01. Asbestos Lawsuit Options
Types of Mesothelioma Lawsuits
People affected by mesothelioma can seek compensation from two types of lawsuits:
- Personal injury lawsuits: Filed by mesothelioma patients
- Wrongful death lawsuits: Filed by family members of deceased patients
Successful asbestos litigation can give asbestos victims financial security during a difficult time.
Mesothelioma lawyers can handle asbestos cases on behalf of victims. They focus on litigation and case details. This leaves patients and their families free to focus on mesothelioma treatment and one another.
The person filing a mesothelioma lawsuit is called the plaintiff. The companies being sued in mesothelioma cases are called defendants. These companies either manufactured, sold or installed asbestos products that the plaintiffs were exposed to.
Mesothelioma Personal Injury Lawsuit
Mesothelioma patients may file personal injury lawsuits to seek compensation from asbestos companies. Many companies exposed people to asbestos through their products and manufacturing processes. These companies may be liable for exposure that led to injuries like mesothelioma.
Patients should not worry if they cannot pinpoint which companies caused their mesothelioma. Asbestos lawyers can help figure out when and where exposure occurred. These lawyers have resources and expertise to build strong personal injury cases on behalf of their clients.
Compensation from this type of asbestos exposure lawsuit can help pay for costs of mesothelioma treatment. It can also help cover lost wages and lost future income.
Mesothelioma Wrongful Death Lawsuit
Family members whose loved ones die from mesothelioma may file wrongful death lawsuits. They may bring this type of lawsuit against companies responsible for exposing their loved ones to asbestos. A wrongful death lawsuit may be filed on behalf of the deceased patient’s estate, even if a personal injury lawsuit was filed.
Asbestos lawyers can help families file after the death of a loved one. These lawyers have experience securing financial compensation for families affected by asbestos diseases. They can handle the asbestos lawsuit process on behalf of their clients.
Payouts from wrongful death lawsuits can help cover end-of-life costs, lost income and medical expenses.
Recent Mesothelioma Lawsuit Results
Industry analysis from 2023 shows more than 3,500 asbestos lawsuits were filed in 2022. More than 1,800 were for mesothelioma, and over 20% of the cases cited contaminated talc as a source of exposure. Over the last year, there have been some notable mesothelioma lawsuit results. These include:
- A November 2024 trial resulted in a $22.5 million award to an 81-year-old military veteran and chemical engineer. The Connecticut court initially awarded $15 million, but a judge later added $7.5 million in punitive damages.
- In July 2024, a court awarded a former Avon employee $24.4 million. The former janitor developed mesothelioma after asbestos exposure in a Chicago-area Avon factory.
- In April 2024, a family was awarded $45 million in a wrongful death lawsuit against Johnson & Johnson and two subsidiaries. Their family member was a regular user of the company’s talc baby powder and developed mesothelioma
It’s important for mesothelioma patients and their families to work with an asbestos lawyer. These attorneys have the experience to handle complex asbestos lawsuits.
02. Why File an Asbestos Lawsuit?
Why File a Mesothelioma Lawsuit?
Mesothelioma lawsuits are an important resource for asbestos victims. Litigation can help provide financial security and a sense of justice to people affected by asbestos diseases. Lawsuits are a way to hold asbestos companies accountable for their actions and relieve the burden they placed on their victims.
The choice to file a lawsuit is yours. An experienced mesothelioma lawyer can help you decide whether to pursue legal action during a free consultation.
If you decide to pursue legal action, your legal team can handle filing and litigating your case. This leaves you free to focus on treatment and time with your loved ones.
Resources for Mesothelioma Patients
03. Who Is Eligible to File?
Who Can File a Mesothelioma Lawsuit?
You may be able to file an asbestos lawsuit if you or a loved one have been affected by an asbestos-related illness, like mesothelioma or lung cancer. Asbestos attorneys can help you understand your lawsuit options. They can also gather documents and meet deadlines needed to comply with eligibility requirements.
Are You Eligible to File a Mesothelioma Lawsuit?
You may be eligible to file an asbestos lawsuit if you or a loved one develop an asbestos disease. A patient must show proof of a mesothelioma diagnosis to file a personal injury lawsuit. Family members of deceased patients must show proof of death from an asbestos disease to file a wrongful death lawsuit.
A strong case should also show evidence that the party you are suing should be held liable. If you are not sure where or how exposure occurred, asbestos attorneys have resources to uncover this information.
State laws also require filing a mesothelioma lawsuit in a timely manner. Speaking to an asbestos attorney soon after a diagnosis or death can help avoid missing any deadlines.
How the Statute of Limitations Impacts Eligibility
Each state has deadlines for filing lawsuits outlined in laws called statutes of limitations. Most states have one- to three-year time frames for filing personal injury or wrongful death lawsuits. Waiting to file a lawsuit for asbestos exposure can limit legal options.
Different events trigger the statute of limitations for different types of lawsuits, for example:
- Personal injury mesothelioma lawsuits: The time to file a personal injury action begins when a person receives a mesothelioma diagnosis. In general, states set one- to three-year windows for filing personal injury lawsuits. Some states provide more time to file a personal injury lawsuit. For example, Maine and North Dakota both allow six years. Missouri allows five years. Florida and Minnesota allow four years.
- Wrongful death mesothelioma lawsuits: The time to file a wrongful death action begins when a patient passes away from mesothelioma. In general, states set one- to three-year windows for filing wrongful death lawsuits. Popular states for filing asbestos lawsuits have a mix of time frames for wrongful death cases. Missouri and Michigan allow three years. Illinois and New York allow two years. California only allows one year to file.
Some states set a different amount of time for filing personal injury or wrongful death lawsuits.
