Mesothelioma Lawsuit

A mesothelioma lawsuit can help you recover the high costs associated with a mesothelioma diagnosis.

The financial burden and emotional stress of a mesothelioma diagnosis can be difficult for both patients and families. Filing a mesothelioma lawsuit can help you recover costs associated with medical treatment, lost wages and travel costs, and provide financial security for your loved ones.

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Mesothelioma Lawsuits At a Glance

• There are two main types of asbestos lawsuits—personal injury (filed by mesothelioma patients) and wrongful death (filed by families after a loss), each designed to hold companies accountable.
• Experienced attorneys at ELSM Law can uncover exposure details even if you’re unsure where or how you encountered asbestos, using databases with decades of legal documentation and product research.
• It's important to consult with a lawyer early because the time frame within which you can file a mesothelioma lawsuit begins at the time of diagnosis and typically lasts 1 to 3 years.
• You only pay legal fees if compensation is awarded, and the ELSM team will handle every part of the process—so you can focus on your health and your family.

Why File an Asbestos Lawsuit?

Asbestos exposure has long been linked to mesothelioma, a rare cancer. Companies knew the dangers of asbestos as far back as the 1930s but deliberately chose to continue selling their products to other companies, the military, and the general population up until the late 1970s. This led to millions of Americans being exposed to this hazardous material without adequate protection or warning.

The decision to file a lawsuit against asbestos companies is a deeply personal one, and many people are initially hesitant to pursue legal action. But mesothelioma lawsuits can hold these companies accountable for their negligence and provide the deserved financial relief for mesothelioma victims and their families. We strongly urge you to pursue your legal options for the following reasons.

To Pay for Expensive Mesothelioma Treatment

Conventional medical care and treatment for mesothelioma is expensive and can include surgery, radiation and/or chemotherapy. Repeated hospital stays might involve scans, x-rays and blood work. There are also expenses associated with obtaining treatment, including air travel, hospital parking, meals, lodging and co-pays.

There is no guarantee insurance will cover it all. Exercising your legal right to file a mesothelioma cancer lawsuit can help cover those costs.

To Protect Your Loved Ones

Patients and their families suffer greatly and experience ongoing loss after a mesothelioma diagnosis. Financial damages extend far beyond the patient and their treatment, with the potential for lost wages, loss of household services and other miscellaneous expenses falling on family members.

A mesothelioma lawsuit can help offset some of those costs and provide a sense of financial security for your family.

Why Choose ELSM Law?

Early, Lucarelli, Sweeney and Meisenkothen is not just a law firm — we are a dedicated team committed to fighting for the rights of mesothelioma victims. With more than four decades of experience in mesothelioma litigation, we have developed a deep understanding of the unique challenges that mesothelioma cases present.

Our commitment to our clients extends beyond the courtroom. Our attorneys are sincere, compassionate and aggressive advocates who work tirelessly to recover top settlement dollars and provide you with the support you need every step of the way.

Our Mesothelioma Lawsuit Settlements

The mesothelioma settlements and jury verdicts we’ve received for our clients are among the highest in the country. Our dedicated attorneys will fight hard to win you the compensation you and your family deserve.

Who Can File an Asbestos Lawsuit?

Any person who has been diagnosed with mesothelioma due to asbestos exposure is eligible to file an asbestos lawsuit. This includes workers who were exposed to asbestos on the job and those who were exposed through secondary contact, such as washing a family member's asbestos-laden work clothes.

In the case of a mesothelioma wrongful death lawsuit, the deceased person's immediate family members or estate executor are eligible to file.

Filing a Mesothelioma Lawsuit

Filing a mesothelioma lawsuit involves several steps, from consulting with a lawyer to receiving compensation.

1. Consult a Lawyer

The most important step is consulting with an experienced mesothelioma lawsuit attorney. A qualified lawyer will guide you through the legal process, answer your questions and help you understand your rights and options.

2. Case Evaluation

Your case evaluation can be done from the comfort of your own home by phone, by video chat or in-person. Our legal representatives will gather information about your asbestos exposure and medical history. This information will be used to build your case and determine the best course of action. Even if you're unsure of where or how you were exposed to asbestos, an experienced lawyer can help uncover this information.

