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How Can I File a Mesothelioma Lawsuit - morgan and morgan
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How Can I File a Mesothelioma Lawsuit?

How Can I File a Mesothelioma Lawsuit?

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How Can I File a Mesothelioma Lawsuit?

Developing mesothelioma decades after coming into contact with asbestos at work or elsewhere can be upsetting and lead to high medical costs. However, you could have legal recourse and recover compensation. If you are suffering from mesothelioma, learning about how to file a mesothelioma lawsuit can be essential for securing your future and the future of your family. If your loved one passed away due to mesothelioma, you could file a wrongful death lawsuit and receive compensation.

Fighting a deadly disease or dealing with the loss of a loved one and handling a lawsuit at the same time can feel overwhelming. Let us take some of the weight off your shoulders. Morgan & Morgan has helped countless mesothelioma sufferers recover the compensation they need and deserve. We fight to protect people like you and hold unethical companies to account. Contact us now for a free case review to get started.

You Could Have a Mesothelioma Case

If you were diagnosed with mesothelioma, you could pursue damages by filing a personal injury lawsuit and holding a company accountable for harming your health. Generally, a lawsuit aims to secure a financial settlement for victims exposed to asbestos either at work or from a dangerous product. Depending on why the victim developed mesothelioma, claims can be paid by an employer, manufacturer, or an asbestos trust fund. Compensation can help pay for victims’ treatments and other costs arising from mesothelioma. 

Generally, the types of cases victims and families impacted by mesothelioma can file include:

Personal Injury Lawsuit

If you are diagnosed with mesothelioma, you could file a personal injury lawsuit against the responsible party and seek compensation. Awards you could receive in a successful case will be based on:

  • Your age 
  • The past, current, and future cost of medical expenses
  • Lost income if you can no longer work
  • Whether you have dependents
  • Your degree of pain and suffering

If you believe that you could have a case, your best next step can be discussing your circumstances with a mesothelioma attorney at Morgan & Morgan who can walk you through your legal options and help you move forward with a claim.

Wrongful Death Lawsuit

If your loved one died from mesothelioma, you could pursue compensation. Depending on your state’s laws, a spouse, child, another close relative, or the representative of the decedent’s estate may be able to file a mesothelioma lawsuit. Relatives and dependents of the deceased could be entitled to damages such as loss of income, loss of companionship, and others. Since laws vary by state, consider speaking to an attorney to determine whether you could file a wrongful death lawsuit in your state.

Class-Action Lawsuits

In previous years, mesothelioma victims came together to file class-action and multi-district lawsuits against companies. When the case concluded successfully, all plaintiffs received the same amount of compensation, regardless of their injury and expenses. In some cases, that meant that those victims with high damages did not receive as much compensation as they needed for their medical treatments and other costs. Class action mesothelioma cases are generally no longer filed.

Asbestos Trust Funds

If you are not eligible to file a mesothelioma lawsuit, you could still recover damages from an asbestos trust fund. Asbestos trust funds were set up by companies exposing their workers to the toxic mineral. Once victims started filing asbestos lawsuits, many companies were seeking bankruptcy protection. The government then required companies to establish trust funds to compensate victims of asbestos exposure. 

Asbestos trust funds are all different and set their own settlement amounts, which may or may not be enough to pay for a victim’s damages. To receive a settlement, mesothelioma sufferers have to file a claim with the appropriate trust fund and provide medical evidence proving their claim. We can determine all your options, whether to file a personal injury lawsuit or a claim with a trust fund. Our experienced mesothelioma lawyers can also help you file a claim with an asbestos trust fund.

How Do You Develop Mesothelioma?

The dangers of asbestos are well documented. According to the Occupational Safety and Health Administration (OSHA), breathing in asbestos can cause the formation of scar-like tissue in the lungs and eventually result in various asbestos-related diseases. Asbestos also causes mesothelioma, a fatal tumor of the tissue lining the lungs and stomach. 

In most cases, to develop mesothelioma, victims must have come into contact with asbestos at one time in their lives, whether at work, at home, or elsewhere. According to the American Cancer Society, asbestos exposure is responsible for eight out of ten mesothelioma cases. Most mesothelioma sufferers, therefore, could be entitled to compensation. 

What Is Mesothelioma?

Mesothelioma is an incurable cancer of the thin layer of tissue that covers some of our internal organs, such as the heart, lungs, and stomach. The most commonly diagnosed form of mesothelioma is that of the lungs. Mesothelioma symptoms can include abdominal or chest pain, shortness of breath, night sweats, unexplained weight loss, and others. 

You Could Still File a Mesothelioma Lawsuit 

Asbestos-related diseases, such as mesothelioma, may not show for many decades. Therefore, victims may not know or remember where they came into contact with the mineral and who would be responsible for their damages. An attorney at Morgan & Morgan can help uncover where you suffered asbestos exposure and determine whether you still have legal recourse.  

You could, most likely, still file a lawsuit even if your exposure to asbestos happened many years ago. Although most states have deadlines for filing personal injury lawsuits, the time generally only starts ticking down when you received a mesothelioma diagnosis and not before. This lapse in time, which could be thirty years or more, does not affect victims’ eligibility for filing a lawsuit. 

Compensation You Could Recover With a Mesothelioma Lawsuit

While compensation will differ from one mesothelioma case to another and depend on damages and expenses, you could potentially receive:

  • Medical expenses and future medical costs
  • The costs of hiring caregivers or home help
  • Psychological counseling costs
  • Rehabilitation expenses
  • Lost income and future lost wages
  • Awards for pain and suffering

Depending on your unique case and damages, you could qualify for other compensation. 

