What Is a Mesothelioma Personal Injury Lawsuit?
A mesothelioma personal injury lawsuit is a legal case filed by a person who developed mesothelioma after asbestos exposure. These lawsuits hold the companies that manufactured, sold or used asbestos products legally responsible and allow patients to seek financial compensation.
Some companies knew asbestos was dangerous but failed to warn workers and consumers. Many large corporations have been sued for continuing to use asbestos despite known risks. Some companies named in mesothelioma lawsuits include Johnson & Johnson (J&J), Procter & Gamble, Thomas Scientific Inc. and United States Steel Corporation (U.S. Steel).
Personal injury lawsuits are handled in civil court. The goal is to win compensation for patients and families, which can go toward medical bills, lost income and other expenses. Courts may also award punitive damages if a company acted recklessly.
Mesothelioma Personal Injury Settlements vs. Lawsuit Verdicts
Most mesothelioma lawsuits end in settlements, which usually provide quicker payouts and more certainty. About 95% of cases settle out of court, often resulting in compensation within months. Settlement amounts vary, but many fall between $1 million and $1.4 million. In some cases, even after a verdict, the parties agree to a post-trial settlement to avoid lengthy appeals.
When cases go to trial, a judge or jury decides responsibility and the amount of compensation. Verdicts may result in larger awards, averaging around $2.4 million. Cases that settle before trial may be shorter, but duration varies case to case.
Why File a Mesothelioma Personal Injury Lawsuit?
A mesothelioma diagnosis can bring fear, uncertainty and financial stress. Many patients worry about paying for treatment while also supporting their families. Filing a personal injury lawsuit may help ease this burden by providing financial relief and stability. Compensation from a successful lawsuit can go toward costs and hardships, such as:
- End-of-life costs
- In-home care
- Loss of care, companionship and guidance
- Lost income
- Medical expenses
- Pain and suffering
For many families, filing is about more than money. It can bring comfort to hold companies accountable for exposing people to asbestos. Taking legal action can also provide a sense of justice and help protect loved ones.
A lawsuit may also bring peace of mind. With an experienced lawyer handling the process, patients can focus on their health and time with family. Knowing the case is moving forward can help people feel more in control during an overwhelming time.
“A top mesothelioma law firm’s practice will be devoted entirely to asbestos litigation. Their attorneys will be licensed in many states so that they can file each case in the jurisdiction that will allow for maximum recovery based on where their clients have lived or have worked around asbestos.”
Lawyer and Legal Advisor
Experienced mesothelioma law firms offer more than legal strategy. They keep detailed databases of asbestos use and work with expert witnesses. Just as important, they support patients and families with compassion during a difficult time.
Resources for Mesothelioma Patients
Who Is Eligible to File an Asbestos Personal Injury Lawsuit?
People with mesothelioma or another asbestos disease may be able to file a personal injury lawsuit. This includes workers, veterans and others exposed to asbestos at work or through products used. Courts usually require proof of diagnosis, evidence of exposure and records of medical or financial losses.
Family members may also be eligible to file a wrongful death lawsuit if a loved one dies from an asbestos disease. These lawsuits seek compensation for the family’s financial and emotional losses.
People who developed an asbestos illness from secondhand or environmental exposure may also qualify. This can happen when someone handles asbestos-covered clothing or lives near a contaminated jobsite.
Time Limits for Mesothelioma Personal Injury Lawsuits
Each state sets a deadline for filing lawsuits, called the statute of limitations (SOL). In asbestos cases, the clock usually starts when a doctor confirms your diagnosis. If you miss the SOL deadline, you may lose your right to file a lawsuit, even if you have strong evidence.
Most states give one to four years to act. Because these time limits vary, it’s important to speak with an experienced mesothelioma lawyer right away.
Notable Personal Injury Settlements and Verdicts
Compensation in mesothelioma lawsuits can vary. It depends on factors like work history, medical records and strength of evidence. Settlements and verdicts can range from millions to hundreds of millions of dollars.
Examples of compensation awards from personal injury lawsuits include:
- $250 million: An Illinois jury awarded the largest asbestos verdict ever issued to a single person in U.S. history to a steelworker with mesothelioma. His exposure occurred while working at an Indiana steel mill.
- $117 million: A New York jury awarded this record-breaking verdict — the largest in state history — to a former metal worker and his wife. He developed mesothelioma from asbestos exposure while working at the World Trade Center.
