Learn the Mesothelioma Case Process | Mesothelioma Guide (2024)

Timeline for a Mesothelioma Lawsuit

Filing a lawsuit is one of a few legal options available to people with mesothelioma, which is a rare cancer caused by asbestos exposure. During the 20th century, companies promoted the use of asbestos and sold the substance to other companies for commercial use. This led to exposure for U.S. residents, especially workers in manufacturing, mining, construction, shipbuilding, and military service.

Finding a knowledgeable mesothelioma lawyer is the first and possibly most important step in the process. The first question to ask when looking for an attorney is whether they have extensive experience handling mesothelioma and asbestos cases.

National asbestos law firms with lawyers who specialize in mesothelioma litigation are the best option for handling the case process effectively and reaching a beneficial resolution for people affected by mesothelioma. Look for a mesothelioma firm with award-winning lawyers who have been representing victims of asbestos exposure for many years.

After finding and selecting a lawyer to work with, they will guide people with mesothelioma cancer through questions regarding their personal, medical and occupational history as they relate to exposure to asbestos. This will help the attorney link certain jobs the victim had, places they lived, or other parts of their life to the presence of asbestos.

Once the plaintiff’s asbestos exposure and other relevant details have been determined, their lawyer will pinpoint which state(s) the lawsuits will be filed in. National mesothelioma law firms have lawyers licensed to file cases in multiple states.

During the discovery process, the top mesothelioma lawyers will gather all relevant evidence, key witnesses, industry experts and medical experts to support the victim’s case. Lawyers for the defendant(s), or the companies accused of negligence, will try to prove their innocence by also gathering relevant evidence, witnesses and experts. This is when the lawyer builds a strong case for the victim.

Depositions are sworn testimony taking place in an out-of-court setting and can be substituted for in-court testimony. The testimony is recorded and can be transcribed into a written testimony used later in court.

This is a valuable option for people diagnosed with mesothelioma, who might not be physically able to go into a courtroom and testify in their trial. Additionally, depositions are an option for victims to provide testimony outside of the courtroom if they do not want to attend due to the public nature of trials. They are also beneficial to patients who are in the end stages of mesothelioma, as they now have the opportunity to provide a recorded testimony in case they pass away before their trial begins.

The final step in the mesothelioma lawsuit timeline is either reaching a settlement agreement with the defendants or proceeding to trial. If both parties can agree on a mesothelioma settlement amount, the case will not proceed to a trial. If not, which is rare, then the court will set a court date, and the case will proceed to trial, likely ending in a verdict from the judge or jury.

Why Go Through the Process for a Mesothelioma Lawsuit

Ultimately, starting and completing the legal case is the only way to provide justice for innocent victims of asbestos exposure.

Many companies that manufactured and sold asbestos knew of the health risks — and did not disclose these risks to the public. These asbestos companies prioritized their profits over the health and safety of their workers and consumers. Due to this corporate greed, approximately 2,500 people are diagnosed with mesothelioma each year in the United States.

Unfortunately, mesothelioma is an aggressive cancer with a low survival rate: the 5-year survival rate is estimated to be just 11%, and the average survival is 1-2 years. The cancer has taken many lives – leaving voids in families – and impacted people’s quality of life as they go through treatment and endure side effects while fighting the disease.

These companies that manufactured and sold asbestos despite knowing it was harmful are financially responsible for how mesothelioma affects victims and their families. While a lawsuit cannot get rid of the cancer, prevent side effects, or bring back a loved one who has passed away, filing a case can provide justice for victims by holding the responsible companies accountable.

Lawyers experienced in mesothelioma cases can help simplify the mesothelioma lawsuit process for victims by doing most of the work. For people diagnosed with mesothelioma or the surviving family of someone with mesothelioma – people who have been affected by companies that disregarded their health – there are numerous benefits to working with a law firm specializing in mesothelioma cases.

Benefits of Filing a Lawsuit with an Experienced Asbestos Lawyer

Overcoming Hesitations of Filing a Lawsuit

Many people struggle with the idea of pursuing legal action for their mesothelioma cancer because they don’t want to be viewed as that type of person. They also struggle with the stress of their cancer diagnosis and making decisions regarding treatment, their will, and their overall quality of life. Therefore, the notion of filing a lawsuit might seem secondary to other priorities.

The truth is people who have been hurt by asbestos manufacturing companies should take legal action to hold the manufacturers accountable. It’s their legal right and they are entitled to compensation. If brave people do not pursue justice in the court system, then companies are more likely to continue unethical practices that lead to thousands of innocent deaths per year.

People affected by mesothelioma also should not wait to start their case. A law called the statute of limitations puts a time limit on when people can take legal action. Each state has its own statute of limitations for asbestos legal cases, and the law is usually 2-4 years from whichever comes first between the time of diagnosis or the date of the victim’s death (applies to wrongful death lawsuits).

Clarifying Misconceptions About Mesothelioma Lawsuits

There are many misconceptions about mesothelioma lawsuits, ranging from how they work to the likelihood of success. Mesothelioma has a long latency period, taking anywhere from 20-50 years for symptoms to appear from the first instance of exposure to asbestos. Many people doubt how successful a lawsuit could be after such a long amount of time has passed.

If you or someone you know has been diagnosed with mesothelioma, learning about your legal options can help you make the right decision for your family. Getting maximum compensation can provide financial security for you and your loved ones. Financial compensation may also increase your access to beneficial mesothelioma treatments to improve your prognosis.

Mesothelioma Guide can offer a free case evaluation and connect you with an experienced lawyer who can help you begin the mesothelioma case process.