Mesothelioma Lawsuit Explained | Timeline for Your Settlement

Mesothelioma Lawsuit Explained | Timeline for Your Settlement

If you have received a diagnosis of mesothelioma, lung cancer, or asbestosis resulting from exposure to asbestos, you may wish to consider pursuing legal action to seek compensation and justice. 

To make informed decisions for yourself and your loved ones, it can be beneficial to consult with a mesothelioma lawyer who can provide guidance on your legal options. Taking prompt action can help ensure your future is secure and protect the interests of your family. It is crucial to ensure that any information used in the pursuit of your legal case is entirely original and free of plagiarism.

If you have been exposed to asbestos and suffered its harmful effects, you may have the option to seek compensation by filing a claim with an asbestos trust fund. Alternatively, you may consider pursuing an asbestos lawsuit, depending on your individual circumstances. In some cases, a combination of both options may be appropriate. It's important to consult with a qualified and knowledgeable attorney who has experience in handling asbestos cases, so that you can make informed decisions and increase your likelihood of receiving fair compensation and justice.

Asbestos Illnesses

As a naturally occurring mineral, asbestos is also a known human carcinogen that poses serious health risks. Its composition comprises of minute, jagged fibers that, if disrupted, can cause exposure. Ingesting or inhaling these fibers may result in severe internal harm and ailments, including but not limited to, mesothelioma - a lethal and fast-spreading cancer, and asbestosis.

Asbestos fibers have the potential to migrate beyond the respiratory system, resulting in harm and illness in other areas of the body. The formation of mesothelioma can occur in the lining of the abdomen or, on rare occasions, around the heart or testicles.

The workplace is a common setting for asbestos exposure, putting numerous individuals at risk of developing asbestos-related illnesses. Even before the implementation of regulations in the 1970s that restricted the use of this hazardous substance, thousands of people had already been exposed to it.

How to File a Mesothelioma Lawsuit

Filing and succeeding in a mesothelioma lawsuit can be a convoluted process, and it is essential to seek guidance from a proficient attorney who can assist you in making informed choices throughout the journey. The legal framework surrounding this issue can be bewildering, and errors can occur easily, making it all the more important to have an experienced professional by your side.

Locating an Asbestos or Mesothelioma Lawyer

To maximize your chances of success in a legal proceeding, it is essential to engage the services of a lawyer or law firm that possesses the appropriate experience and expertise in dealing with asbestos-related matters. Asbestos and personal injury laws vary from state to state and can be complex, making them challenging for non-experts to comprehend. Therefore, it is crucial to seek out legal assistance from a knowledgeable and skilled professional in this field.

Developing Your Case

Upon engaging the services of a law firm, the initial step involves collecting relevant information pertaining to your case. An exhaustive investigation will be conducted to establish the company responsible for the hazardous exposure that resulted in your illness. To facilitate this process, your active participation is crucial. It is advisable to furnish your legal team with as much pertinent information as possible.

The Defendant's Reaction

Upon filing the lawsuit, the defendant will be granted an opportunity to address the accusations brought against them. In accordance with legal procedures, defendants are given a specific duration to respond, which is commonly 30 days after receiving notice of the lawsuit.

The Phase of Discovery

When the defendant fails to respond, it results in a default judgment in your favor, effectively winning your case. However, it is not uncommon for the defendant to respond, thereby initiating the discovery phase. Throughout this phase, both parties gather relevant information and evidence to support their case.

The typical trajectory of a lawsuit involves progressing from the discovery phase to settlement negotiations, during which your attorney will advocate on your behalf to obtain a just amount of compensation. However, in the event that an agreement cannot be reached, the case will proceed to trial.


The majority of asbestos and mesothelioma cases are settled out of court, with attorneys from both sides coming to an agreement. Typically, it takes around 18 months to negotiate a settlement that is deemed reasonable for the affected individual, ensuring that they receive fair compensation.


Litigation proceedings typically require more time than resolving disputes outside of court. Although it is uncertain what the outcome of a jury's decision will be, pursuing a trial has certain advantages. For instance, the entities responsible for your ailment can be publicly revealed. Additionally, in the event of a favorable verdict, the compensation granted to the plaintiff tends to be greater.

