Mesothelioma Injury Lawsuits: Legal Help

Do You Have a Claim Regarding Asbestos Exposure and Mesothelioma? If you were diagnosed with mesothelioma—usually due to exposure to asbestos in your workplace—and you can provide documentation of your mesothelioma diagnosis, you may be eligible to file a mesothelioma lawsuit. A mesothelioma lawsuit is meant to compensate an individual who contracted the disease due to the negligence of a manufacturer or employer.

You will need medical reports from the cancer center where you have received mesothelioma treatment and you must be within the statute of limitations. This means the window of time in which you have to file a claim under state law has not expired. Your employment records may also be a part of your asbestos lawsuit, as well as detailed descriptions and testimony regarding your asbestos exposure.

Alternatively, the loved ones of a person who died of mesothelioma may file a wrongful death asbestos lawsuit to recover damages for the loss of their loved one. In some cases, the asbestos company that is liable for your exposure may have filed for bankruptcy. In this situation, your mesothelioma attorney can help you file a trust fund claim as opposed to an asbestos lawsuit. You may also have additional options for compensation including SS disability benefits, a claim with the Department of Veterans Affairs, Medicare, or Medicaid.

Depending on where you live, you could be able to file a mesothelioma lawsuit outside of the state where you live. Mesothelioma law can be complex, requiring experienced, top mesothelioma lawyers who are highly knowledgeable about asbestos exposure and mesothelioma. According to a leading industry report, more than 3,600 mesothelioma claims were filed throughout the U.S. in 2020.

A personal injury mesothelioma lawsuit is based on a company’s responsibility for exposing you to dangerous asbestos.  Liability for asbestos exposure is usually predicated on a company’s failure to warn employees and consumers about the inherent dangers of inhaling toxic asbestos fibers. If the lawsuit is successful, you will receive compensation for your injuries in the form of medical expenses, lost wages, and pain and suffering.

A successful wrongful death claim, filed by the estate or loved ones of a deceased individual who died from mesothelioma awards damages such as medical expenses, lost wages, funeral and burial expenses, loss of consortium, and loss of inheritance, care, and guidance. If a person with mesothelioma dies after filing a mesothelioma lawsuit, the estate can continue the claim and the estate will receive the compensation. 

While your exact compensation will depend on the facts and circumstances surrounding your mesothelioma claim, the “typical” mesothelioma settlement is between $1 million and $1.5 million. For cases that go to trial, the average mesothelioma trial verdict is between $5 million and $11.4 million. A settlement means your mesothelioma attorney has negotiated a settlement with the at-fault party, while a verdict means a jury determined what your mesothelioma settlement would be.

How Can You Preserve Your Claim and What Are the Statutes of Limitations for a Mesothelioma Lawsuit? If you or a loved one was diagnosed with mesothelioma cancer after asbestos exposure, you may have a solid mesothelioma lawsuit. It is important that you protect your right to file your asbestos lawsuit in the future. In all personal injury and wrongful death claims, there is a statute of limitations. This is the window of time you have in which to file your claim or be barred from ever doing so. The statutes of limitations vary from state to state; in the state of Texas, the statute for a personal injury claim or a wrongful death claim is two years from the date of the accident that led to the injury. 

This means that if another person or entity’s negligent, careless, or intentional act causes you injury, you will ask for a civil remedy in the form of a personal injury claim or wrongful death claim and you will have two years to do so. If you miss the two-year deadline for your mesothelioma lawsuit, do not give up, rather speak to a knowledgeable mesothelioma law firm to determine whether you qualify for an exception to the statute. In general, the statute of limitations on mesothelioma claims begins after your diagnosis for a personal injury lawsuit, or at the time of death for a wrongful death lawsuit. There are certain factors that can affect your statute of limitations for your mesothelioma claim, including:

  • Your mesothelioma attorney may advise you to file your claim in the state where the asbestos manufacturer responsible for your exposure is located which could affect the statute of limitations.
  • The type of claim you will be filing could make a difference. As an example, the statute of limitations for a trust fund claim can be different from that of a personal injury claim.
  • Where you live may have bearing on your statute of limitations, as you may be eligible to file in the state where you currently live, or in another state where you once lived.
  • In certain special cases, an extension to the statutes could be possible, depending on the severity of your mesothelioma diagnosis, and how far the disease has progressed.
  • In some cases, you will file in the state where you were exposed to the asbestos and the date when your exposure to asbestos began and ended could influence your statute of limitations.

