Filing a Mesothelioma Lawsuit
Mesothelioma victims and their loved ones may be eligible to file lawsuits seeking compensation for their losses. Contact us to find out if you qualify through a free case assessment.
If you’ve been diagnosed with mesothelioma, you know what it’s like to have your life change in an instant. Coping with such significant upheaval while navigating the complexities of a lawsuit can feel impossible, but lawsuit compensation can provide critical funds to help victims pay for treatment, regain financial stability, and hold negligent asbestos companies accountable.
Mesothelioma lawsuits offer victims the opportunity for significant compensation. According to Mealey’s Litigation Report, the average out-of-court settlement is $1 to $2 million, while the average trial verdict is $20.7 million. Don’t let anxiety stop you from getting the help you need. Expert mesothelioma attorneys can help you navigate the process at no up-front cost.
Our legal partners, Meirowitz & Wasserberg, are mesothelioma litigation specialists with decades of combined experience handling the unique complexities of mesothelioma litigation. Their legal team is staffed by experts, ready to act as tireless advocates supporting you through every step of the personal injury claim process. Reach out today for a free case evaluation.
Preparing to File a Mesothelioma Claim
The best thing you can do to prepare for filing a mesothelioma claim is to get expert help. Building a solid claim takes time, resources, and expertise that most people simply don’t have, especially when dealing with a serious medical event.
Choosing to work with a law firm specializing in mesothelioma claims puts you in the best position to secure maximum compensation with minimal stress. Our partner law firm provides clients with top-quality, end-to-end support, gathering critical medical and exposure evidence, preparing your claim, negotiating with defendants, and defending your claim in court if needed.
Fast Fact
Determining Eligibility
When filing an asbestos personal injury claim, the burden of proof lies with the claimant, who must provide documentation of their diagnosis and evidence of their exposure history. However, one of the most critical factors determining your eligibility is how quickly you act.
The statute of limitations in asbestos lawsuits varies from 1 to 6 years, depending on the state in which you file. However, most states give victims only 1 to 3 years to file their claim beginning from the date of diagnosis (for personal injury claims) or death (for wrongful death claims).
How to File a Mesothelioma Claim
Mesothelioma lawsuits are a variety of personal injury claims handled in civil court. If the claim succeeds, defendants financially compensate their victims rather than serving jail time. The filing process can be challenging, but the support of a specialized mesothelioma law firm like Meirowitz & Wasserberg can streamline it and reduce stress.
| Filing Process | Description |
|---|---|
| Step 1: Meet With an Attorney | Tell your future attorney about the details of your case to learn more about your eligibility and options. Make a litigation plan. |
| Step 2: Gather Evidence | Once you have a plan, your attorney will begin gathering the supporting evidence needed to prove eligibility. |
| Step 3: File The Claim | Your lawyer will file the claim with the court, notifying the defendant of the case against them. |
| Step 4: Discovery/Review | Once the defendant has been notified, they’ll review your claim and gather their own evidence. |
| Step 5: Accept/Deny Offers | Many defendants respond to a strong claim with a settlement offer. You can accept this offer, have your lawyer negotiate for a better offer, or take your claim to court. |
Step 1: Meet With an Attorney That Specializes in Asbestos Litigation
The initial meeting is a kind of mutual interview. The prospective client speaks with a lawyer about the unique circumstances of their claim, and the lawyer then helps them understand their compensation options and the potential value of their claim. Next, your lawyer will help you make a litigation plan that respects your needs and timeline.
Fast Fact
Step 2: Gather Evidence
Your lawyer will help you gather the evidence you need to build a strong claim. Mesothelioma attorneys have the knowledge and resources to find the compelling evidence you need.
Key evidence includes:
- Medical diagnosis for a doctor or pathologist
- Supporting documentation of diagnosis (tests, imaging, biopsies, etc.)
- Witness statements/Affidavits
- Sales records
- Military service records
- Paystubs
Step 3: File Claim
Once your team has the necessary evidence, they’ll organize it into a compelling claim. Your lawyer will then file the claim with the court, handling every step of the filing process, such as ensuring your claim is complete and turned in on deadline.
Step 4: Claim Discovery or Review
After filing, the defendant(s) are notified. They then have a set time to respond, typically 30 days in most states. Many defendants will attempt to have the case dismissed, question your allegations, and request additional documentation. Your lawyer will handle responding, although victims may need to answer deposition questions, which they can do from home.
Step 5: Accept or Deny Offers
Many victims receive a settlement offer. Generally, the initial offer is low, requiring your lawyer to negotiate it to meet your needs. If the negotiation is successful, an out-of-court settlement offers claimants an efficient, secure path to compensation. If negotiations fail, your lawyer will represent your claim in court.
How We Can Help
Mesothelioma lawsuits are an essential tool for patients and their families. The costs of a mesothelioma diagnosis are high, with treatment costing an average of $400,000 per year out of pocket. Legal compensation can provide critical relief for those who qualify.
If you or a loved one has been diagnosed with mesothelioma and you’re struggling to cope, remember that free assistance is available. We can help you determine your eligibility for compensation in minutes, at no cost.
We’ll also connect you with our legal partners. The attorneys at Meirowitz & Wasserberg are mesothelioma specialists who have the resources, expertise, and determination you need and deserve. They have helped thousands of clients secure millions in compensation. Call us today to take the first step towards justice and compensation.