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Understanding Mesothelioma & Your Legal Rights
Mesothelioma is a devastating cancer caused by asbestos exposure. If you or a loved one has been diagnosed, you may be entitled to significant compensation. Here's what you need to know.
What is Mesothelioma?
Mesothelioma is a rare and aggressive form of cancer that develops in the mesothelium, the thin layer of tissue that covers most of your internal organs. The primary cause of mesothelioma is exposure to asbestos, a naturally occurring mineral that was widely used in construction, manufacturing, and military applications throughout the 20th century.
There are several types of mesothelioma, classified by where the cancer develops:
- 1Pleural Mesothelioma - Affects the lining around the lungs (most common, ~75% of cases)
- 2Peritoneal Mesothelioma - Affects the lining of the abdomen (~20% of cases)
- 3Pericardial Mesothelioma - Affects the lining around the heart (rare, ~1% of cases)
The latency period for mesothelioma is typically 20-50 years, meaning symptoms may not appear until decades after the initial asbestos exposure. This is why many people diagnosed today were exposed in the 1960s, 70s, or 80s when asbestos use was at its peak.
Who is at Risk for Mesothelioma?
Millions of Americans were exposed to asbestos in their workplaces, homes, and during military service. The following occupations and groups have the highest risk:
Veterans at High Risk
Veterans, especially those who served in the Navy, are at particularly high risk for mesothelioma. Asbestos was used extensively in ships, shipyards, military vehicles, and barracks. Veterans account for approximately 30% of all mesothelioma diagnoses.
Mesothelioma Compensation: What You Could Receive
Most mesothelioma cases settle out of court. Settlements provide faster compensation without the uncertainty of a trial.
Cases that go to trial often result in higher compensation, including punitive damages against negligent companies.
Over $30 billion has been set aside in asbestos trust funds by companies that filed for bankruptcy due to asbestos liabilities.
Why Time is Critical in Mesothelioma Cases
Every state has a statute of limitations for filing mesothelioma lawsuits. These deadlines typically range from 1 to 6 years from the date of diagnosis. Once the deadline passes, you may lose your right to compensation forever.
Additionally, evidence can be lost, witnesses may become unavailable, and companies may deplete their assets or trust funds. Acting quickly ensures the best possible outcome for your case.
- Kentucky & Louisiana: Only 1 year to file
- Tennessee: Only 1 year to file
- Most states: 2-3 years to file
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Frequently Asked Questions About Mesothelioma Lawyers
Get answers to the most common questions about mesothelioma lawsuits, settlements, and finding the best attorney near you.
Mesothelioma settlements typically range from $1 million to $1.4 million on average. However, amounts vary significantly based on factors like the extent of exposure, the companies responsible, medical costs, and lost wages. Some cases have resulted in settlements exceeding $2 million.
The time limit (statute of limitations) varies by state, ranging from 1 to 6 years from diagnosis. Some states have very short windows - Kentucky and Louisiana only allow 1 year. It's critical to consult with an attorney immediately after diagnosis.
Most mesothelioma cases settle out of court. Less than 5% of cases go to trial. Experienced mesothelioma attorneys work to secure fair settlements while preparing cases for trial if necessary.
Most mesothelioma lawyers work on a contingency fee basis, meaning you pay nothing upfront. The attorney only gets paid if you win your case, typically receiving 25-40% of the settlement or verdict.
Yes. Many companies that used asbestos have established trust funds specifically to compensate victims. There is currently over $30 billion in asbestos trust funds available to mesothelioma victims.
Experienced mesothelioma attorneys have investigators who specialize in identifying exposure sources. They review work history, military service records, and other documentation to trace exposure.
Yes. If a family member died from mesothelioma, surviving family members may file a wrongful death lawsuit. Additionally, family members who were exposed to asbestos fibers brought home on work clothes may have their own claims.
Compensation may include medical expenses, lost wages, pain and suffering, loss of consortium, and in some cases, punitive damages. Veterans may also receive VA disability benefits in addition to legal compensation.
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