Mesothelioma Lawsuit

Quick Summary

A mesothelioma lawsuit can provide money to cover the expenses of your illness and financial security for your family. While filing a lawsuit may seem overwhelming and complicated, we strive to make each step easier for you. At Sokolove Law, our experienced mesothelioma lawyers do the heavy legal lifting.

Filing a Mesothelioma Lawsuit

A mesothelioma lawsuit can help victims of asbestos exposure and their families afford medical care by securing financial compensation.

Companies chose to continue using asbestos after the dangers were known. In fact, they even hid the dangers from the public. Because millions of innocent people have been killed by asbestos-related diseases, a complex legal landscape has emerged to protect those injured and their families.

Filing a mesothelioma lawsuit can secure much-needed resources for families who are hit suddenly by staggering hospital bills on top of the emotional strain of a cancer diagnosis.

There is no cure for mesothelioma, and healthcare costs associated with asbestos-related diseases can easily reach over $500,000.

Sokolove Law has over 40 years of experience in handling personal injury lawsuits. We have a national network of mesothelioma lawyers, the ability to file a claim in any state, and decades of legal information at our disposal.

Types of Mesothelioma Lawsuits

In order for someone who has been diagnosed with mesothelioma to receive compensation, they will need to file the appropriate type of mesothelioma lawsuit.

Types of mesothelioma lawsuits include:

Mesothelioma Personal Injury Lawsuit

Patients with mesothelioma may file a lawsuit against the company that was responsible for exposing them to asbestos.

The asbestos industry knew the health risks of asbestos, but because it was cheap, durable, and good for the bottom line, companies continued to put their workers at risk.

Asbestos-related personal injury lawsuits hold specific companies responsible for an individual’s exposure to asbestos.

These cases allow a living individual to receive compensation for:

  • Living expenses
  • Lost wages
  • Medical expenses
  • Pain and suffering
  • Surgery
  • Travel
  • Treatments

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Sokolove Law has assisted over 6,000 families and recovered over $4.5 Billion for those harmed by asbestos. Learn how we can help you, too.

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Mesothelioma Wrongful Death Lawsuit

Family members may file a wrongful death lawsuit on behalf of the estate of someone who has been killed by mesothelioma.

These cases allow families to receive compensation for:

  • Funeral expenses
  • Loss of consortium
  • Lost income potential
  • Medical bills
  • Other related costs

If a person passes away before their personal injury claim is completed, their family may carry it forward as a wrongful death lawsuit. This is important because patients may only survive a few months after they are diagnosed with mesothelioma.

Mesothelioma Class-Action Lawsuit

People may opt to join a mesothelioma class-action lawsuit, but this is very uncommon.

Class-action lawsuits include many people who have similar cases and are filing them as a single case against a company that exposed them to asbestos.

Multidistrict Litigation (MDL)

People may file their mesothelioma lawsuit under multidistrict litigation (MDL), which is an established process built to group similar claims together. Similar to class-action lawsuits, this is less common.

Steps for Filing a Mesothelioma Lawsuit

Until they are diagnosed, most people have not given mesothelioma much thought. There is a lot of information to gather and decisions to be made about treatment options.

We know that understanding how to receive money to help pay for these treatments can seem difficult.

The team at Sokolove Law can help you make sense of the complex legal framework surrounding mesothelioma claims. We can also help you take advantage of different state laws and statutes of limitations (time limits for filing a claim which vary state-by-state) so you can receive the compensation you may deserve.

Let us help you choose the best course of action and guide you step-by-step.

1. Free Consultation

Get the answers to the essential questions today by reaching out to one of our case managers.

Does it make sense for you to file a mesothelioma lawsuit? Should you file a wrongful death mesothelioma lawsuit after a family member’s death?

The case managers at Sokolove Law will review your unique situation and determine if your claim is eligible.

2. Review and Research Work and Medical History

If we believe you have an eligible claim, we’ll come meet with you either at your home or in another place of your choosing — wherever it is easiest for you.

You will tell us your story, and we will figure out what is needed to build a successful mesothelioma claim. There is no cost for this meeting.

3. Determine Best Route to Compensation

With a better idea of your work and medical history, we’ll start to consider the available options.

There are a few different ways to seek compensation, and we’ll help you select the best fit for your situation to maximize the money you may receive.

4. File Lawsuit

With a plan in place, an official complaint will be filed on your behalf in the state that gives you the best chance of winning an asbestos settlement.

The statutes of limitations vary state to state, so it is important to file as soon as possible after a mesothelioma diagnosis.

5. Discovery Phase

Companies will rarely admit fault, so after a claim has been filed, lawyers on both sides will begin requesting records and other documentation to prove their case.

This is known as the discovery phase.

6. Results and Appeal

If both sides can agree on a compensation amount before going to trial, it is called a settlement. This is the most common outcome, but some cases are heard before a jury, which delivers a verdict.

Mesothelioma attorneys will only take the case to trial in rare instances. A trial can drag the legal process out for several months, delaying your compensation. Even worse, if you lose the trial, you get nothing.

In some cases, successful verdicts will be appealed by a company that wants to reduce or overturn the asbestos lawsuit settlement. An appeal can only be sought in certain situations, and either side can seek an appeal from a higher court.

A successful appeal from the defendants can reverse a decision by an earlier court that sided with you. On the other hand, an appeal by your legal team could give you the compensation you deserve.

Mesothelioma Lawsuit FAQ

People who are considering filing a mesothelioma lawsuit have a lot of serious questions.

Some of the most common questions we receive are outlined below.

