Mesothelioma Lawsuit – April 2024 Update
Mesothelioma Lawsuit Overview
Mesothelioma is a deadly form of cancer almost always caused by exposure to asbestos. Asbestos is a naturally occurring fibrous mineral that was used for decades in commercial products. While the use of asbestos has been banned in many countries around the world, individuals are still being diagnosed with asbestos-related illnesses, including mesothelioma.
It can take decades for mesothelioma to cause symptoms. Individuals who had primary or secondary exposure to asbestos may be eligible to file a lawsuit against a liable company. Companies that may be legally responsible for asbestos exposure include manufacturers, mining companies, and other employers.
By mid-2023, mesothelioma lawsuit filings were 8% higher than the previous year. The vast majority of these cases are settled out of court but should be handled by an experienced attorney. At King Law, our attorneys are well-versed in seeking justice and financial compensation on behalf of mesothelioma victims and their families nationwide. Contact our office today to get started.
Latest Mesothelioma Lawsuit – April 2024 Updates
April 25, 2024 – National Cancer Institute Lists 47 Clinical Trials for Mesothelioma Treatment
The National Cancer Institute has published a list of 47 clinical trials involving treatment for Mesothelioma. Clinical trials are studies typically conducted by pharmaceutical companies to test whether a treatment may be effective in treating a disease or illness. Typical Mesothelioma treatment involves surgery or chemotherapy. Several studies look at additional surgical options or other treatments like immunotherapy. Many of the studies are focused on treatment for Malignant Pleural Mesothelioma.
April 5, 2024 – Biden-Harris Administration Finalizes Asbestos Ban in United States
On March 18th, 2024, the Biden-Harris Administration announced a decision to finalize a ban on the use of chrysotile asbestos in the United States. The move was the first of its kind under the Toxic Substances Control Act (TSCA) of 2016 which aims to protect Americans from mesothelioma, and other forms of cancer, caused by asbestos exposure. Chrysotile asbestos has been linked to over 40,000 annual deaths from diseases like lung cancer and mesothelioma.
March 21, 2024: Over 30 Cosmetic Companies Named in Mesothelioma Lawsuit
Over 30 cosmetic companies are named in a mesothelioma lawsuit out of Massachusetts. The lawsuit alleges that the companies used asbestos-containing talc powder in their products.
February 2024: New York Court Upholds $23 Million Award for Mesothelioma-Affected Steamfitter
A $23 million jury award is upheld on behalf of a steamfitter who was diagnosed with mesothelioma. On appeal, the New York court agreed with the jury’s findings that “valve-related gaskets and insulation manufactured by defendant caused plaintiff’s mesothelioma.”
January 2024: Johnson & Johnson Agrees to Tentative $700 Million Settlement Over Talcum Powder Mesothelioma Allegations
Johnson & Johnson enters into a tentative $700 million settlement with over 40 states related to its talcum powder marketing. Multiple lawsuits allege that the pharmaceutical giant’s talc powder contains ingredients that increase a person’s risk for developing certain kinds of cancer, including mesothelioma.
On this page:
What is a Mesothelioma Lawsuit?
Types of Mesothelioma Lawsuits
Understanding Asbestos Exposure and Liability
Eligibility Criteria for Filing a Mesothelioma Lawsuit
Mesothelioma Lawsuit Timeline and Process
Statute of Limitations on Mesothelioma Claims
How to File a Mesothelioma Lawsuit
Mesothelioma Lawsuit Settlement and Payout Amounts
Have a Mesothelioma Legal Question?
What is a Mesothelioma Lawsuit?
A mesothelioma lawsuit is a legal claim filed by someone who has been diagnosed with mesothelioma or the loved one of someone who has died from mesothelioma. The lawsuits target companies, such as manufacturers, who were responsible for asbestos exposure. Taking legal action can not only help to seek accountability for negligent asbestos exposure but also help to secure financial compensation such as medical expenses, lost wages, and more for mesothelioma victims and their families.
There are two basic types of lawsuits that can be filed: personal injury lawsuits and wrongful death claims. A personal injury lawsuit is filed by an individual who has been diagnosed with mesothelioma, while a wrongful death claim is filed by the family of a person who has died from mesothelioma.
Mesothelioma lawsuits can be challenging due to the long latency period of the cancer. It can take decades after the initial exposure before symptoms become apparent. Due to their complexity, it is critical to work with an experienced attorney throughout the process.
