8 Common Questions About Mesothelioma Lawsuits

By Staff Writer

Being diagnosed with mesothelioma is heartbreaking. Only 33% of mesothelioma patients live more than a year after being diagnosed.

The last thing you want to think about after being diagnosed is having enough money to pay for treatment.

Some mesothelioma victims may be able to recover money to help pay for their medical expenses, pain and hardship.

8 Questions About Mesothelioma Lawsuits

Here are some common questions about mesothelioma lawsuits to help you:

1. How long do I have to file a lawsuit? Typically you have anywhere from 1-5 years after being diagnosed to file a lawsuit. Unfortunately, in some states, like Tennessee, you have only 1 year from being diagnosed to file a lawsuit.
2. What if the business I worked for while being exposed to asbestos is no longer in business?
   Most companies that went bankrupt or are no longer in business who had a history of working with asbestos had to form Asbestos Trust Funds to help pay mesothelioma victims in the future. So you still may have options.
3. What is an Asbestos Trust Fund?
   An Asbestos Trust Fund is a fund formed by companies who worked with asbestos to take care of claims filed against them in the future.
4. How do I pay my lawyer?
   Typically, a lawyer is only paid when money is awarded. Lawyers are usually paid a percentage of the award. The percentage ranges from 25-40% depending on the claim.
5. How long does a mesothelioma lawsuit take?
   Usually mesothelioma lawsuits settle before trial and take less than a year, but they can take up to 2 years if the lawsuit goes to trial. Because the lifespan of most mesothelioma victims is short, most courts will fast track mesothelioma cases if they go to trial.
6. Can a family member file a lawsuit after the victim has passed away?
   Yes, a family member can file a wrongful death lawsuit after the mesothelioma victim has passed away.
7. What is the typical award in a mesothelioma lawsuit?
   The average award if the case goes to trial is 2.4 million dollars. The average settlement in mesothelioma injury cases is 1 to 1.4 millions dollars. These numbers can vary widely though depending on many factors including how much money is left in the Defendant’s Asbestos Trust Fund.
8. Can a mesothelioma patient claim disability?
   Most mesothelioma victims qualify for expedited disability.

The compassionate lawyers at Gilreath & Associates are here to help you if you or a loved one has been affected by mesothelioma. Schedule an appointment today for your free consultation.

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