How to File a Mesothelioma Lawsuit

To file a mesothelioma lawsuit, you will require some or all of the following:

  • A medical diagnosis of mesothelioma
  • Records of your medical bills and other expenses relating to the disease
  • Employment records related to asbestos exposure

In some cases, simply being diagnosed with mesothelioma can qualify for filing a lawsuit or a claim. Once you have received a diagnosis, consider speaking to a mesothelioma lawyer as soon as possible. Our tenacious attorneys are committed to helping mesothelioma victims and can advise you of your legal rights. 

Filing the Mesothelioma Claim

Once our attorneys have assessed your diagnosis and evidence, determined asbestos exposure, and confirmed your eligibility for filing a claim, your attorney can move forward with filing a claim or lawsuit.


After your attorney files the case, the discovery period will begin. Both sides will conduct research, examine documents, and interview witnesses during this phase. Your attorney will use the discovery period to build your case against the defendant. 

Settlement or Trial

Most mesothelioma claims are resolved with an out-of-court settlement. However, occasionally, a case may go all the way to trial. 

In practice, a mesothelioma claim can be complex. Victims should ensure they know all their options by seeking comprehensive legal advice from a seasoned mesothelioma attorney. 

How Can Morgan & Morgan Help Me?

If you suffer from mesothelioma and are wondering how you can file a mesothelioma lawsuit, our lawyers could help. We can:

  • Assess your case
  • Determine where the asbestos exposure occurred
  • Gather evidence to prove your case
  • Identify the liable party or parties
  • Provide expert witnesses 
  • Build a case against the responsible company
  • Negotiate a fair settlement
  • Take your case to trial and fight vigorously for what you deserve

Moreover, Morgan & Morgan does not want you to be out of pocket. We do not charge any attorney’s fees unless we successfully resolve your mesothelioma case and you receive compensation. 

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  • Which Occupations Put Workers at a High Risk to Develop Mesothelioma?

    Asbestos-related diseases such as mesothelioma frequently occur in workers who handle asbestos products. Workers most at risk include those employed in: 

    • Construction and demolition
    • Shipyards
    • Car industry
    • Refineries
    • Asbestos mining
    • Navy
    • Chemical industry
    • Asbestos product manufacture

    Many other workers potentially encounter asbestos, including electricians, plumbers, mechanical engineers, and even teachers working in an asbestos-contaminated building for years. As a result, many of these individuals could face a ticking time bomb in their bodies. 

    Moreover, affected workers can put their entire families at risk. Even those living with someone who handled asbestos are at a higher risk of developing mesothelioma since workers can bring the tiny fibers into their homes on their clothing, hair, and even skin. Family members who wash the clothes of a worker handling asbestos, for example, can be at risk for developing mesothelioma and other asbestos-related diseases. Consulting an asbestos lawyer can clarify your options for receiving compensation.

  • How Long Will My Mesothelioma Lawsuit Take?

    Mesothelioma cases can vary significantly in length, depending on your individual circumstances. The length of your claim will depend on whether you can agree to a settlement with the responsible party or whether the case goes to trial. 

    A trial can take much longer, and, in some instances, lawsuits can last for more than a year. On the other hand, mesothelioma claims settling out of court can award victims in a few short weeks or months.  

  • Do I Need a Mesothelioma Lawyer?

    Generally, you do not have to work with an attorney when filing a mesothelioma lawsuit. However, to give yourself the best chance of success, consider working with an attorney who has handled mesothelioma lawsuits successfully before. Morgan & Morgan’s mesothelioma lawyers know how to prove and build your case against a previous employer or another responsible party. 

    If you do not know where you were exposed to asbestos, our investigators may be able to track down the source of your exposure. We could find the company responsible for your illness and hold it accountable for your suffering and damages. Our determined lawyers can make the legal process as stress-free as possible while you can take care of what is of the most importance, your health and well-being. 

  • Do I Have to File a Lawsuit to Receive a Mesothelioma Settlement?

    You do not necessarily have to file a lawsuit and, depending on your circumstances, could have other options for recovering a settlement, which can include:

    • Filing a claim with an asbestos trust fund
    • Filing a workers’ compensation claim
    • Applying for veteran’s benefits if your mesothelioma is connected to service
  • What Are the Deadlines for Filing a Mesothelioma Claim?

    The deadline for filing your claim will depend on the laws in your state. The time limit for filing a personal injury lawsuit can range from one year to four years or more, depending on where you live. The time starts running down on the day of your mesothelioma diagnosis. Therefore, consider calling a mesothelioma attorney as soon as possible to clarify your options and next best steps. An experienced mesothelioma attorney can also ensure that your paperwork is filed correctly and on time so you don’t risk losing your rights to full and fair compensation.

  • Morgan & Morgan Has Your Back  

    Proceeds from a mesothelioma claim or lawsuit could cover the high medical costs related to treating the illness and help you and your family live with the dignity you deserve. Compensation could also help pay for innovative and life-extending cancer treatments. You do not have to fight for justice on your own. In the most difficult times of your life, you can rely on Morgan & Morgan. Our mesothelioma attorneys know the devastating effects of asbestos-related diseases and can be here for you.

    We have the resources, determination, and stamina to take on unethical corporations on your behalf. We have recovered more than $15 billion in damages and helped countless victims of corporate recklessness and negligence recover what they need to go on with their lives. We could help you too. Contact us for a free, no-obligation consultation to determine if you qualify for compensation.  

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