Lawsuit
People diagnosed with mesothelioma want life, and their focus is on quickly getting the best possible treatment in order to arrest and manage spread of the disease. Mesothelioma patients’ foremost care is quality of care and quality of life.
For families, the issue is much more complex. Meso treatments are often out of plan, and can cost hundreds of thousands of dollars. Losing a primary wage earner, dealing with the costs of ongoing care, disruptions in lifestyle that often result in the family having to make job and living adjustments, and numerous other factors mean that mesothelioma is almost always associated with great financial burdens.
Patients and their families often come to the realization that however reluctant they may be to sue the companies that poisoned them, financial necessity and justice require it. The facts of every lawsuit are different, and the results can vary widely: from a few thousand dollars in compensation to several million. The information on this page is not legal advice, but it is a general guideline to help you better understand some of the issues that may be involved if you or a loved one has been diagnosed with malignant pleural mesothelioma.
Frequently asked questions
1. How much money can I get?
Compensation typically depends on the following factors: when you were exposed to asbestos, where you were exposed to asbestos, and your ability to recall the products you worked with. Asbestos makers began putting warning labels on their products from the late 1970’s, so any exposures after that time are generally ineligible for compensation on the theory that there was a warning and users were therefore aware of the hazards. Other factors such as whether the companies are bankrupt, also affect the amount of compensation available.
2. What’s involved in a lawsuit?
A third-party civil lawsuit requires you to sue the specific companies that made, used, or sold the products that poisoned you. Most companies will settle out of court, and the amount of money they will settle for depends on the skill and experience of your attorney, as well as the particular facts of your asbestos exposure. Some mesothelioma lawsuits will sue 30 or 40 companies; most will settle, but one or two will insist on going all the way to court. Most of the money from your lawsuit will come from the settlements. Even if you lose at trial, you will still be able to keep the money from the companies who have opted to settle your claim against them rather than risk losing in court before a jury.
3. Isn’t this like a class action suit?
No. A class action suit groups many similarly-situated people together, and tries to get one big settlement/judgment and split it up among the people who were injured. This type of suit pays relatively little money to the people who were injured. An individual, third-party lawsuit results in all compensation being paid to the single injured person who filed suit. These are the suits that yield the multi-million dollar judgments and settlements you read about in the papers and on the Internet.
4. How difficult is it to prevail in one of these suits?
All meso lawsuits are complex, but the degree of difficulty depends on the facts of your case and the experience of the attorney handling the case. If you have high exposure during the key years (late 1940’s to late 1970’s), and can recall the products you worked around, and you were exposed in a favorable jurisdiction such as California, your case is much easier than if your exposure was unclear. If you have been diagnosed with mesothelioma and you were in a job that is typically associated with asbestos exposure, your case is relatively strong, assuming there are no other complicating factors.
5. What jobs are associated with asbestos exposure?
Pipefitters, plumbers, electricians, construction workers, insulators, shipyard workers, U.S. navy veterans who worked below decks, people who worked around boilers or insulated equipment, sewer line construction workers, operating engineers, drywallers, painters, tapers, carpenters, people who did home remodeling jobs, as well as spouses and children of people who had asbestos-related jobs are just a few of the high-exposure occupations.
6. Why are spouses and children included?
Because they often shook out the working spouse/parent’s asbestos-covered clothing and were therefore exposed to “take home” asbestos.
7. I’ve seen countless ads on cable and on the Internet for meso. How do I choose a firm?
The following questions will help you when making a decision about firm.
–How will your firm be involved in my case?
–Do your lawyers argue hearings or other matters before the judge?
–Does your firm have a full-time investigator?
–Which attorney in your firm will be handling my case?
–Does your firm negotiate any of the settlements, or is it all done by another firm?
–Will your firm be defending my deposition?
–If I have questions or concerns about my case, will I be dealing with your law firm or with another law firm?
–Where are you located?
–How many years have you been practicing asbestos law?
–If you refer my case to another law firm for trial, how will you still be involved in my case?
–Which asbestos companies does your firm personally negotiate settlements with?
–What are your firm’s average settlement values for particular asbestos manufacturers?
–If you refer out my case, how is this handled? Will you refer it out to the highest bidder, or do you have one or two firms with which you exclusively work?
–If you refer out my case, why should I sign with you?
–After I sign with you, who from your office will I meet with personally?
11. What sets your law firm apart?
We are closely involved with our clients, and work with you one-on-one to review your occupational history as it relates to asbestos exposure. Unlike virtually all other types of litigation, mesothelioma cases depend on the credibility of the plaintiff. Since your exposure may have occurred 40 or even 50 years ago, your case will likely require a level of knowledge and expertise about products, locations, companies, materials, naval vessels, manufacturers, retailers, and medicine that other firms simply do not have.
12. Do I have to go to trial?
Most of the compensation in a mesothelioma case comes from out of court settlements, not from trial. However, in order to show defendants that you are serious about pursuing your claim, it is almost always necessary to file a case and have it set for trial. Whether you actually go to trial is a tactical decision that you will make in tandem with your lawyer.
13. I’ve heard that there’s a lot of money available from bankruptcy trusts. What are they?
Compared to suing solvent companies, bankruptcy trusts yield very little compensation. Many asbestos defendants are beyond the reach of the law due to taking shelter under Chapter 11. This has allowed some of the biggest wrongdoers to escape from any civil liability for knowingly poisoning and killing hundreds of thousands of people. In order to discharge their legal liabilities, these companies created trust funds to pay people who later claim injuries from asbestos. The amount of money in the funds is tiny compared to the number of people seeking compensation, and in the case of mass poisoner Johns-Manville, a mesothelioma victim is entitled to a maximum of $25,000.
14. So why would anyone try to get bankruptcy trust money?
Unfortunately, this is the only avenue for people who were poisoned by the bankrupt defendants. Some law firms specialize in doing only these types of claims, which are called “administrative settlements.” They involve paperwork, no trial, no deposition, and take up to two years or more for the money to actually be paid out. Filing a claim with a bankrupt company and then trying to sue a different solvent company in a third-party claim can greatly harm your case, because the solvent company will claim that your damages were caused by the bankrupt company against whom you filed the administrative claim.
15. I was exposed to asbestos. Do I have a claim?
You may have a claim, but our firm only handles cases where people have been diagnosed with mesothelioma. In a few instances we handle cases of lung cancer where there has been extensive asbestos exposure during the relevant years, and little to no history of smoking.
16. How long does the whole process of filing a claim take?
It varies, but the average time is two years from the date you first retain us until the complete resolution of your case. If we are able to negotiate settlements with major defendants, you will begin receiving settlement checks in as little as six months, and in some instances even more quickly.
17. What is unique about your firm?
We are unique in our emphasis on combining legal representation with access to the best and most effective medical treatment. Meso patients want quality of care and quality of life. Our founder, Roger Worthington, lost his father to asbestos-related lung cancer. We know that getting clients access to the best medical care is what matters most. From a legal perspective, a healthy client is also able to negotiate higher settlements from asbestos defendants. We have personal relationships with the nation’s best surgeons and oncologists, and our firm has donated over $2 million to meso research. We believe that mesothelioma patients deserve justice, and that they deserve a cure.
18. Is asbestos banned in the U.S.?
No. It’s still legal, and many companies use it in products such as children’s toys. The CSI Fingerprint Kit, which came out around Christmas, contained lethal asbestos powder that children would get on their hands and would also inhale. Our firm has been involved in legislative advocacy at the national level to shepherd legislation through Congress that would finally ban asbestos and provide funding for research to find a cure.
