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Mesothelioma Lawsuit | File A Mesothelioma Claim in 2024

Use the chatbot on this page to find out if you qualify for a Mesothelioma Lawsuit instantly.

You can also contact TorHoerman Law for a free consultation.

Key takeaways:

  • Mesothelioma is an aggressive form of cancer primarily caused by exposure to asbestos. Those exposed to asbestos and diagnosed with mesothelioma may be eligible for a lawsuit.

  • Asbestos trust funds were established in the 1970s to compensate workers harmed by asbestos-containing products. These funds are designed to pay out claims to those who developed mesothelioma or other asbestos-related diseases due to exposure.

  • TorHoerman Law specializes in mesothelioma and asbestos exposure lawsuits, offering free consultations for potential clients. Our firm represents clients across all 50 states and has a dedicated team to handle mesothelioma cases.

#1 Mesothelioma Lawyers for Asbestos Exposure Lawsuits

Mesothelioma is an aggressive form of cancer commonly caused by exposure to asbestos.

Though asbestos has been largely phased out in the United States, it still exists in some industries, factories, buildings, and products.

If you or a loved one was exposed to asbestos and subsequently developed mesothelioma, you may be eligible to participate in a mesothelioma lawsuit.

Mesothelioma Lawsuit; Mesothelioma Lawyers; Absestos Lawyers

Contact an experienced mesothelioma lawyer at TorHoerman Law to learn how our firm can gain you compensation for your losses in the form of a mesothelioma lawsuit settlement or asbestos exposure trust fund claim.

TorHoerman Law offers free, no-obligation case consultations for all potential mesothelioma lawsuit clients.

Contact us today or get an instant online mesothelioma lawsuit case evaluation from the chatbot on this page.

Table of Contents

What is Mesothelioma?

The tissue that lines your lungs, stomach, heart, and other organs is called mesothelium. Mesothelioma (me-zoe-thee-lee-O-muh) is a tumor of that tissue.

Mesothelioma is an aggressive and deadly form of cancer.

Mesothelioma often impacts the lungs (pleural mesothelioma), and a more rare and aggressive type of mesothelioma (peritoneal mesothelioma) can impact the abdomen, heart and testicles.

What Is Malignant Mesothelioma?

Malignant mesothelioma is a rare cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium).

Mesothelioma treatments are available, but for many people diagnosed with mesothelioma, a cure is not possible. Doctors divide mesothelioma into different types based on what part of the mesothelium is affected.

Mesothelioma most often affects the tissue that surrounds the lungs (pleura). This type is called pleural malignant mesothelioma.

Other, rarer types of mesothelioma affect tissue in the abdomen (peritoneal mesothelioma), around the heart, and near the testicles. Mesothelioma doesn’t include a form of noncancerous (benign) tumor that occurs in the chest and is sometimes called benign mesothelioma or solitary fibrous tumor.

Mesothelioma Symptoms

Sometimes it is hard to tell the difference between malignant mesothelioma and lung cancer.

Your doctor uses imaging tests and a biopsy to clarify the diagnosis.

Treatment for a mesothelioma patient may include surgery, radiation, and/or chemotherapy.

Mesothelioma Symptoms

Mesothelioma victims often experience symptoms that commonly include:

  • Trouble breathing
  • Pain under the rib cage
  • Pain, swelling, or lumps in the abdomen
  • Weight loss for no known reason

If you suspect that you may have mesothelioma, you need to talk to your doctor and other medical experts right away.

Your doctor will first take your medical history and perform a physical exam, and then decide if you need additional testing.

There are several tests available including X-ray, pulmonary function test, computerized tomography scan (CT) and a lung biopsy among other tests.

Asbestos Exposure & Mesothelioma

When asbestos fibers in the air are inhaled, they tend to stick to mucus in the throat, trachea (windpipe), or bronchi (large breathing tubes of the lungs).

Chrysotile fibers tend to be cleared from the lungs by being coughed up or swallowed.

But the long, thin amphibole fibers are harder to clear, and they may stay in the lungs, traveling to the ends of the small airways and penetrating into the pleural lining of the lung and chest wall.

These fibers may then injure mesothelial cells of the pleura, and eventually cause mesothelioma.

Despite the fact that asbestos is classified as a known human carcinogen (a substance that causes cancer), it has been used in many products because of its heat and fire resistant properties.

Asbestos Exposure and Mesothelioma

Between the 1930s and 1970s, the use of asbestos in products increased dramatically.

In that amount of time, asbestos could be found in about 3,000 widely used products.

Products traditionally using asbestos include:

  • Insulation, floor tiles
  • Door gaskets
  • Soundproofing
  • Roofing
  • Patching compounds
  • Fireproof gloves
  • Ironing board covers
  • Brake pads

Banned Products Containing Asbestos

In 1973, under the Environmental Protection Agency’s Clean Air Act, spray applied asbestos products were banned for fireproofing and insulating.

Going even further in 1989, the EPA enacted the Asbestos Ban and Phase Out Rule which was designed to eliminate the use of asbestos in manufacturing processes.

