Mesothelioma Lawsuits

Types of Mesothelioma Lawsuits

Mesothelioma patients and their families can pursue several types of legal claims. The right approach depends on individual circumstances, including the patient's health, exposure history, and state of residence.

Personal Injury Lawsuits

Personal injury claims are filed by individuals who have been diagnosed with mesothelioma. These lawsuits seek compensation for:

• Medical expenses: Treatment costs, hospital stays, medications, and ongoing care
• Lost wages: Income lost due to illness and inability to work
• Pain and suffering: Physical pain and emotional distress caused by the disease
• Loss of consortium: Impact on relationships with spouse and family

Because mesothelioma has a long latency period (often 20-50 years between exposure and diagnosis), patients may file claims decades after their asbestos exposure occurred. Each state has different rules about when the statute of limitations begins—typically from the date of diagnosis.

Wrongful Death Lawsuits

When a mesothelioma patient passes away, family members may file a wrongful death lawsuit. These claims seek compensation for:

• Medical bills: Outstanding treatment costs
• Funeral expenses: Burial and memorial costs
• Lost financial support: Future income the deceased would have provided
• Loss of companionship: Emotional loss suffered by surviving family members

Wrongful death statutes vary significantly by state. Some states have shorter filing deadlines than personal injury claims, making it important to consult an attorney promptly.

Mesothelioma Lawsuit Timeline

While every case is different, mesothelioma lawsuits typically follow a predictable timeline. Courts often grant expedited treatment due to the serious nature of the diagnosis.

Most mesothelioma cases resolve within 12-18 months. Cases that go to trial may take longer, though courts often expedite proceedings for seriously ill patients.

Factors Affecting Compensation

Settlement and verdict amounts vary widely based on several factors:

• Exposure evidence: Clear documentation of where and how exposure occurred
• Number of defendants: Cases with multiple responsible parties may yield higher compensation
• Disease severity: Stage of mesothelioma and impact on quality of life
• Economic damages: Medical costs, lost income, and future care needs
• Jurisdiction: Some courts and states have historically been more favorable to plaintiffs
• Defendant resources: Whether companies are solvent or have established trust funds

Learn about mesothelioma settlements and average amounts →

Choosing an Attorney

Mesothelioma litigation requires specialized expertise. When evaluating attorneys, consider:

• Experience with asbestos cases specifically (not just general personal injury)
• Track record of settlements and verdicts
• Resources to handle complex, multi-defendant cases
• Ability to file in favorable jurisdictions
• Experience with both lawsuits and trust fund claims

Most mesothelioma attorneys work on contingency, meaning you pay nothing unless compensation is recovered. Typical contingency fees range from 25-40% of the recovery.

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