Mesothelioma Case Law: Frequently Asked Questions and Answers

Mesothelioma Case Law: Frequently Asked Questions and Answers

Mesothelioma is becoming a popular cancer today. It’s a disease that sharply decreases the life expectancy of its victims, unless treated professionally where caught early.

If you’re having questions about your legal options and processes, you’re on the right page. In whatever situation you are, there is a lot hope. These are the questions, or similar questions you might be having regarding legal options:

1. If I’m Having Mesothelioma, Can I Sue for Compensation?

Mesothelioma is a cancer that’s caused mainly by exposure to asbestos. If you wish to sue for compensation, it depends on where you were exposed, and how you were exposed.

It also depends on the person responsible for your exposure, and the time you got to know or were diagnosed with the cancer.

The best thing would be for you to have a conversation with a Mesothelioma lawyer, and explain to him what exactly happened, when and how exactly it happened.

If you’re talking of exposure due to misplaced responsibilities of other people, let your lawyer know about it. Several Mesothelioma cases filed are in form of a personal injury lawsuit.

2. What is the Average Mesothelioma Settlement?

According to Mealey’s Litigation Report in 2016, the average Mesothelioma settlement is from $1 million dollars to $1.4 million dollars.

3. Can I Sue the Military if I Got Exposed to Asbestos in the Military?

No. You cannot sue the military if you got exposed to asbestos in the military. The lawsuits are normally filed against the manufactures of asbestos, rather than the people or organizations/companies responsible for the exposure.

4. Do I Need a Lawyer to File a Mesothelioma Lawsuit?

Basically, the need to hire a lawyer isn’t a mandatory one in this case. If you’d like to hire a lawyer, or an attorney, it’s best to hire one who’s specialty is Mesothelioma.

The lawyer has to be very experienced in filing Mesothelioma lawsuits, and going about the case. Experts in law who specialise in Mesothelioma are also those who have experience and base their expertise on asbestos exposure.

They’re able to point responsibilities of asbestos exposure and with their committed team of investigators, they can reach a conclusion as to what really led to the exposure. can help you locate a good attorney, and you’ll have to choose an attorney with whom you feel free and comfortable with.

5.  Do I Get a Worker’s Compensation/Disability Compensation?

As a Mesothelioma patient, application for expedited Social Security disability benefits are very viable. Also, eligibility for workers compensation benefits are also viable.

In this case, more information can be provided by your State’s Workers-compensation Board as the laws in every State are different. If you wish to get a Workers Compensation/Disability Compensation, your attorney can help you decide best or help you clear out the available options.

6. What Happens if I Die Before My Case is Resolved?

If it happens that you die of the diagnosed ailment before your case if resolved or while it’s pending, it becomes your estate’s asset.

On the other hand, if death walks in before a claim starts, a wrongful death suit can be filed by your relatives or loved ones.

7. What Determines the Mesothelioma Case Compensation?

When weighing compensations, certain factors are put into consideration. Such factors include the pain and suffering from the illness, medical expenses related to the illness, lost wages resulting from retirement from work or inability to continue work after the diagnose.

Your financial condition, and the State law also serve as factors that determine the sum of compensation you get paid.

However, not all Mesothelioma cases are the same, and compensations are not always compulsory.

This is one of the reasons you should speak with an attorney as possible as you can so as to imprint the value of, and situation in your case.

8. Can I Get Up to a Million Dollar Mesothelioma Compensation/Award?

Generally, the amount you receive depends flatly on the situation of your case. It is however true that some lawsuits have earned million dollar worth settlements and awards, but it’s not every time this happens.

The verdict are different, depending on the circumstance or value of the case at hand.

9. How Long Would My Mesothelioma Case Last?

Talking of asbestos cases, the timeframes are different. Secondly, the time your case lasts depends on certain factors.

It depends when you reach a settlement in the processing of the case, and the settlement has to be a fair one in most case.

For victims at very advanced or late stages of the Mesothelioma cancer, cases can be expedited by the attorney.

10. Can I Sue After Filing a Different Type of Claim?

It is possible to still sue if you file a different type of claim. If certain claims have been filed, it is a possibility that you sue the companies responsible for the production of the asbestos products that caused the illness.

In filing a claim, you will need the help of a Mesothelioma lawyer to get things in the right place.

11. Where Can I File My Mesothelioma/Asbestos Lawsuit?

You can file your lawsuit in different States, but it is wise to be mindful of the court you choose; they have a role to play in determining the output of your lawsuit.

Your asbestos attorney should help you out in choosing a court to file your lawsuit.

The Mesothelioma lawyer should also help gather relevant information about your case, and the circumstances surrounding the case.

12. I Can’t Remember How, Where, When I Was Exposed to Asbestos, How Can I Sue?

If you don’t remember when, how or where you were exposed to asbestos, your Mesothelioma lawyer can point this out by going down your life and work history.

It is very possible that you don’t know how or you know very little about asbestos exposure, asbestos products, and you might have been exposed at your workplace or  somewhere else where the products are found.

A Mesothelioma lawyer can figure out companies responsible for the exposure and the product that caused your illness.

13. More than One Company is Responsible for My Mesothelioma Cancer/Asbestos Exposure, What Can I Do?

If there are more than one company responsible, portions of blame are shared between the faulting companies, and your asbestos attorney will gather the relevant information to file your case.

14. Will My Mesothelioma/Asbestos Case Go to Trial, Or Settle Out of the Court?

There’s a good change that your case may proceed to trial, and it depends on the circumstance or your case. Most of the time, cases of Mesothelioma or asbestos exposure don’t make it to trial because the faulting companies settle it out of the court.

If you’re not able to reach a fair settlement before the trial starts, then it proceeds to trial. Throughout the entire process, you’re preferred asbestos attorney will guide you.

15. Is there a Mesothelioma Lawsuit Deadline?

There are deadlines for filing a Mesothelioma lawsuit. These deadlines are drawn differently by each States, and they can be clearly explained by a Mesothelioma lawyer or attorney.

A best practice would be for you to speak with a Mesothelioma lawyer, or an asbestos attorney immediately you’re diagnosed of the disease so as to not exceed the deadline for filing a case.

16. Do I Have to Travel to File My Lawsuit Out of State?

You don’t have to travel. Often times, the Mesothelioma lawyer comes to you, initiate and interview, and the Mesothelioma lawyer takes your deposition.

The lawyer has to be one with a lot of experience so your case doesn’t fall in favour of the faulting companies.

It is the Mesothelioma lawyer that goes to the court on your behalf, and if you’ll have to travel, it wouldn’t be very frequently.

17. Is it Expensive to Hire a Mesothelioma Lawyer?

Mesothelioma lawyers do not charge a specific amount, rather, they earn when you receive compensation.

This is known to be a contingency fee basis, and you spend nothing during litigation.

However, the lawyer receives an agreed percentage of your settlement if you win. The agreement is made the instant you hire, before further investigation and lawsuit filing.

18. What is An Asbestos Trust Fund?

Asbestos trust funds are otherwise known as asbestos bankruptcy trusts. They’re provided to compensate people who fall victims and will fall victims of asbestos exposure in future.

It was established in replacement for the bankruptcy protection asbestos companies sought when people started filing Mesothelioma lawsuits against them.

To file a claim with an asbestos trust fund, a Mesothelioma lawyer will have to determine you eligibility.


Mesothelioma cancer is a dangerous type of cancer. Impacted patients can sue the responsible companies of individual be it government owned or private owned.


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