Banned Products Containing Asbestos

In 1991, the Asbestos Ban was overturned in Corrosion Proof Fittings v. the Environmental Protection Agency.

However, six categories of products remained banned:

  • Corrugated paper
  • Rollboard
  • Commercial paper
  • Specialty paper
  • Flooring felt
  • New uses of asbestos

Jobs At Risk Of Asbestos Exposure And Mesothelioma

Contrary to popular belief, asbestos is not illegal in the United States.

Although the use of Asbestos in products has decreased in the United States, millions of Americans are still being exposed to asbestos in their workplace.

Jobs At Risk Of Asbestos Exposure And Mesothelioma

Even today, more than 70% of the world still uses asbestos in products.

People at risk of asbestos exposure in the workplace include:

  • Miners
  • Factory workers
  • Insulation manufacturers and installers
  • Railroad and automotive workers
  • Shipbuilders
  • Gas mask manufacturers
  • Construction workers, among other jobs
  • Family members of people exposed to asbestos at work can also have an increased risk of developing a mesothelioma case because asbestos fibers can be carried home on the clothes of the workers.
    • Sadly, it is not an uncommon situation to have a factory worker exposed to asbestos during their workday, unknowingly bring home the cancerous minerals at the end of a workday, and expose their family to asbestos.

Mesothelioma Compensation: Am I Entitled to Financial Compensation for my Mesothelioma Diagnosis?

When workers are not adequately warned that their exposure to asbestos could result in mesothelioma or other debilitating lung diseases, the worker or family members may have legal options, including filing a mesothelioma lawsuit.

The mesothelioma lawyers at TorHoerman Law specialize in toxic exposure lawsuits and have years of experience representing people in mesothelioma lawsuits, asbestos exposure lawsuits, and wrongful death lawsuits.

If you believe that you may qualify for a mesothelioma lawsuit or asbestos exposure lawsuit, contact a mesothelioma lawyer from TorHoerman Law today to discuss your potential legal options.

Contact TorHoerman Law for a free consultation, or use the chatbot on this page to find out if you qualify to file a Mesothelioma or Asbestos Lawsuit instantly.

The mesothelioma lawsuit and asbestos exposure lawsuit allege that one or more parties had a duty to warn injured persons about the dangers of asbestos, failed to provide adequate warnings and that, as a result, the person(s) developed mesothelioma.

If you were exposed to asbestos and subsequently developed mesothelioma or other asbestos related diseases, you may be eligible to seek damages for those injuries.

If you decide to file a mesothelioma lawsuit or wrongful death lawsuit for asbestos exposure, you should contact a mesothelioma lawyer as soon as possible.

Each state has its own deadline, or statute of limitations, for allowing victims of asbestos cancer to file a mesothelioma lawsuit.

Filing a Mesothelioma Lawsuit

Before you begin the process of your mesothelioma lawsuit, you should mitigate your injuries by removing yourself from any potential asbestos exposure areas, seeking proper medical treatment, and following your doctor’s orders.

The first step to filing a mesothelioma lawsuit is hiring a personal injury lawyer to represent you as your mesothelioma lawyer.

After you have found a mesothelioma lawyer, you should familiarize yourself with the steps of a civil lawsuit, so that you understand the timeline and process of a mesothelioma lawsuit.

Filing a Mesothelioma Lawsuit

Gathering Evidence for Mesothelioma or Asbestos Lawsuits

Your mesothelioma attorneys will help you to gather evidence to prove asbestos exposure occurred and to support your mesothelioma lawsuit claim.

Mesothelioma patients often have lengthy medical documentation that details the extent of their illness.

These documents are crucial for your mesothelioma lawyer to consider as evidence.

Evidence for Mesothelioma cases may include, but is not limited to:

  • Medical records
  • Work records
  • Expert testimony
  • Personal testimony
  • Bills associated with your injury

This evidence will help to prove your damages – in many mesothelioma lawsuits, the plaintiff will demand both compensatory damages and punitive damages.

Your mesothelioma lawyer will determine liability – the party or parties are at fault for your asbestos exposure and subsequent injuries.

After gathering evidence, establishing liability, and outlining damages, your mesothelioma will seek compensation through a mesothelioma lawsuit settlement or verdict.

Assessing Damages in Mesothelioma Lawsuits

Damages refer to the total cost of an incident, accounting for both economic and non-economic losses of an individual or estate.

If you are wanting to file a mesothelioma lawsuit, a lawyer can help you determine your damages.

Damages in mesothelioma or asbestos lawsuits may include:

  • Medical expenses
  • Future medical costs
  • Emotional damages
  • Pain and suffering
  • Lost quality of life
  • Permanent disability
  • Loss of consortium
  • Lost earning ability
  • Lost wages
  • Other compensatory and punitive damages

Contact an attorney who specializes in asbestos and mesothelioma lawsuits to learn more about your options.

Law firms across the country offer free consultations and will file a lawsuit with no up-front payment necessary.

Our Mesothelioma Lawyers work on a contingency fee basis, which means that our experienced mesothelioma lawyers do NOT charge for legal representation unless you win financial compensation in your case.