- $42 million: A Boston jury issued this verdict to a man who developed mesothelioma after decades of using asbestos-contaminated J&J talc products.
- $40.1 million: A former U.S. Navy boiler tender and fireman with mesothelioma was awarded this amount after asbestos exposure during his service. He regularly worked with Goodyear’s Durabla and Cranite gaskets, both of which contained asbestos.
- $34.2 million: A former shipyard worker received this verdict after years of exposure to asbestos gaskets and packing made by John Crane.
- $29.4 million: An Oakland jury found J&J 98% responsible for a California woman’s mesothelioma diagnosis. In the 1960s and 1970s, she regularly used the company’s asbestos-contaminated talc products.
- $18.07 million: A Los Angeles jury awarded this verdict to a man with mesothelioma. He was exposed to asbestos at his father’s barbershop and from using talc products. Before punitive damages, the parties reached a confidential settlement.
- $17.25 million: A New York City jury originally awarded $75 million to a woman with peritoneal mesothelioma. Her illness was linked to secondhand exposure from her husband’s hospital maintenance job and at-home car repairs. The lawsuit was settled during post-trial motions and was reduced to $17.25 million.
- $16.7 million: A Los Angeles jury awarded this amount to a research scientist and professor. He developed peritoneal mesothelioma after occupational exposure to asbestos lab equipment.
- $8 million: A Massachusetts jury awarded damages to a woman who developed mesothelioma after decades of using contaminated talc products. Multiple companies were named in this asbestos talcum powder lawsuit, including J&J.
- $6.4 million: A Louisiana jury awarded damages to a nurse with mesothelioma from secondhand exposure. She was exposed to asbestos fibers from her father’s work clothes and asbestos waste in her neighborhood. Fiber supplier Asbestos Corporation Limited was found responsible.
How to File a Mesothelioma Personal Injury Lawsuit
An experienced mesothelioma lawyer can manage the legal burden so you can focus on your health. These cases are complex, but the right attorney makes them feel easier to navigate. Most mesothelioma law firms work on a contingency fee basis, meaning you pay nothing upfront and no fees unless you win.
The first step would be to meet with a mesothelioma lawyer for a free case review. During this case review, an attorney reviews your medical history, work records and asbestos exposure to explain your legal options and potential compensation. If you move forward, your attorney will guide you through each stage of the lawsuit. While every case is unique, most follow the same general steps:
- Your legal team builds your case. They gather evidence, identify responsible companies and calculate your financial losses.
- They file your lawsuit. Your lawyers draft and submit the formal complaint before court deadlines. This step officially starts your case and notifies the defendants.
- Go through discovery and negotiation. Both sides exchange evidence, review documents and interview witnesses. During this stage, your attorney works to negotiate a settlement. Some cases also resolve through mediation or arbitration, which can save time and reduce stress compared to going to trial.
- Proceed to trial if needed. If no settlement is reached, your case goes before a judge or jury. Your legal team presents evidence, calls expert witnesses and argues for the compensation you deserve.
- Handle appeals if they occur. Defendants may appeal an unfavorable verdict. If this happens, your legal team will continue representing you until the case is resolved.
Successful lawsuits can provide compensation for medical bills, lost wages, pain and suffering and other expenses. This financial support can help families find stability during a difficult time.
Common Questions About Mesothelioma Personal Injury Lawsuits
- Is asbestos a personal injury?
Asbestos exposure is not a personal injury. But exposure can cause diseases like mesothelioma, lung cancer and asbestosis, which are considered injuries. People with these illnesses may be able to seek compensation through lawsuits or asbestos trust fund claims.
- How long do personal injury lawsuits take?
The time it takes to resolve a personal injury lawsuit can vary. It often depends on the complexity of the case, the evidence available and whether the case settles or goes to trial. Some cases resolve faster through settlement, while others take longer in court.
- How are personal injury awards paid?
Personal injury awards are paid as either a lump sum or a structured settlement with installments. Funds usually go to your lawyers first. They deduct fees, costs and medical liens before sending you the remaining compensation.
- How do I get the most money from a personal injury claim?
To maximize a personal injury claim, see a doctor right away, keep records of injuries and expenses and preserve all evidence. You’ll also want to find an experienced asbestos lawyer. Remember to be patient during negotiations, avoid quick settlements and be ready to go to trial if needed.
