Mesothelioma attorney: trust claims and lawsuits explained
For people with mesothelioma, a cancer that asbestos causes in the lung lining, and their families, a mesothelioma attorney recovers money. Typically, a single attorney takes on both paths at once: a lawsuit against companies still in business, plus claims filed with the bankruptcy trusts; many cases finish with no trial.
Talk to the claims team of the sponsoring law firm about trusts and a lawsuit in one call.
Can you file a mesothelioma lawsuit?
Yes. A personal injury suit can list manufacturers, employers, property owners, or builders who caused the exposure; many asbestos firms knew for decades their products were dangerous. A wrongful death claim can be filed by the family after a death to seek funeral costs, medical bills, lost wages, and loss of companionship.
Same attorney handles trust claims
An estimated $30 billion was placed in trusts by bankrupt asbestos companies to help people made ill by their products. There are 54 active trusts, and 48 of them publish a current payment percentage, between 0.7% and 100%. Each one pays its scheduled value, the amount set for a disease, after applying that percentage. Most trusts pay only a share of the value, so an attorney files claims with every trust the work history backs up.
Out-of-court settlement
Before trial, most mesothelioma lawsuits settle. Funds may arrive from a trust, the manufacturer, or its insurer. You get a settlement faster than a verdict, but the amount is usually lower.
Deadlines set by states
Because mesothelioma usually emerges 10 to 50 years after exposure, the state deadlines start upon diagnosis and span from 1 to 6 years. If you miss the deadline, the lawsuit can end before it starts.
| State | Injury claim | Wrongful death |
|---|---|---|
| California | 1 year | 1 year |
| Florida | 4 years (2 for negligence-only claims) | 2 years |
| Illinois | 2 years | 2 years |
| New York | 3 years | 2 years |
| Ohio | 2 years | 2 years |
| Pennsylvania | 2 years | 2 years |
| Texas | 2 years | 2 years |
Records collected by an attorney
Exposure often occurs decades before diagnosis, so lawyers gather old union, work and building files. Power plants, factories and military bases used asbestos in many items. These included pipe coverings, ceiling products, roofing, insulation and floor tiles. The Department of Veterans Affairs may also give veterans medical and money benefits.
How are attorney fees handled?
No upfront payment is required because asbestos attorneys work on contingency, taking their fee from recovered money. The written contract lists the fee percentage, confidentiality terms, and who covers case expenses if the case is lost. To discuss diagnosis and claim options, call the claims team.
Common questions about a mesothelioma attorney
How much is a typical mesothelioma lawsuit settlement?
Most mesothelioma cases settle for $1 million to $5 million to cover financial losses and pain and suffering. Exposure history, age and diagnosis determine the amount. No two cases are alike.
What is the cost of a mesothelioma lawyer?
For a lawsuit settlement or verdict, the fee is typically 33% to 40% of recovery. Trust claims often have a 25% fee, plus repayment of case expenses the firm covered.
How do you pick an asbestos lawyer?
Choose a lawyer capable of filing for second-hand exposure who also handles bankruptcy trust claims and failure-to-warn lawsuits. You are not obliged to hire the firm after a first case review.
How does a settlement get paid?
Most clients get paid within 60 to 90 days after a settlement. Funds enter a trust account for clients, and once the lawyer removes expenses and fees, you'll get the remainder. Each trust pays its own claims on a separate schedule.