Mesothelioma Overview

Why file a lawsuit?
How long can I wait?
Are mesothelioma lawsuits class actions?
How much will I spend to file a lawsuit?
Will a lawsuit take all of my time?
I’m not sure how I was exposed to asbestos?
Is lung cancer the same as Mesothelioma and can it also be caused by asbestos?

How long will it take to resolve my case?
Can I settle my case out of court?
What if the companies responsible are bankrupt?
What kind of compensation can I expect?
If I pass away, will my family receive the compensation?
My husband died. Is it too late to seek legal help?

Why file a lawsuit?

The most obvious reason to file a lawsuit is to recover money to help pay for expensive treatments or other medical expenses, but filing a lawsuit means more than just money.

For years, companies knew they were exposing people to something that could cause cancer and they should be held responsible. By filing a lawsuit, you are standing up against these companies and forcing them to acknowledge that what they did was wrong. This action alone helps prevent others from being hurt.

How long can I wait?

You may think it’s best to deal with the medical aspects of mesothelioma now and pursue the legal aspects later, but that’s not really true. While it’s important to deal with the medical aspects of the disease, you need to consider a lawsuit as soon as possible. You have a limited amount of time to file a lawsuit. Though it is different in every state, this period is generally 2 years after diagnosis.

Are mesothelioma lawsuits class actions?

No. In fact, all mesothelioma lawsuits are handled on an individual basis so that every person has the opportunity to receive compensation based on the specific issues of their situation.

How much will I spend to file a lawsuit?

In short: nothing. All mesothelioma law firms operate on a “contingency fee” system, meaning that you do not pay anything up front. All of the expenses of the case are advanced. And when the case finally comes to a successful result, the attorneys will be paid a percentage of the final result plus expenses.

However, if the attorneys do not achieve a successful result for your case, you owe nothing.

Will a lawsuit take all of my time?

No, a lawsuit is not supposed take over your life or be invasive. In fact, if you hire the right attorneys, you should feel comfortable handing the lawsuit over to them completely. Though you will be needed to assist in providing information about the case, a good mesothelioma attorney will handle all of the “heavy lifting.”

I have mesothelioma, but I’m not sure how I was exposed to asbestos. What can I do?

Most people with mesothelioma are surprised when their doctors suggest that the cancer was caused by asbestos. Some mesothelioma patients do not immediately realize that they have been exposed to asbestos in the past.

Asbestos was once commonly used in a wide variety of products. In fact, asbestos is still not banned in the United States even today. The attorneys we work with can help you review your history and investigate how you may have been exposed to asbestos.

Is lung cancer the same as Mesothelioma and can it also be caused by asbestos?

Lung cancer and Mesothelioma are different, although lung cancer can also be caused by asbestos. Lung cancer develops inside the lungs while Mesothelioma develops on the external lining of the lungs or abdomen. If you served in the military or worked in industries where asbestos use was rampant, it is likely that your lung cancer is the result of asbestos and that you could be eligible for compensation.

How long will it take to resolve my case?

Each case is unique, and the amount of time it takes to complete will depend on a number of factors. Some judges may grant you an “expedited trial setting,” giving your case priority on the court’s docket so that it can conclude more quickly. Such cases may conclude in less than a year of filing. Cases that do not receive an expedited trial setting may take two or more years to resolve.

Can I settle my case out of court, or will I have to go to trial?

Most mesothelioma cases settle out of court. Some asbestos defendants may even settle relatively early in your case. Others might not settle until the eve of trial. In some instances, it might be necessary to go to trial in order to seek the compensation you deserve.

What if the companies responsible for my asbestos exposure are bankrupt?

Several companies that once made asbestos-containing products have filed for bankruptcy protection. In such cases, the bankruptcy judge may establish a trust fund with the company’s assets to compensate asbestos victims who were exposed to the company’s products. The amount of compensation you might receive through a bankruptcy trust fund is usually less than what you might have recovered had the company not filed for bankruptcy. Also, once a company has filed for bankruptcy, you can no longer sue it. Your Baron & Budd team will evaluate your case and file claims on your behalf for compensation through bankruptcy trust funds if you are eligible for such compensation.

What kind of compensation can I expect from a lawsuit?

Because every case is unique, no attorney can “promise” you how much compensation you will receive, or even guarantee that you will receive compensation. However, most mesothelioma cases conclude with the seven-figure settlements.

If I pass away before my case is resolved, will my family receive the compensation owed me?

In most states, if a person dies before their lawsuit has concluded, their loved ones can continue to pursue the lawsuit. A person’s Last Will and Testament can set forth who is to receive any compensation that may have been due them. Depending on applicable law, certain family members might also have the right to seek compensation for their own personal loss.

My husband recently died of mesothelioma. Now that he is gone, is it too late for me to seek legal help?

Most states allow the spouse and family members of a person who has passed away from mesothelioma to bring a case for the wrongful death of their loved one. There is a limit to the amount of time you have to file a suit, and in some states a probate court must first officially name the personal representative of the estate of the deceased person. It is therefore important to take action as soon as you can to make sure your legal rights are protected.

HELPFUL RESOURCES

You can learn more about asbestos and the diseases it causes by visiting the following:

www.epa.gov/asbestos :The Environmental Protection Agency (EPA): If you believe that you were exposed to asbestos through an apartment you rent or a school you attend, you should contact the EPA asbestos ombudsman and the asbestos coordinator through your state’s environmental agency for assistance. The EPA has jurisdiction over asbestos exposure in the schools as well as housing containing four or more units.

www.osha.gov : The Occupational Safety and Health Administration (OSHA): If you believe you were exposed to asbestos on the job, you can contact OSHA to file a complaint. You can learn more about the process. OSHA’s website also has a wealth of information about the federal safety regulations that govern asbestos in the workplace.

www.cdc.gov/niosh.topics : The National Institute for Occupational Safety and Health (NIOSH):
NIOSH recommends that people with a history of occupational exposure to asbestos undergo periodic health testing. These tests generally include a chest X-ray and lung function tests, as well as an evaluation of the patient’s overall health and his or her history of asbestos exposure.

www.cpsc.gov : The Consumer Product Safety Commission contains information about hazardous consumer products, including products containing asbestos.

www.asbestosdiseaseawareness.org : The Asbestos Disease Awareness Organization (ADAO) is a non-profit dedicated to giving a voice to asbestos victims, advocating for a ban on asbestos, supporting medical research, and educating the public and the medical community about asbestos.

www.ewg.org : The Environmental Working Group (EWG) is a nonprofit that has compiled a lot of research about asbestos. You can find this information through the “chemical index” tab on their website.

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MESOTHELIOMA OVERVIEW