3. File Your Asbestos Lawsuit

Once your case has been evaluated, your lawyer will file a lawsuit on your behalf, usually within 30 to 60 days. The lawsuit will detail your asbestos exposure, your diagnosis and the damages you are seeking.

4. Discovery Period

The discovery period is when both sides gather evidence for their case. This may include medical records, employment records and depositions. Your lawyer will guide you through this process and only ask for what they need to ensure that all necessary evidence is collected.

Pinpointing asbestos products that a mesothelioma victim was exposed to is crucial in seeking compensation from liable companies. Law firms dedicated solely to asbestos litigation have databases full of information regarding where and when certain asbestos products were used at jobsites across the country and which companies produced them. Ethan Early
Partner and Mesothelioma Lawyer

5. Reach a Verdict or Settlement

Your mesothelioma case may go to trial or settle out of court. Your lawyer will advise you on the best course of action based on the specifics of your case. Our attorneys always respect your right to choose the best option for you.

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Mesothelioma Lawsuit Timeline

Mesothelioma treatment can be costly, and people often want to know when they might receive compensation. You could start receiving compensation in as little as 90 days. While some cases reach a settlement within a few months, others take a few years to resolve. If your case goes to trial, your mesothelioma lawsuit timeline may be longer.

Payments from mesothelioma lawsuits may come in one lump sum or in several parts over time. After your initial consultation with an attorney, ELSM can start working on your case right away to help move things forward as quickly as possible.

Factors Impacting the Mesothelioma Claims Process

Every mesothelioma cancer lawsuit is different, so the time it takes to get compensation depends on your specific situation. Some of the biggest factors include:

• Case complexity: If your case involves multiple companies or hard-to-find records, it may take more time for your lawyer to investigate.
• The state where you file: Your case may be eligible to be filed in different states or jurisdictions, not just where you live. One state may be more favorable for your case than others.
• Settling vs. taking your case to court: Most cases settle before trial, which is usually faster. If your case goes to trial, the process may take longer while potentially resulting in a higher compensation amount.
• The law firm you choose: ELSM has decades of experience with mesothelioma cases and knows how to move quickly to secure your compensation.

Why What We Do Matters

Statute of Limitations for Asbestos Lawsuits

It's important to consult with a lawyer as soon as possible after diagnosis to ensure that you don't miss the window of opportunity to file a lawsuit. The statute of limitations for asbestos lawsuits is typically 1-2 years but may be as high as 6 years and varies by state.

Depending on your case, you may have the option to file in a different state from where you live. Our nationally recognized mesothelioma lawyers can help you determine the best location to file your claim.

Types of Mesothelioma Lawsuits

There are two common types of asbestos lawsuits that mesothelioma victims or families can file: personal injury and wrongful death. Mesothelioma class action lawsuits no longer exist.

Personal Injury

Personal injury lawsuits are typically filed by a mesothelioma victim or on their behalf. This type of mesothelioma or lung cancer lawsuit seeks to recover damages for hardships associated with the disease, such as medical costs, lost wages and pain and suffering.

Wrongful Death

Wrongful death lawsuits are filed by family members of a mesothelioma victim or their estate executor. This type of mesothelioma litigation seeks compensation for the losses experienced by the family because of their loved one's death, including funeral and burial expenses, loss of income and loss of companionship.

Mesothelioma Class Action Lawsuits

Courts decided years ago that asbestos class action lawsuits should be handled as mass torts instead. In a class action, everyone shares the same outcome, but in a mass tort, you file your own case and get results based on your situation. This gives you a better chance at fair mesothelioma compensation for what you and your family are going through.

Asbestos Lawsuit Payout Amounts

No two mesothelioma cases are exactly the same, so payouts vary from person to person. Most mesothelioma settlements and verdicts are not taxable, although certain portions of an award may be subject to taxes depending on the circumstances. Our attorneys will work closely with you to understand your situation and fight for the most compensation possible. Some of the things that can affect how much money you receive include:

• Your medical bills: You deserve compensation for both immediate and future treatment needs.
• The number of asbestos companies involved: More companies may lead to higher payouts.
• Your lost income: Your claim may include lost wages and future earning potential.
• Pain and suffering: This includes the emotional and physical impact of mesothelioma on your life.
• Where you file: Some states award more in damages than others.

