Mesothelioma Lawyers: Finding the Right Attorney

Mesothelioma is a devastating cancer caused almost exclusively by asbestos exposure, often occurring decades after initial contact with the mineral. If you or a loved one has been diagnosed with mesothelioma, finding an experienced attorney is crucial to securing compensation for medical expenses, lost wages, pain and suffering, and providing financial security for your family. Specialized mesothelioma lawyers understand the complex litigation landscape and can navigate the unique challenges these cases present.

This comprehensive guide explains what mesothelioma lawyers do, how to find the right attorney for your case, what compensation you may be entitled to, and what to expect throughout the legal process.

What is Mesothelioma?

Mesothelioma is a rare and aggressive form of cancer that develops in the thin layer of tissue (mesothelium) covering most internal organs. The disease is directly linked to asbestos exposure, typically occurring 20 to 50 years after exposure. There are several types:

• Pleural mesothelioma - Affects the lining around the lungs (most common, about 75% of cases)
• Peritoneal mesothelioma - Develops in the abdominal lining
• Pericardial mesothelioma - Affects the heart lining (rare)
• Testicular mesothelioma - Develops in the tunica vaginalis (extremely rare)

Approximately 3,000 Americans are diagnosed with mesothelioma each year. Due to the long latency period, many victims were exposed to asbestos in workplaces decades ago when safety regulations were minimal or non-existent.

Why You Need a Specialized Mesothelioma Lawyer

Mesothelioma cases are fundamentally different from typical personal injury claims. Here's why specialized legal representation matters:

Complex Causation Issues

Proving asbestos exposure that occurred 30-50 years ago requires extensive investigation, access to historical employment records, and expert witnesses who can testify about workplace conditions and asbestos-containing products used during that era.

Multiple Potentially Liable Parties

A single mesothelioma case might involve claims against former employers, product manufacturers, premises owners, and asbestos trust funds. Experienced attorneys know how to identify all potential sources of compensation.

Bankruptcy Trusts

Many companies responsible for asbestos exposure have filed bankruptcy and established trust funds to compensate victims. Over $30 billion remains in these trusts. Specialized lawyers know how to file claims with multiple trusts efficiently.

Statute of Limitations

Time limits for filing mesothelioma claims vary by state and claim type. These deadlines typically begin when diagnosis occurs (the "discovery rule"), but missing them can forfeit your right to compensation entirely.

Types of Mesothelioma Claims

Personal Injury Lawsuits

Filed by the diagnosed patient seeking compensation for medical costs, lost income, pain and suffering, and diminished quality of life. These cases can be resolved through settlement or trial verdict.

Wrongful Death Claims

Filed by family members after a mesothelioma patient passes away. Compensation covers funeral expenses, loss of financial support, loss of companionship, and the decedent's pain and suffering before death.

Asbestos Trust Fund Claims

Administrative claims filed with bankruptcy trusts established by former asbestos companies. These don't require litigation and can often be processed faster than lawsuits.

Veterans Administration Claims

Military veterans exposed to asbestos during service may qualify for VA disability benefits in addition to other compensation. Veterans represent a significant portion of mesothelioma patients due to heavy asbestos use in ships, aircraft, and military facilities.

What to Look for in a Mesothelioma Lawyer

Specialized Experience

Choose a law firm that focuses specifically on asbestos litigation, not a general personal injury practice. Ask about their mesothelioma case history, verdict amounts, and settlement track record.

Resources for Investigation

Quality firms maintain extensive databases of asbestos-containing products, worksites, and company histories. They employ investigators and have relationships with medical experts who can support your case.

National Reach

Mesothelioma cases may be filed in different jurisdictions based on where exposure occurred. Firms with national practices can file in the most favorable venues.

No Upfront Costs

Reputable mesothelioma attorneys work on contingency, meaning you pay nothing unless they recover compensation. They advance all case costs and only collect fees from the settlement or verdict.

Track Record

Ask about specific verdicts and settlements. Top mesothelioma firms have recovered billions in total compensation and have experience taking cases to trial when necessary.

The Legal Process

Initial Consultation

The attorney reviews your diagnosis, work history, and potential exposure sites. This consultation is typically free and helps determine whether you have a viable case.

Investigation

Lawyers investigate your exposure history, identifying all asbestos products you encountered and the companies responsible. This may include reviewing employment records, interviewing coworkers, and consulting occupational experts.

Filing Claims

Depending on your case, the firm may file lawsuits against responsible parties and/or submit claims to asbestos bankruptcy trusts. Multiple claims can proceed simultaneously.

Discovery

Both sides exchange evidence, take depositions, and prepare for trial. Due to the health conditions of many plaintiffs, courts often expedite mesothelioma cases.

Settlement or Trial

Most mesothelioma cases settle before trial, but having a firm willing to go to court strengthens your negotiating position. Settlements typically provide faster compensation, while trials can sometimes yield larger awards.

Compensation in Mesothelioma Cases

Compensation varies significantly based on case specifics, but mesothelioma victims may recover:

• Medical expenses - Past and future treatment costs, including specialized care
• Lost wages - Income lost due to illness and reduced earning capacity
• Pain and suffering - Physical pain and emotional distress
• Loss of consortium - Impact on family relationships
• Punitive damages - Additional compensation when defendants' conduct was particularly egregious

Average mesothelioma settlements range from $1 million to $2.4 million, while trial verdicts can exceed $10 million in some cases. Trust fund payouts vary based on the specific trust and claim value.

Common Asbestos Exposure Sources

Mesothelioma lawyers commonly see cases involving exposure from:

• Construction and renovation - Insulation, drywall, flooring, roofing materials
• Shipbuilding and Navy service - Ships heavily used asbestos for insulation
• Industrial facilities - Power plants, refineries, chemical plants
• Automotive work - Brake pads, clutches, gaskets contained asbestos
• Mining and manufacturing - Asbestos processing and product manufacturing
• Secondary exposure - Family members exposed through workers' contaminated clothing

Frequently Asked Questions

How long do I have to file a mesothelioma lawsuit?

Statutes of limitations vary by state, typically ranging from 1 to 6 years from diagnosis or death. Some states have shorter windows, making immediate legal consultation essential after diagnosis.

Can I still file a claim if the company that exposed me is bankrupt?

Yes. Many asbestos companies established trust funds specifically to compensate victims before declaring bankruptcy. Over 60 trusts hold more than $30 billion for current and future claimants.

How much does a mesothelioma lawyer cost?

Mesothelioma attorneys typically work on contingency, usually 25-40% of the recovery. You pay nothing upfront and nothing at all if the case is unsuccessful.

How long does a mesothelioma case take?

Trust fund claims may be resolved in months. Lawsuits typically take 12-18 months, though courts often expedite cases involving seriously ill plaintiffs.