Why File an Asbestos Lawsuit?
Compensation from an asbestos lawsuit can reduce financial hardships for you and your family. Mesothelioma lawsuits can provide money for medical and travel expenses, pain and suffering related to the illness and a better financial future for your loved ones.
A qualified mesothelioma attorney can help you decide whether to pursue a lawsuit and guide you through the process. If you choose to file a claim, you would sue manufacturers of asbestos products rather than the government or military, if you were exposed while serving.
Filing a Mesothelioma Lawsuit
First, you must find an attorney who will prepare and file a written complaint with a court to start the legal process.
Filing and the steps that follow may take several months, but if you are very sick, your attorney may ask the court to speed the process along before your condition worsens. Your attorney will guide you and represent you every step of the way.
1. Choose an Attorney
The first step in a successful filing process is choosing an attorney experienced in asbestos litigation. Top mesothelioma law firms will provide you with a free consultation to talk about your case and go over your legal options.
2. Case Review and Preparation
Answer your attorney’s questions about your asbestos exposure history, work history and medical history. This is part of a mesothelioma case review. Work with your lawyer if they need additional testimony for your case. You might need to answer additional questions about your work history and asbestos exposure history.
Your attorney will research what claim and compensation options best fit your needs. Whether you file a personal injury lawsuit, a wrongful death lawsuit or a claim with an asbestos trust, a skilled attorney will help you prepare all the documentation needed to support your claim.
3. File Mesothelioma Lawsuit
After the relevant information is gathered, your attorney will file your lawsuit on your behalf and manage the legal proceedings. They will advise you on whether to take a settlement offer or negotiate for additional compensation.
4. Responses and Discovery
Each defendant in your lawsuit will receive a copy of your complaint. They will have a certain amount of time, usually 30 days, to respond. Defendants rarely admit fault. They most likely will deny your claims and argue your complaint is not valid, or they may contend that someone else is responsible for your exposure to asbestos. Your attorney will reply to each defendant’s responses.
Lawyers on both sides will gather information about your allegations, asking the other side to answer written questions, produce documents and participate in depositions. Some of the information may become evidence used at trial. You may need to participate in a videotaped deposition and answer questions under oath from the defendants’ lawyers. This is often done from the comfort of your own home and under the guidance of your attorney.
5. Settlement or Trial
Before a trial starts, defendants may offer to resolve the case by offering you money. Mesothelioma settlements depend on multiple factors and can influence your decision whether to go to trial. If you decline a settlement offer, it’s possible the defendant will make another offer. Your attorney will negotiate on your behalf.
Going to trial is rare. Even if a case does go to court, you may not be required to appear. The trial process varies depending on where you file a claim. Results depend on your history of asbestos exposure, the state where the lawsuit is filed, your medical history and other factors. If you win and the defendant does not appeal, you will usually start receiving payments a few months after the verdict.
6. Resolution
If you win the trial, defendants may decide to file an appeal. There is a limited amount of time to file an appeal, usually between 30 and 180 days from the time the verdict is given. This will delay any monetary award, but defendants will need to post “bond” for the amount awarded while the appeal proceeds.
If the defendants lose their appeal, you will start receiving payments. If the appeal is successful, defendants may end up paying a smaller amount or nothing at all.
Notable Asbestos Lawsuit Verdicts
In 2022, Weitz & Luxenburg secured $43 million for a mesothelioma patient after a jury found Algoma Hardwoods, Inc. responsible for asbestos exposure.
These payouts are known as trial verdicts, and they are often higher than what a patient may receive from a settlement offer or a trust fund claim:
$250 million awarded to a retired steel worker in 2003 over exposure to asbestos insulation
$75 million awarded to the wife of a race car driver in 2017 over exposure to asbestos-containing engine gaskets
$48 million awarded to the family of a construction worker in 2012 over exposure to asbestos in building materials
$29.4 million awarded in a talc lawsuit to a long-time talcum powder user in 2019 over exposure to asbestos-contamination
$18.6 million awarded to the family of a factory worker in 2014 over asbestos exposure at a tire plant
$18 million awarded to a barber’s son in 2016 over exposure to asbestos-contaminated talcum powder
