Mesothelioma Lawsuit

If you think you have a legal claim for illness caused by asbestos exposure, here's what you need to know.

If you or a person you know have an asbestos-induced disease, consider contacting a qualified mesothelioma lawyer immediately. These types of cases are time sensitive and only a lawyer trained in asbestos litigation should help you decide if and when to pursue a lawsuit against a company who may be responsible for exposing you to asbestos. Each state limits the time you have to file a lawsuit after you are diagnosed with mesothelioma cancer. A mesothelioma lawyer can help you file your claim before the statute of limitations expires. In a mesothelioma lawsuit, the attorney will deal with actual filing of the case and then all aspects of it after that. You should expect a routine that consists of the response to the lawsuit; discovery, depositions, settlement discussions, a possible trial, a verdict and a possible appeal. Most asbestos lawsuits never go to trial because they are settled out of court before a trail can take place.

If you've been exposed to asbestos and been diagnosed with mesothelioma, you may ask, "If I file a lawsuit can I expect to recover significant money damages?" The answer is usually "yes." People who discover they are suffering from mesothelioma due to working with asbestos (or, if they are deceased, their spouse) have an excellent chance of achieving substantial money damages, either from the company that manufactured or installed the asbestos, or from an insurance company or asbestos victims' trust fund that has assumed liability for the company. And this is true even if the original manufacturer has long since sold out, closed down, or even gone bankrupt, thanks to the formation of asbestos victims' trust funds.


How Long Do I Have to Sue?

Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. State laws called statutes of limitations usually give people one to five years (depending on the state) from the diagnosis or discovery of mesothelioma to file a lawsuit. But it's important to act promptly, because in a few states, including California, Tennessee, and Louisiana, the statue of limitations is only one year from diagnosis.

If a mesothelioma victim has already died, his or her spouse and other heirs typically have one to three years from the date of death to file a wrongful death action, which can also result in the recovery of substantial money damages.

Mesothelioma victims can't file or join in class actions lawsuits because each person's medical history and prognosis is different, so mesothelioma cases must be filed individually.
How Long Does an Asbestos or Mesothelioma Case Take?

Most asbestos cases are settled before they ever get to a jury (meaning the parties agree outside of court to the amount of money damages the mesothelioma victim will get). If you have gathered all the facts about your medical condition and employment history, and your lawyer runs an efficient office, and there is an easily identifiable payment source -- such as an insurance company or an asbestos victims' trust fund -- you may get your money in less than a year from the date your lawsuit is filed. But in other situations, where the amount of money damages depends on going to trial (or at least threatening to do so), it can take two years or more. Fortunately, the court rules in many states recognize that mesothelioma victims have a short life expectancy and as a result, fast track their lawsuits.

You should know, too, that you may be able to file your lawsuit in more than one state. Your attorney will evaluate your case and help you pick the state that may be most favorable for you.


How Do I Pay My Lawyer?

All mesothelioma cases are handled on a contingency fee arrangement. This means your lawyer charges you no fees up front, but instead receives a percentage of the eventual settlement or money damages you receive as the result of a court judgment, plus any expenses (for things like depositions, copying, and postage) that you agree to pay as part of a written fee agreement. A typical contingency fee is 25% to 40% of money damages you recover. The exact amount depends on several factors, including whether a victims' trust fund places a cap on contingency fees (some allow no more than 25%), whether you settle out of court or go to trial, how much the lawyer wants your case (if the attorney believes your case is certain to win a big settlement or court judgment, you are in a much better bargaining position than if you are likely to receive a lower amount), and how hard you bargain before signing a fee agreement.


Paying For A Mesothelioma Lawsuit

Your attorney will handle each of these steps and explain the process as it goes along. Keep in mind that most mesothelioma lawyers work on a contingency fee basis. This means your attorney only gets paid if you win your lawsuit. When a case is won, a percentage of the settlement will be paid to your lawyer. If a case is not won, you pay no attorney fees.

If you are in poor health, as is often the case in asbestos-related medical situations, the entire legal process can be expedited. If there is no urgency, the process could take several months or longer. In either case, the defendant probably will try to drag out the process. Your attorney will work to resolve your case as quickly as possible. Your mesothelioma attorney will handle each step so you can focus on your health and spend time with your loved ones.