Types of Mesothelioma Lawsuits
Several types of mesothelioma lawsuits and methods of recovery may be available for victims and their families. To determine which kind of legal action you should take it is strongly recommended that you consult with an attorney immediately after your diagnosis.
Types of mesothelioma claims:
- Personal injury lawsuits – filed by mesothelioma patients.
- Wrongful death claims – filed by family members of deceased mesothelioma victims.
- Asbestos Trust Fund Claims – provides an alternative way to secure compensation.
- Veterans’ benefits – available for veterans through the U.S. Department of Veterans Affairs (VA)
It is important to note that a mesothelioma case may be based on product liability. Product liability lawsuits are focused on the harm caused by asbestos-containing products.
Personal Injury
One of the most common forms of legal action taken by mesothelioma victims are personal injury lawsuits. A personal injury lawsuit arises from the harm that is done by another person’s negligence or wrongdoing. Personal injury lawsuits are subject to state-specific statutes of limitations.
Personal injury lawsuits may be filed by individuals who were directly or indirectly exposed to asbestos in their workplace or at home. They frequently aim to hold asbestos manufacturers accountable for their wrongdoing. In order to file a personal injury lawsuit, you must be able to prove that you were diagnosed with the disease.
Documents necessary to prove your mesothelioma diagnosis may include:
- Medical records
- A physician’s statement
- Exposure summary
- Expert testimony
Settlements in personal injury lawsuits related to mesothelioma often vary substantially, ranging from approximately $100,000 to $3 million. Veterans diagnosed with mesothelioma may still be able to file a personal injury lawsuit against a manufacturer. The lawsuit will not affect your veteran’s benefits.
Wrongful Death (Mesothelioma Lawsuit After Death)
A person whose loved one has died from mesothelioma may be able to file a wrongful death claim. The average settlement in a wrongful death claim is expected to range between $1 million and $1.4 million. Wrongful death claims are filed against the manufacturers of asbestos-containing products and aim to compensate for funeral expenses, pain and suffering, and the loss of financial support.
In general, a surviving family member or the representative of the decedent’s estate can file, although it may depend on the state. Claims must be filed within the state-specific statute of limitations, making it critical to take action as quickly as possible. Settlement amounts are influenced by a number of factors, including the victim’s age, the impact on the family, the victim’s income, the parties who are liable, and state laws.
Asbestos Trust Fund
Due to the large number of individuals who have been affected by asbestos exposure, some companies have established asbestos trust funds. These funds are generally created during Chapter 7 or Chapter 11 bankruptcy proceedings. Currently, there are over 60 established trusts with more than $30 billion available for mesothelioma victims.
The purpose of an asbestos trust fund is to provide compensation for mesothelioma victims and their families and to manage the large volumes of claims from current and future victims. In order to be eligible for compensation from an asbestos trust fund, you must be able to provide documentation of exposure and diagnosis. Compensation varies significantly depending on the severity of the disease and the policies of the trust fund.
Individuals seeking to file an asbestos trust fund claim should speak with an experienced attorney who understands the criteria and can assist in gathering the necessary evidence.
Other Types of Mesothelioma Lawsuits
Mesothelioma victims may also seek compensation through other sources. For instance, veterans may be entitled to veteran’s benefits through the VA. Filing a lawsuit does not impact these benefits.
Individuals may also be eligible to file a product liability claim, which focuses on holding manufacturers liable for their defective products or false advertising. It is important to consult with an attorney to determine what type of legal action you should take.
Understanding Asbestos Exposure and Liability
Mesothelioma lawsuits are generally based on the idea that manufacturers knew about the dangers of asbestos and failed to protect workers and consumers. In most cases, asbestos-related disease lawsuits arise from occupational exposure. They are based on the negligence of an employer or manufacturer. Negligence means that the party failed to act reasonably to prevent the subsequent harm
In some instances, asbestos cases may be based on strict liability or a breach of warranty. Strict liability occurs when the product is inherently dangerous, and a breach of warranty exists if the party fails to ensure a product’s safety for its intended use.
Determining Liability in an Asbestos Exposure Case
Determining liability in an asbestos exposure case can be challenging, particularly without the help of an attorney. Liability, or legal responsibility, requires showing duty, breach, causation, and damages. Causation can be difficult to prove, particularly in mesothelioma cases with a long latency period.
