their asbestos exposure.
Asbestos and Mesothelioma FAQs
People often have many questions about mesothelioma and asbestos lawsuits. Below are answers to some that our attorneys frequently hear from our clients:
1. What Is the Life Expectancy of a Person With Mesothelioma?
The life expectancy for someone with mesothelioma depends on the type and stage at diagnosis. With treatment, patients with pleural mesothelioma have a life expectancy of one to four years. Those with peritoneal mesothelioma who undergo surgery and receive other treatments have a life expectancy of two to six years.
2. Is Asbestos Banned in the United States?
In 1989, the Environmental Protection Agency (EPA) banned most asbestos products, though some were overturned in court. In March 2024, the EPA finalized a rule banning the ongoing use of the remaining asbestos products.
3. Can Family Members Get Mesothelioma Benefits?
Yes, family members can file a claim if they lose a loved one due to mesothelioma. They must provide evidence connecting their loved one’s work history, asbestos exposure, and fatal illness.
4. Am I Eligible for a Mesothelioma Lawsuit If I Smoked Cigarettes?
Yes, even if you smoke, you may be eligible to file a claim for mesothelioma or another asbestos-related disease. Carcinogenic asbestos fibers remain lodged in your body and do not break down, so your medical records can often prove that they are the cause of any asbestos-related illness.
5. What Is the Statute of Limitations for Asbestos Claims?
The statute of limitations governing asbestos claims varies by state, ranging from as little as one year to as many as six years. Other important deadlines also depend on what kind of claim you are filing. To avoid compromising your case, consult our attorneys as soon as possible. We can investigate your claim and determine where to file it.
We Can Help if You've Been Diagnosed With Mesothelioma
If you have mesothelioma or another disease caused by asbestos exposure, The National Injury Law Firm™ is here to help you fight for fair compensation. Our top-tier legal team is dedicated to helping our clients FEEL THE POWER OF JUSTICE™.
Let us evaluate your claim and ensure you know your full legal rights and options. Contact us online to schedule a free, no-obligation consultation.
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