How much time do I have to file a lawsuit?

The statute of limitations, which determines how long you have to file a lawsuit, varies from state to state and ranges from 1-6 years.

The state you live in may not be the best state to file your complaint, so it is important to contact a credible law firm right away to figure out how much time you have.

Further, statutes of limitations depend on a variety of factors, so the best — and only — way to know how long you have to file is by working with a trusted law firm.

How much does a mesothelioma lawsuit cost?

There are no up-front costs to file a mesothelioma lawsuit with Sokolove Law. We work on a contingency basis, meaning we will only accept payment if we are able to help you receive compensation.

My family member has died from mesothelioma. Can I file on their behalf?

Yes — this is known as a wrongful death lawsuit. Wrongful death lawsuits can be filed by the estate of someone whose life was needlessly taken by asbestos exposure.

Given my health condition, will I need to travel?

As your mesothelioma attorneys, we will represent you in court, following your instructions as we have agreed upon. We will travel to meet you as needed, though we try to minimize disruptions for mesothelioma patients and their loved ones.

Your testimony is a crucial part of the case, and, typically, we can record any statements you need to make in the comfort of your home or at a treatment center.

How do I know if I’m eligible to file a mesothelioma lawsuit?

People are eligible to file a mesothelioma lawsuit if they have a confirmed mesothelioma diagnosis and an asbestos-exposure history that locates the cause of the cancer.

Mesothelioma victims may help prove their eligibility with:

  • Medical records
  • Employment records
  • Testimony
  • Documentation of all expenses related to the cancer

After I file a mesothelioma lawsuit, how long will the process take?

Some mesothelioma claims will reach an outcome in a few months. The timeline will depend on many factors, including the type of lawsuit you file and whether you are able to reach a settlement or have to go to trial.

It is difficult to predict the duration, but having an experienced mesothelioma attorney is important because some defense teams will try to drag this process out to delay compensation.

If your health is poor, or if your cancer is late-stage, a mesothelioma lawsuit may be expedited.

The company responsible for my exposure is no longer around. Can I still file?

Some of the companies responsible for exposing people to asbestos have filed for bankruptcy due to the large number of claims against them.

To ensure that there would be money for future claimants, the courts ordered these bankrupt companies to establish asbestos trust funds. These bankruptcy trusts are designed to facilitate payments for valid claims quickly.

To qualify for asbestos trust fund compensation, a person must prove that they worked at a specific job within a specific time frame, in addition to proving diagnosis and asbestos exposure.

Different asbestos trust funds require varying criteria. The case managers at Sokolove Law can help you gather the information needed and see if you qualify.

Can I file an asbestos claim if I’m not sure when or how I was exposed?

It is understandably difficult for mesothelioma patients to pinpoint the cause of an illness that comes from exposure decades in the past.

We maintain a massive database with detailed information about companies and workplaces that have a known asbestos exposure history.

We’ll be able to help you determine and support your claim with reliable data that has taken us years to assemble.

Mesothelioma Lawsuit Settlements

Trials can be long and expensive. If an agreement can be reached beforehand, it is known as a settlement.

Our experienced mesothelioma attorneys have successfully negotiated many settlements, which allow patients in poor health to avoid the courtroom and receive compensation faster.

Nearly 95% of mesothelioma cases reach a settlement.

If no settlement can be reached, the case goes to trial. The case will then be heard before a jury, who will deliver a verdict.

The case value of a mesothelioma verdict is typically higher than that of a settlement, but the jury may not side with the plaintiff. During your free consultation, we will talk about your unique situation and help you decide on the proper course of action.

Sokolove Law has recovered $4.5 Billion in total compensation for families suffering from mesothelioma and other asbestos-related diseases.

Below are several of our recent outcomes:

  • $40.1 Million was awarded by a New York jury to a Navy veteran who got sick working as a fireman and boiler tender during the Korean and Vietnam Wars.
  • $10.5 Million was awarded to a pipefitter who was diagnosed with mesothelioma after working in foundries and refineries.
  • $5.5 Million was awarded to a U.S. Navy veteran who worked for three decades as a mechanic and demolition laborer before going on disability due to mesothelioma.

Sokolove Law is dedicated to helping victims of asbestos exposure get the information and resources they deserve. We have served on the front lines of this battle for more than 40 years and have helped thousands of clients prove their story and receive compensation.

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To date, Sokolove Law has recovered over $4.5 Billion for more than 6,000 victims. We are ready to help you, too.

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Why You Need an Experienced Mesothelioma Firm

Each day, families are blindsided by a mesothelioma diagnosis. People who thought they had the rest of their lives ahead of them suddenly discover they now only have months to live.

Plainly stated, asbestos companies could fight tooth and nail against you. This can add stress at a time when you should be focusing on staying healthy. By working with a mesothelioma law firm, you can reap the rewards with little stress.

Sokolove Law can help you file your lawsuit properly, build a strong case that shows your illness was caused by asbestos, and work to settle your case without the need for a trial. By filing, you are making a choice to secure crucial resources for your family, to hold companies accountable, and to help prevent more people from becoming sick in the future.

If you have received a mesothelioma diagnosis, you have a limited time to file a claim. Start the process today with a free case review.

Author:Sokolove Law

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and mesothelioma attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of mesothelioma and their families.

Last modified: December 12, 2019

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  3. Center for Disease Control, “Malignant Mesothelioma Mortality — United States, 1999–2015.” Retrieved from https://www.cdc.gov/mmwr/volumes/66/wr/mm6608a3.htm. Accessed on July 17, 2019.

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