Learn About Mesothelioma Legal Options in Your State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
04. Where to File?
Best States for Asbestos Lawsuits
Certain states are more favorable towards asbestos victims (plaintiffs). These states often handle the majority of asbestos lawsuits filed each year. In 2022, top locations for mesothelioma filings included jurisdictions in Florida, Louisiana, Washington, Illinois, New York, California, Pennsylvania and New Jersey.
The states you file your lawsuit in may not necessarily be the state where you currently reside. You may be able to file based on prior areas you lived in, states you worked in or where the company that exposed you is based. Lawyers can help victims choose the most favorable state to file in.
What Makes a State Favorable for Asbestos Lawsuits?
Several factors may make one state a better asbestos lawsuit state than another, including:
- Asbestos case precedents
- Compensation laws
- Evidentiary laws
- Negligence laws
- Secondary exposure rules
- Statutes of limitations deadlines
Since these laws and factors vary by state, an experienced asbestos attorney is the best person to help evaluate your mesothelioma lawsuit options.
05. Steps to File a Lawsuit
How to File a Mesothelioma Lawsuit
If you want to file a mesothelioma cancer lawsuit, an attorney at a qualified law firm can provide a free case review. If you decide to hire the firm, their legal team will handle filing and the other parts of the legal process.
Mesothelioma legal cases may vary in some ways, but the process typically involves the following steps:
- You receive a free consultation to decide whether to hire a law firm.
- Your lawyer researches the details of your case.
- Your lawyer determines recovery options.
- Your lawyer files the lawsuit.
- The discovery phase of litigation begins.
- The lawsuit reaches a resolution through a settlement or verdict.
Asbestos attorneys can explain how you can expect your individual case to proceed. After filing, they will keep you updated on any developments in your case.
Other Legal Alternatives to Asbestos Litigation
Mesothelioma patients and their loved ones may have compensation options in addition to lawsuits, such as:
- Asbestos bankruptcytrust fund claims: Many companies have gone into bankruptcy because of all the asbestos litigation they have faced. These companies have established trusts to pay out all present and future asbestos claims.
- Veterans benefits claims: The military commonly used asbestos during the 20th century. Veterans with mesothelioma and their families may be eligible for monthly benefits from the U.S. Department of Veterans Affairs (VA).
- Workers’ compensation claims: Most states require businesses to have insurance to cover jobsite injuries. Workers’ compensation insurance may cover mesothelioma patients exposed to asbestos on the job.
Asbestos claims generally result in less compensation than lawsuit payouts. A mesothelioma lawyer can help determine your eligibility to file different asbestos claims. They can also file any claims on your behalf.
06. What to Expect
What to Expect When You File an Asbestos Lawsuit
You can expect your asbestos lawsuit to follow the general steps from filing to resolution. This includes filing, discovery and either a settlement or verdict. Your lawyer can explain how various factors can affect how long your unique case may take.
How Long Does a Mesothelioma Lawsuit Take?
Asbestos lawsuits may take anywhere from several months to one year or longer. Lawsuits settled without going to trial may be shorter, but the duration can still vary. A mesothelioma lawsuit timeline depends on several factors that may be different from case to case, including:
- Availability of parties to the lawsuit
- Availability of witnesses for depositions
- Complexity of case
- Court caseload
- Number of parties involved
Your mesothelioma lawyer can explain how different factors may affect how long your lawsuit may take.
07. Notable Lawsuit Verdicts
Notable Mesothelioma Lawsuit Verdicts
Patients and their families have received millions of dollars from lawsuits for mesothelioma. Throughout the country, victims continue to win at trial against asbestos companies. Lawsuit trial verdicts can result in higher compensation than settlements or mesothelioma claims.
Notable mesothelioma lawsuit verdicts include:
Trends in Asbestos Lawsuit Filings
The history of asbestos litigation stretches back several decades. The 1973 case Borel v. Fibreboard Paper Products Corporation marked the first major victory of a mesothelioma patient against an asbestos company. Today, patients and their families continue to win cases against asbestos companies.
Trends in asbestos litigation do change over time. Court rulings, asbestos laws and new information and research all affect litigation trends. For example, a 2018 report revealed evidence that Johnson & Johnson (J&J) knew about asbestos in its talc products. The report resulted in thousands of victims of asbestos exposure filing lawsuits against J&J.
Most recently, certain cosmetic companies have been found liable for some of their products that contained asbestos-contaminated talc. Dedicated asbestos attorneys stay on the forefront of trends in asbestos litigation.
08. Common Questions
Common Questions About Mesothelioma Lawsuits
- How do I choose a defendant if I don’t know how I was exposed to asbestos?
You do not have to worry if you do not know how you were exposed to asbestos. It can be difficult to determine exposure history. But mesothelioma lawyers have the resources and experience to figure this out. They will look into your personal and occupational history to determine which companies may have caused your exposure.
- Will I need to travel if I file a lawsuit?
You will likely not need to travel for your lawsuit. Mesothelioma lawyers usually travel to you for case-related matters. This includes interviews, research and other tasks. They will also appear in court on your behalf, allowing you to avoid travel and stress.
- What happens when a person dies during their personal injury lawsuit?
The legal process does not end when a patient dies from mesothelioma during a personal injury lawsuit. A representative of the deceased may continue the mesothelioma case on the deceased’s behalf. Compensation may be paid to the deceased’s estate. Family members may file separate wrongful death lawsuits to compensate them for harms caused by the death of a patient.
- Are mesothelioma lawsuits considered class actions?
Asbestos lawsuits are usually litigated as individual actions. Class action asbestos lawsuits are very rare after a series of Supreme Court cases in the late 1990s concluded asbestos exposure lawsuits are poor candidates for class actions.