Because there are so many exceptions, possible extensions, and complexities associated with the mesothelioma statute of limitations, you should always speak with a mesothelioma cancer lawyer who has extensive knowledge in this unique area of law. You can ask your mesothelioma cancer attorney to help you decide where you should file your claim. In some cases, you may be counseled to file your mesothelioma claim in the state where you currently live.

In other cases, your best option could be to file your asbestos lawsuit in a state where you formerly lived or a state where you worked and received the asbestos exposure. It could be beneficial for you to file your mesothelioma lawsuit in the state where the company that is responsible for your asbestos exposure is located—or was located at the time of your exposure.

In virtually every case, you should start the process as quickly as possible, since gathering the required evidence to build a solid claim only gets more difficult as time passes. Further, the sooner you file, the quicker you and your family members could obtain the compensation you need and deserve. Asbestos exposure is unlike many other injuries as it is difficult to be traced back to a single moment in time, rather it is traced to exposure to asbestos over time.

How Can a Personal Injury Attorney from Sullo & Sullo Help with Your Mesothelioma Lawsuit? A top mesothelioma lawyer from Sullo & Sullo will work hard on your behalf to ensure you receive the mesothelioma settlement you deserve. Our attorneys will represent you effectively because they are extremely skilled and familiar with the complex legal processes associated with mesothelioma and asbestos claims. We will be able to get you the compensation you are entitled to receive resulting from your wrongful exposure to asbestos.

Our attorneys have special knowledge in asbestos litigation, settlements and claims against asbestos trust funds, and mesothelioma lawsuits. The Sullo & Sullo attorneys have successfully represented mesothelioma cancer patients and their families to obtain the largest possible recoveries.

A lung cancer lawyer from Sullo & Sullo will provide you with a free case review, addressing your legal options with no obligation. We have a proven track record of winning mesothelioma lawsuits, and decades of experience filing mesothelioma claims. We are well-versed in state asbestos laws as well as federal legislation.

Top mesothelioma lawyers from Sullo & Sullo will make you feel comfortable when talking about your health issues and the details of your work exposure to asbestos, ensuring you understand the entire process. We have access to databases that contain information regarding companies that used asbestos and manufactured asbestos, along with tools that are not generally available to other attorneys who do not specialize in these types of cases.

A Sullo & Sullo lung cancer lawyer can explain all the different types of compensation that could be available to you and your loved ones. We understand that following your mesothelioma diagnosis you need time to focus on your health and that should be your top priority. Contacting a mesothelioma attorney may be the last thing on your mind as you come to terms with your diagnosis.

We hope you will consider speaking to a Sullo & Sullo mesothelioma attorney as quickly as possible. We understand that many companies have knowingly produced, distributed, or otherwise used asbestos products while concealing or ignoring the risks. When you file an asbestos claim, you can secure your family’s financial future while holding the responsible party accountable for their actions. 

When you retain a Sullo & Sullo mesothelioma attorney to file your asbestos lawsuit, we will file your claims and receive your responses, ensure no deadlines are missed, collect evidence to build your case, prepare for trial, and advise you regarding settlement offers when applicable. We can explain trust fund claims and how they could potentially affect other legal claims available to you. Don’t wait—contact the highly experienced mesothelioma lawyers at Sullo & Sullo.

DISCLAIMER: Statutes of Limitations limit the amount of time that an individual has to file a lawsuit, and not only vary from state to state, but also vary by cause of action. The information provided above and in the state-specific pages in this section is meant as a general guide, and is for informational purposes only. Each client’s case is unique, and the specific circumstances of any individual case can have significant bearing on the applicable statute of limitations. Any person who believes they may have a viable cause of action is strongly encouraged to consult with an attorney about the statute of limitations for his or her case. Attorney Andrew Sullo is licensed to practice law in Texas, and can prosecute cases that are part of a federal multi-district litigation. Andrew Sullo does not practice law in any other state, and is not certified by the Boards of Legal Specialization in any state. Not all states have board certifications. This information is not intended to solicit clients for matters outside of the State of Texas. Our firm is not accepting cases in any state where it would be impermissible for it to do so. Sullo & Sullo, LLP maintains its principal office in Houston, Texas.

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