Filing a Lawsuit

Seeking compensation for mesothelioma

If you or a loved one has mesothelioma from asbestos exposure, finding a lawyer to file a claim may result in compensation.

Basis of mesothelioma claims

A mesothelioma attorney can help you decide if you are eligible to file a mesothelioma claim. One important aspect of determining eligibility is obtaining a diagnosis of mesothelioma due to asbestos exposure. Most asbestos mesothelioma lawsuits are based on proof of negligence, and each state may have a different statute of limitations for filing a mesothelioma claim.¹

Types of mesothelioma lawsuits

Personal injury lawsuits claim that the person or company being sued was negligent in a way that led to injury.² In the case of mesothelioma compensation claims, the negligence is related to the asbestos exposure, and the injury is mesothelioma. Negligence claims include:

• Product liability¹ — a product liability lawsuit claims that the mesothelioma was caused by exposure to asbestos in a product.
• Professional negligence¹ — a professional negligence or medical malpractice claim may be made if the diagnosis of mesothelioma is delayed due to medical incompetence.
• Employer negligence¹ — a worker’s compensation claim for mesothelioma may be made for exposure to asbestos in the workplace. About 70 to 80 percent of all mesothelioma cases are estimated to result from exposure to asbestos on the job.³
• Wrongful death¹ — a wrongful death suit may be filed if a loved one dies from mesothelioma.

Claims for mesothelioma compensation

Many companies that are at risk of being sued for industrial exposure to asbestos have set up trusts to pay personal injury claims for asbestos exposure, even if the company is no longer in operation. Some personal injury trusts include United States Gypsum, Owens Corning, H.K. Porter, Federal Mogul and DII Industries.
The average mesothelioma settlement is difficult to determine because the amount of a mesothelioma claim is based on the specific circumstances of the plaintiff, the type of claim that is filed and how the case is settled.⁴ Generally speaking, and depending on the strength of a plaintiff's claim, mesothelioma compensation amounts can vary anywhere from several thousand dollars to several million.
A lawyer can help navigate the requirements of each trust for filing a mesothelioma claim, or help you pursue other means of compensation for mesothelioma.

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