The litigation process for asbestos-related cases can be a prolonged and arduous journey, often spanning multiple years. However, in cases where the plaintiff's health is critically compromised, the presiding judge may opt to expedite the legal proceedings. Despite this, individuals who have been diagnosed with mesothelioma typically seek to avoid a trial altogether as they have a vested interest in obtaining a timely and satisfactory resolution to their case.


Following a trial, both parties are entitled to appeal. This may cause a delay in obtaining compensation, but with the guidance of a knowledgeable asbestos lawyer who comprehends the procedure, the likelihood of achieving the desired outcome is higher.

Choosing an Asbestos Lawyer

It's crucial to choose the right legal team to increase your likelihood of a favorable outcome in a lawsuit. It's imperative to seek out an attorney who has a track record of effectively representing asbestos victims. The regulations governing such cases vary from state to state and can be intricate. It's not advisable to rely on a general lawyer.

It's crucial to obtain referrals from previous clients when selecting a lawyer. This allows you to verify not only their level of expertise but also their success rate in representing other clients. Opting for an attorney who has a proven track record of satisfying their clients and winning cases for them can boost your confidence in your own chances of success.

Lawsuits for Wrongful Death

Regrettably, the devastating impact of asbestos exposure often deprives victims of the chance to witness the conclusion of their legal battles. Consequently, the bereaved families may choose to pursue a wrongful death lawsuit related to asbestos or carry on with the ongoing litigation process.

A wrongful death lawsuit is a legal action brought when someone's death is blamed on the carelessness of another. Such a claim is meant to assist survivors in receiving compensation for expenditures paid, such as medical bills and burial costs, as well as compensation for emotional and psychological distress, loss of companionship, and suffering caused by the death of a loved one.


The primary motive for initiating legal proceedings for asbestos or mesothelioma is to obtain financial compensation. It is essential to hold the responsible person or entity accountable and seek justice for the harm caused. The expenses associated with these illnesses can be significant, and receiving compensation can alleviate financial burdens and allow for a more concentrated effort towards recovery. Ultimately, the monetary relief attained through such lawsuits can provide peace of mind and an opportunity to prioritize medical treatment.

In case you are pursuing financial compensation for an asbestos-related ailment, it is possible to seek reimbursement for various expenses. These may encompass present and anticipated medical bills, expenses for ongoing care, including hospice, and any other associated costs. Additionally, compensation can be claimed for intangible damages such as emotional distress, physical agony, and other non-monetary ramifications of sickness.

Mesothelioma Lawsuit Success Stories

While each case is unique, reviewing previous litigation involving asbestos can provide insights into what outcomes may be possible in your particular situation.

A former civilian employee of the United States Navy was diagnosed with mesothelioma and eventually passed away due to his occupation at the Norfolk Naval Shipyard. During his employment in maintenance and repair, he had frequent exposure to asbestos while working with gaskets and valves. His legal representation successfully argued that his death, which occurred a year after his mesothelioma diagnosis at the age of 73, was a result of this workplace exposure.

As a result of the trial, the family of the deceased was granted a $17 million settlement by the jury, which consisted of both compensatory and punitive damages. The settlement was divided into $9 million in compensation and $8 million in punitive damages. The obligation to pay the settlement was shared between two manufacturing companies that had provided asbestos-containing materials and the U.S. Navy.

Several plaintiffs in Charleston, South Carolina have filed lawsuits against the Charleston Naval Shipyard, which shut down two decades ago. Studies have shown that the local community surrounding the shipyard has experienced higher-than-average rates of mesothelioma. Specifically, approximately 29 people annually have lost their lives due to asbestos exposure in this area.

The exceptional circumstances of the lawsuit and the significant number of individuals impacted prompted a modification to South Carolina's legal system. This adjustment enables prompt hearings to guarantee that more victims can receive compensation in a timely manner through litigation. Although victims and their loved ones have been awarded compensation, some payments have encountered delays. Unfortunately, many of the plaintiffs have passed away before their cases were able to be heard.

When you initiate an asbestos lawsuit, you are asserting your right to justice and seeking to hold corporations accountable for their harm towards their employees. Lawsuits serve a crucial purpose in achieving these goals, as well as providing individuals with financial support to cope with their illness. It is essential to begin your lawsuit with the guidance of an expert and in a timely fashion, as statutes of limitations vary by state and limit the time frame in which you can pursue your case.

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