Mesothelioma lawsuits may target:
- Manufacturers
- Distributors
- Employers
- Mining companies
- Property owners
Veterans who are diagnosed with mesothelioma or another asbestos-related disease file a lawsuit against a product supplier and not the government or the armed forces. Multiple defendants are common in asbestos exposure cases. If successful, compensation may include coverage for medical expenses, lost wages, pain and suffering, and more.
How to Determine Liability in a Mesothelioma Lawsuit
The best way to determine liability in a mesothelioma lawsuit is by working directly with an attorney. An attorney can help you navigate the challenges of the legal process and help determine what evidence may be necessary to prove your claim.
Eligibility Criteria for Filing a Mesothelioma Lawsuit
To file a mesothelioma lawsuit, you must meet certain eligibility criteria. Foremost, you must be able to show proof of a mesothelioma diagnosis or death from an asbestos-related disease. In order to do this, you must provide evidence, such as your medical records. You will also need to demonstrate proof of exposure. The duration of exposure and the connection between your illness and the exposure may be critical.
The best way to determine whether you meet the eligibility requirements for a mesothelioma lawsuit is by consulting with an attorney as early in the process as possible. All cases are subject to a state-specific statute of limitations, which may limit the amount of time you have to take legal action. It is recommended that you consult with an attorney immediately after a diagnosis or the death of your loved one.
Evidence to Support Your Mesothelioma Claim
Mesothelioma lawsuits require evidence to substantiate the claim. An attorney can help determine what evidence might be necessary in your case.
Evidence that may support your mesothelioma claim:
- Biopsy confirming diagnosis
- Medical records
- Work history
- Witness testimony
- Expert testimony
- Pathology reports
- Imaging scans
- Blood tests
- Statements from a physician
- Pay stubs
- Employment records
An attorney can assist in collecting the evidence you may need to prove your case. However, it is important to remember that many mesothelioma cases involve asbestos exposure from decades earlier. Securing the evidence needed to bolster your claim may be challenging. Working with an attorney can help ensure you get the best possible outcome in your case.
Mesothelioma Lawsuit Timeline and Process
Mesothelioma lawsuits typically take three months to one year to resolve. However, more complex cases may take several years to complete. The majority of cases settle out of court, and settlements can be reached at any stage of the process. Compensation may be received in as little as 90 days from the settlement date. It is either paid as a lump sum or in installments.
There may be several factors that can impact the length of time it takes to resolve your case. For instance, it may take several weeks for your attorney to investigate your case and compile the evidence necessary to prove your claim. A defendant then has 30 days from the date of filing to respond. The case will move to the discovery process which may take six months to a year. Finally, the settlement negotiations and actual trial can conclude quickly or take several months to a year to complete.
An individual’s age or stage of illness may also impact the timeline of a case. A senior or terminally ill patient may file a motion for preference, which would potentially shorten the litigation process if granted. The court where the case is being handled may also affect the time it takes to resolve the case, particularly depending on whether they have a dedicated department or the cases are part of the general caseload.
Statute of Limitations on Mesothelioma Claims
All mesothelioma cases are subject to a statute of limitations or a legal timeframe within which the claim must be filed. Statutes of limitations are often critical in mesothelioma lawsuits because of the amount of time it takes to receive a diagnosis. While statutes of limitations are state-specific, individuals generally have between one and three years to file a lawsuit. Some states, however, allow up to six years.
In order to further understand the legal requirements, including the statute of limitations, that may apply to your case, you need to speak with an attorney. An attorney can help determine where your case will be filed and how long you have to take legal action.
Deadlines to File a Mesothelioma Claim by State
Deadlines for filing a mesothelioma claim vary substantially by state. It also depends on the type of case that is being filed. Statutes of limitations typically begin from the date of diagnosis in personal injury cases or the date of a person’s death in wrongful death claims. Under most circumstances, the deadlines range from one to six years, depending on the state.
Personal injury lawsuit deadlines from diagnosis:
- One year: California, Kentucky, Louisiana, and Tennessee
- Two years: Alabama, Alaska, Arizona, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, and West Virginia
- Three years: Arkansas, Connecticut, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Washington, Washington D.C., and Wisconsin
- Four years: Florida, Minnesota, and Wyoming
- Five years: Nebraska and Missouri
- Six years: Maine and North Dakota
Wrongful death lawsuits generally span from one to three years, with California, Tennessee, and Washington D.C. each having only one year from the date of the decedent’s death to file a claim. In both personal injury and wrongful death claims, it is essential to act swiftly.
