Mesothelioma litigation in the United States goes back nearly 100 years, to 1929. Since then, numerous cases have been filed against companies because of exposure to asbestos that leads to a number of medical problems, including mesothelioma.
Compensation received by plaintiffs in mesothelioma litigation vary widely, with the high end being several million dollars, and the low end being less than half a million.
General Information on Mesothelioma Litigation
At this point, mesothelioma litigation is considered the single most expensive class action suit in US history. More than 6,000 companies have been sued by more than 600,000 plaintiffs. It is currently estimated that the litigation involving asbestos will eventually cost over $250 billion. Some of this cost has been cost to people already suffering from mesothelioma, who have gone bankrupt paying the legal fees for litigation.
For a long time, litigation regarding mesothelioma was very difficult because statutes of limitations where based on how much time had passed since the employers negligence. However, the long latency period of most asbestos caused illnesses has led to a change in the laws, so the statute of limitations starts when the damage caused by asbestos is first discovered.
Mesothelioma litigation can be filed by individual plaintiffs or in a class action suit by a group of plaintiffs together. There are different advantages and disadvantages to each.
Court opinions have often been brutal regarding asbestos manufacturers and other employers who exposed their workers to asbestos, often indicating the judge’s belief that the companies were fully aware of the danger of asbestos, and knowing concealed this danger.
Who Should Consider Starting Mesothelioma Litigation
Mesothelioma litigation can be started by a person who has been diagnosed with mesothelioma, or a close family member of someone with mesothelioma. However, not everyone who has mesothelioma would do well to start litigation.
In general, people who were exposed to asbestos in the course of work, and whose employer did not provide adequate protection, family members of people who worked with asbestos who may have been exposed at second hand, and people who worked with asbestos products that did not include clear warnings of the possible dangers may be able to file litigation.
People who are considering filing litigation should speak with a lawyer who specializes in mesothelioma cases, as mesothelioma law is complex and varies significantly from state to state.
Consulting with a Lawyer
The first of mesothelioma litigation is speaking with a lawyer. Many mesothelioma lawyers offer free consultations to discuss the case and determine if filing litigation is a good idea. The lawyer will need details regarding the medical condition and diagnosis and when and where the asbestos exposure took place.
If the lawyer determines that the case meets the legal requirements to file litigation, he or she will go over the different options available, which may include joining a class action suit. Overall, a class action suit requires fewer legal expenses, and less time, and provides a lower individual compensation.
Other Illnesses
Asbestos is known to cause several other medical conditions, including asbestosis and a rare form of lung cancer. Much of the body of law that applies to mesothelioma also applies to these illnesses.
