Filing a 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, travel costs, and provide financial security for your loved ones.

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Should You File an Asbestos Lawsuit?

Mesothelioma is a rare cancer caused by asbestos exposure. Tragically, while asbestos companies were aware of the dangers associated with asbestos, they deliberately chose to continue selling their products to other companies, the military, and to the general population. This led to millions of Americans being exposed to this hazardous material without adequate protection or warning.

While the decision to file a lawsuit against asbestos companies is a deeply personal one, there are several benefits to doing so. Filing an asbestos lawsuit can hold these companies accountable for their negligence and can provide the deserved financial relief for mesothelioma victims and their families. This can ease the financial challenges of treatment and all other related costs.

Types of Mesothelioma Lawsuits

There are two common types of asbestos lawsuits that mesothelioma victims or families can file:

• Personal injury: Typically filed by a mesothelioma victim or on their behalf. This lawsuit seeks to recover damages for hardships associated with the disease, such as medical costs, lost wages, and pain and suffering.
• Wrongful death: Filed by family members of a mesothelioma victim. This lawsuit 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.

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.

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

Steps to 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 in filing a mesothelioma lawsuit is consulting with a lawyer with significant experience in asbestos claims. 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.

5. Reach a Verdict or Settlement

Your 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.

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.

Since this was my first experience in such matters, I appreciated the expertise of your attorneys. Their professionalism throughout the entire deposition impressed me to no end. I wouldn’t hesitate to recommend your firm to my family or friends. Joseph Buscemi

Why File a Mesothelioma Lawsuit?

Asbestos exposure has long been linked to mesothelioma. Companies knew the dangers of asbestos as far back as the 1930s but continued using it anyway, failing to protect or notify workers of the dangers until the late 1970s.

While many people are initially hesitant to pursue legal action to hold these companies accountable for their negligence, we strongly urge them to pursue their legal options for the following reasons.

Mesothelioma Treatment Is Expensive

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 compensation can help defray 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. Beyond these losses are non-economic losses such as the loss of love, companionship and enjoyment of life, and anxiety, stress, pain and suffering.

Settlement funds can help offset some of those costs and provide a sense of financial security for your family.

Why Choose ELSM Law?

At ELSM Law, we are not just a law firm; we are a dedicated team committed to fighting for the rights of mesothelioma victims. With four decades of experience in asbestos 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 settlements and jury verdicts we’ve received for our clients are among the highest in the country. Our dedicated attorneys will work hard to secure you the compensation you deserve.

Why What We Do Matters

“I wanted to thank all of you, especially Chris, in how you handled the process of our law suit. As you know my husband John was stricken with mesothelioma at the age of 55. His diagnosis was terminal, and it was important to him that he left his family with the knowledge that they would be taken care of. During the process of our lawsuit, Chris became part of our family and took us through the process with much care and concern for John and myself. Although it was a difficult period for us, we got through it with the help and compassion of Chris and his staff. I feel Chris is a great asset to the firm. He especially helped me after John's death to get through much of the anxiety of caring for my family going forward without my partner. I can now go on with the confidence that I can support myself and my family financially and emotionally. Thank you again for your continued help and support, we are forever grateful!”
- Angela Boyle and Family

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 4,000 hardworking men and women who have been exposed to asbestos and diagnosed with mesothelioma.

Frequently Asked Questions

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.

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.