How to File a Mesothelioma Lawsuit
The best way to ensure that your mesothelioma lawsuit is filed timely is by consulting with an attorney immediately after a mesothelioma diagnosis or the loss of your loved one. An attorney can help you navigate the process and will help determine whether you meet the eligibility process. They will offer guidance on the legal requirements that may affect your case, including the statute of limitations.
Step-by-step guide for filing a mesothelioma lawsuit:
- Prepare the case: The first step in filing a mesothelioma lawsuit is preparing the case. During this process, an attorney can help determine whether you meet the specific eligibility criteria necessary to file a claim for compensation.
Prior to filing, your attorney will discuss the evidence that may be necessary to prove your case and will review all of the information. They will ask to discuss your work history, help determine whether you can prove asbestos exposure, and will review your medical records. - File the case: The attorney you retain can help you file the case. It is important to note that the state where the lawsuit is filed can deeply impact the case’s outcome. Factors that may influence which state the case should be filed include the location of the company you are filing against and the individual state laws.
- Defendant response: Once a mesothelioma lawsuit is filed, a defendant must respond. In general, defendants have 30 days to provide a formal response or answer to the lawsuit. In some cases, the defendant may deny liability or attempt to downplay their portion of responsibility.
- Discovery: After the case is filed, the lawsuit will move into the discovery phase. During this phase, your attorney will gather evidence, conduct interviews, and prepare for trial with the help of experts. This may be done through depositions, subpoenas, and thorough research.
The discovery phase may take several months to complete. Evidence that may prove critical to building a strong case includes your work history, proof of diagnosis, expert testimony, and financial records.
- Negotiations: Prior to trial, your attorney may enter into negotiations with the defendant through their legal counsel. During this phase, both sides will attempt to reach a settlement. A settlement may be reached at any point prior to a verdict. In many instances, a favorable settlement can be reached without having to go to trial.
- Trial: The final phase of a mesothelioma lawsuit is the actual trial. If a fair and full settlement cannot be reached, you will have the opportunity to present your case in court. If successful, the court will then award compensation. While most cases settle during negotiations, full trial preparation is essential.
Due to the complexities of a mesothelioma lawsuit, working with an experienced mesothelioma lawsuit is often critical for a favorable outcome. An attorney can help you navigate the lawsuit process, from determining whether you meet the eligibility requirements to representing you throughout the trial phase.
Mesothelioma Lawsuit Settlement and Payout Amounts
Mesothelioma lawsuit settlement and payouts are expected to vary substantially depending on the circumstances of the case. However, settlements may range between $1 million and $2 million, while verdicts tend to average between $5 million and $11.4 million. Trust fund payouts typically range between $300,000 and $400,000.
A settlement is an agreement to end a lawsuit. It can occur at any stage of the case until the conclusion of the trial. Settlements generally provide a guaranteed payout but are less than what you would receive if the matter would go to verdict.
The average payout in a mesothelioma lawsuit for a settlement is between $1 million and $1.4 million and $2.4 million for a verdict. Compensation may come from a liable company, an asbestos trust fund, an insurance company, or the Department of Veterans Affairs. Depending on the complexity of the case, it may take anywhere from a few months to a year or more to resolve the case.
Factors Influencing Settlement Amounts
There may be several influencing factors in the potential settlement you receive. Factors may include whether the company had previously lost a case, the company’s asbestos use history, the duration of your exposure, your provable damages, whether there are multiple defendants, and where the case is filed.
Additional factors that may influence a case include the type, stage, and severity of mesothelioma, your age and medical history, your economic losses, and the evidence available to support your claim.
Tax Implications of Settlements and Awards
Under IRS Section 104, most compensation related to mesothelioma cases is not taxable, especially medical expenses. However, compensation related to your punitive damages and the interest on compensation may be taxable. Attorney fees are taxed since they are considered a port of the awarded compensation. The tax implications vary depending on the state, which is why it is important to consult with a tax professional and an attorney before filing.
Have a Mesothelioma Legal Question?
At King Law, we are here to help guide you and your family through the process of filing a mesothelioma lawsuit, but we also understand that before you’re ready to file, there will likely be questions you want answers to. Our mesothelioma attorneys are happy to offer consultations before you file your lawsuit so you will be informed and know your best legal options to pursue compensation.
Contact a Mesothelioma Lawyer Today
Were you diagnosed with mesothelioma? The attorneys at King Law can help you understand your rights. Contact our office today to schedule a free, no-obligation consultation. Our firm has extensive experience helping clients receive the compensation they deserve after a diagnosis or the death of a loved one.