Compensation for Mesothelioma

By John Devendorf, Esq. | Reviewed by Andrew Leonatti

Last updated July 3, 2024

There are thousands of mesothelioma cases reported in the U.S. every year. Mesothelioma is a rare, aggressive, and deadly form of cancer. Many of these mesothelioma victims got the cancer through toxic asbestos exposure. Many victims have filed lawsuits for financial compensation from asbestos companies.

There are still workers and retirees who are not sure whether they can file a personal injury claim for asbestos exposure. A mesothelioma attorney can explain your legal options and help you seek compensation.

What Is Mesothelioma?

Mesothelioma is a type of cancer in which malignant cells form in the chest or abdominal lining. Exposure to asbestos increases the chances of getting mesothelioma, including people who lived or worked in places where they inhaled or swallowed asbestos. However, it can take years after asbestos exposure for cancer cells to develop.

A doctor can make a mesothelioma diagnosis. Testing for different types of mesothelioma can involve a chest X-ray, CT scan, or biopsy of cell tissue. Signs and symptoms of mesothelioma can include:

Difficulty breathing
Fluid in the lungs
Coughing
Pain or swelling
Fatigue
Lumps in the abdomen

The prognosis for mesothelioma patients can depend on many factors. This includes the size of the cancer, the stage of the cancer, and a patient’s health and age. There may be more mesothelioma treatment options with an early diagnosis. Early treatment can also limit the spread of the cancer cells.

Asbestos is a naturally occurring mineral. For years, companies used asbestos as a fire-resistant material and for industrial use. However, asbestos presents a serious health hazard when inhaled. Asbestos-related illnesses include asbestosis, mesothelioma, and lung cancer.

There are many types of jobs that expose workers to asbestos, including:

Asbestos mine workers: Mine workers may be directly exposed to the toxic asbestos and develop cancer. Breathing or swallowing asbestos fibers is a leading cause of mesothelioma.
Construction workers: Asbestos was widely used in a variety of construction materials for many years. Plumbers, electricians, and others in the construction trade are at risk of mesothelioma. Years of using asbestos-containing materials can lead to mesothelioma.
Auto repair technicians: Asbestos was a material in brake pads and other vehicle parts. Workers who repaired cars can encounter the toxic particles and develop mesothelioma.
Shipyard workers and longshoremen: Navy and civilian shipyard workers are also among the common plaintiffs in mesothelioma lawsuits. Asbestos was a material used in insulation and other areas of ships. Workers who build, repair, or dismantle vessels are often exposed to enough asbestos to cause the cancer.

Can Family Members of Exposed Workers Get Mesothelioma?

Most people who file asbestos claims are workers directly exposed to asbestos-containing products. However, the relatives of exposed workers are also at a higher risk for developing asbestos-related diseases due to asbestos fibers on clothing brought home from work. There have been cases of mesothelioma in the spouses, children, and others who lived with exposed workers.

This includes children with parents in the asbestos industry. Children may inhale enough asbestos fibers to cause them to develop mesothelioma. These cases of mesothelioma are particularly heartbreaking.

Can You Join a Class-Action Lawsuit for Asbestos Cases?

Many people have joined class-action lawsuits involving asbestos litigation. This type of lawsuit can be filed together with other mesothelioma victims rather than as individual plaintiffs. Courts are likely to approve a class-action lawsuit against asbestos companies when:

The class of plaintiffs is so large
There are common questions of law or fact applicable to the class
The claims of the plaintiffs are common to the other plaintiffs

Some injury victims prefer to file individual asbestos cases. Individual mesothelioma claims may allow for larger mesothelioma lawsuit settlements or jury awards.

Who Is Liable for Mesothelioma Cases?

Asbestos manufacturers may be liable for exposing you to asbestos. In many cases, the companies were aware of the dangers of asbestos but failed to adequately protect their workers. In a product liability legal claim, you can seek compensation for:

Medical bills
Future medical expenses
Lost income
Pain and suffering

There may be a limited amount of time to file an asbestos lawsuit. States have a statute of limitations that puts a time limit on filing personal injury lawsuits and wrongful death lawsuits. The statute of limitations generally lasts for one to three years, depending on the state. Make sure you contact a mesothelioma law firm as soon as you learn about a diagnosis to make sure you file your case in time.

Some asbestos companies filed for bankruptcy when faced with overwhelming liability amounts to pay to asbestos victims. The courts established asbestos trust funds to provide for future victim payouts. If the company responsible is no longer in business, you may be able to file an asbestos trust fund claim for mesothelioma compensation.

How Can a Mesothelioma Lawyer Help?

A mesothelioma and asbestos attorney can review your case and explain your legal options. These lawyers typically operate with large legal teams who are experienced at taking legal action in court to hold asbestos companies responsible. Your attorney can also negotiate a settlement amount that will provide financial security for you and your family.

If the asbestos company doesn’t offer a fair settlement, your attorney can take your case to trial. A successful mesothelioma verdict can help your loved ones. Contact an experienced mesothelioma lawyer for information about filing a personal injury or wrongful death claim.

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