Submitting a Claim To the Asbestos Trust Fund

Another source of compensation for asbestos exposure is the asbestos trust fund. Asbestos trust funds are set up by bankrupt asbestos companies.

A mesothelioma lawyer can submit a claim against an asbestos trust fund, which contains funds to pay out set amounts to individuals who were exposed to asbestos and developed mesothelioma or other injuries.

Find more detailed information about active Asbestos Trust Funds.

Submitting a Claim To the Asbestos Trust Fund

What Is The Asbestos Trust Fund?

Asbestos trust funds originated in the 1970s, when it became clear that asbestos was the primary cause of mesothelioma.

Many of the companies that produced or sold products containing asbestos began going bankrupt because of the mesothelioma lawsuits filed against them that were eventually settled.

The money allocated to the trust allows for all current and future asbestos claims to be paid out to those injured.

In short, the trusts compensate workers injured by negligent companies that sold or manufactured products containing asbestos.

Hiring a Mesothelioma Lawyer

The first step in the legal process is to contact a mesothelioma lawyer for a free, no-obligation consultation.

Your mesothelioma will review your work history, medical history and other facts pertinent to your case and advise you on your ability in filing a mesothelioma lawsuit.

Hiring a Mesothelioma Lawyer

Your mesothelioma lawyer will zealously represent you and provide compassionate counsel to you and your family during every stage of your case.

Our law firm knows what Mesothelioma patients are going through, and we stop at nothing to make sure they are compensated for what they’ve gone through.

If you are considering filing a mesothelioma lawsuit or asbestos exposure lawsuit, contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a mesothelioma lawsuit instantly.

TorHoerman Law: One of the Top National Mesothelioma Law Firms

TorHoerman Law represents clients in 50 states and our mesothelioma attorneys have served as leaders in several national asbestos litigation efforts.

Our law firm is comprised of skilled investigators, medical staff, secretaries, paralegals, and case support personnel who are skilled at providing the exceptional personal attention that your mesothelioma lawsuit deserves.

Contact TorHoerman Law today for a free, no obligation mesothelioma lawsuit consultation.

Use our chatbot to receive a free, instant online case evaluation now.

TorHoerman Law: Your Mesothelioma Law Firm

Frequently Asked Questions

  • Who is the defendant in a mesothelioma lawsuit?

    In a mesothelioma lawsuit, liability could fall on a number of different parties.

    A few possible defendants could be a:

    • Manufacturer
    • Employer
    • Property owner

  • What is the Mesothelioma Lawsuit Timeline?

    Mesothelioma lawsuits often settle out of court within 12 months of being filed.

    However, there are a number of factors specific to each case that could cause a lawsuit to carry on for much longer.

    Mesothelioma cancer lawsuits are complicated, and no two Mesothelioma Lawsuits are the same. Our law firm has a keen understanding on Mesothelioma Lawsuit filing, and we can help guide you through the legal process.

    If you are a Mesothelioma victim and are unsure about your options to file a lawsuit, contact us today. We’re here to help you get justice.

  • What is the Average Mesothelioma Settlement?

    The average settlement for a mesothelioma case is between $1 million and $1.5 million.

    These estimations are by no means a guarantee of compensation in your Mesothelioma Lawsuit.

    They are only an estimation based off previous Mesothelioma settlements.

    These averages fluctuate drastically from case to case.

  • What Medical Treatment May a Mesothelioma Patient Have to Undergo?

    Treatment for any asbestos related illness can be difficult, but mesothelioma treatment in particular is long-term and costly, both in terms of your health and finances.

    Mesothelioma victims may have to undergo the following treatments:

    • Cancer or oncology treatments
    • Surgery
    • Lung transplant
    • Supplemental oxygen
    • Pulmonary rehabilitation
    • Other medical treatments

    In a successful Mesothelioma Lawsuit, victims would be compensated for the medical expenses associated with their illness.

  • Can I File a Wrongful Death Claim for a Family Member Who Died from Mesothelioma?

    Yes, loved ones are able to file a lawsuit for the death of a family due to asbestos exposure. Even after your loved one has passed, you are able to hold asbestos companies accountable and seek financial compensation.

    Wrongful death lawsuits for asbestos exposure are complicated.

    It’s recommended to speak with an attorney as soon as possible to determine your eligibility for a Mesothelioma Wrongful Death Lawsuit.

    An experienced Mesothelioma Lawyer can answer your questions and determine your eligibility based on evidence available, statutes of limitations, and more.

  • How is a Mesothelioma Diagnosis Confirmed?

    Mesothelioma and asbestos victims are often given various medical tests to determine their diagnosis.

    The following medical tests are often performed for those exposed to asbestos or those who believe they have mesothelioma:

    • Biopsy
    • CT Scan
    • Chest X-ray
    • PET Scan
    • Bronchoscopy
    • Pulmonary function test (such as a spirometer)
    • Thoracentesis
    • Other medical tests

Published By:
Tor Hoerman

Tor Hoerman

Owner & Attorney - TorHoerman Law

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