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Asbestos Lawsuit Alternatives

If you're looking for faster compensation or you’re not sure if you meet mesothelioma lawsuit criteria, there are other ways to get additional financial help, like asbestos trust funds or veteran benefit claims. An experienced mesothelioma attorney can guide you through the process and help you understand what works best for your situation. You may be eligible for multiple types of compensation.

Asbestos Trust Funds

Asbestos trust funds were set up by companies that manufactured asbestos and later filed for bankruptcy. These companies were required to set aside money to pay people who got sick after being exposed to their products. If you have a confirmed mesothelioma diagnosis and can show proof of exposure to one of these companies’ products, you may qualify for compensation from one or more trust funds. An experienced mesothelioma lawyer can help you identify these products.

Mesothelioma VA Claims

The military used asbestos in ships, aircraft, vehicles and buildings for many years, which put veterans at risk. If you received a mesothelioma diagnosis and your asbestos exposure happened during active duty, you may be eligible for monthly compensation, health care and other mesothelioma VA benefits.

Workers’ Compensation

Most asbestos exposure occurred on the job, and certain occupations were more at-risk than others. If your mesothelioma diagnosis is a result of your work history, you may be eligible for workers’ compensation benefits. A mesothelioma attorney can help you determine eligibility, file a claim and get compensation.

Meet Our Asbestos Attorneys

At ELSM Law, our attorneys focus solely on asbestos lawsuits, providing them with a deep understanding of the unique legal considerations associated with mesothelioma cases. Our national law firm is recognized for its representation of over 5,000 hardworking men and women who have been exposed to asbestos and diagnosed with mesothelioma.

Frequently Asked Questions

Can I file a lawsuit after the death of a loved one?

Yes, the family members or estate executor of the mesothelioma victim can file a wrongful death lawsuit on their behalf. This type of case can help cover medical bills, funeral costs and lost income. A mesothelioma lawyer can guide you through the steps.

Who qualifies for an asbestos lawsuit?

Any person who has been diagnosed with mesothelioma due to asbestos exposure is eligible to file a lawsuit. This includes workers who were exposed to asbestos on the job, as well as those who were exposed through secondary contact. It's important to note that each case is unique, and eligibility can depend on a variety of factors. A qualified mesothelioma lawyer can help determine your eligibility to file a lawsuit.

Who is liable for mesothelioma?

Companies that made or used asbestos products, even decades ago, can be held responsible if they caused your exposure. Asbestos companies could be manufacturers, job site owners or suppliers. An attorney can investigate your history and find out which companies may be to blame.

How long does a mesothelioma lawsuit take?

The length of a mesothelioma lawsuit can vary depending on several factors, including the specifics of the case, the court's schedule, and the laws in your state. On average, a mesothelioma lawsuit can take anywhere from a few months to a few years to resolve. Lawsuits that end in settlements are usually shorter, while lawsuits that result in trials usually take longer. Your lawyer can provide a more accurate timeline based on your specific circumstances.

What is the average settlement for a mesothelioma lawsuit?

The amount of compensation awarded in a mesothelioma lawsuit can vary widely depending on the specifics of the case, including the extent of the victim's exposure to asbestos, the severity of their illness, and the degree of negligence on the part of the defendant. Mesothelioma lawsuit settlements can range from hundreds of thousands to millions of dollars on average. Keep in mind that each case is unique, and past results are not a guarantee of future outcomes.

Can family members file a mesothelioma lawsuit?

Yes, family members of a person who has died from mesothelioma may be eligible to file a wrongful death lawsuit. This type of lawsuit seeks compensation for loss of financial support and funeral and burial expenses. The eligibility to file a lawsuit can depend on a variety of factors, so it's important to consult with a qualified mesothelioma lawyer to understand your rights.

What is the first step in filing a mesothelioma lawsuit?

The first step in filing a mesothelioma lawsuit is to consult with a lawyer who has extensive experience in asbestos cases. The lawyer will review your case, discuss your legal options, and help determine your eligibility to file a lawsuit.

How much will it cost to file an asbestos lawsuit with ELSM?

You will have no out-of-pocket costs when filing a mesothelioma lawsuit with ELSM Law. We operate on a contingency fee basis which means we only get paid if money is recovered from your claim.

Will my mesothelioma lawsuit be filed in my state?

An experienced mesothelioma lawyer will consider all the details of your case and recommend the most favorable jurisdiction to file your lawsuit in. This may or may not be in your state.