Are you considering legal action for an asbestos-related illness but don’t know what to expect with asbestos and mesothelioma lawsuits? Filing claims and lawsuits can feel overwhelming. Our team at Halpern Law Firm wants to help you feel more comfortable before beginning the process.
Below, we touch on many issues you should expect with asbestos and mesothelioma lawsuits. We can also provide more information during a consultation. If you need help with your case, the Halpern Law Firm team represents clients throughout Pennsylvania. Call us today at (800) 505-6000 for a free consultation.
Who Can File an Asbestos or Mesothelioma Lawsuit?
If you receive a mesothelioma diagnosis, you can file a complaint, claim, or lawsuit against the liable party to seek compensation for your physical suffering and financial damages.
Close relatives to someone with a mesothelioma diagnosis may also bring an action on the victim’s behalf. If the victim is too ill or deceased, their spouse, children, or legal representatives may pursue the case for them.
When You Should File a Lawsuit
The statute of limitations on mesothelioma cases is confusing since you often may not find out about the disease until many years after the exposure. Mesothelioma typically takes decades, as long as 40 years, to surface.
You must file a lawsuit within a few years of the diagnosis date. Laws surrounding the statute of limitations vary state by state, though typically, you have between one and five years to file the claim. In Pennsylvania, you have two years from the date of diagnosis.
Settlement and Trial Timelines
When you file asbestos and mesothelioma lawsuits, typically, one of two things will happen:
- You may settle outside of court, agreeing upon a defined compensation amount.
- You may take the case to trial if either party does not agree on an amount.
If you can come to a settlement, you may receive compensation in less than a year. With adequate evidence and medical records, you can often complete this route without dealing with court complications.
If you need to go to trial, the process may take at least two years. Typically, courts expedite mesothelioma cases due to the illness’s progressive nature, though hearings still take time.
How To File a Mesothelioma Lawsuit
Your attorney can help you file a mesothelioma lawsuit by going through the following steps:
- Evaluate the case to determine liability, evidence, financial losses, and appropriate claim options. Claims vary depending on the victim’s status and details of the exposure.
- File a lawsuit with an adequate court.
- Send the liable party their settlement offer. The company or organization may accept or deny the compensation request.
- Gather evidence to support the case if the liable party denies the compensation request.
- Attempt to settle with the defendant on a specific compensation amount.
- Represent the case in court if either party cannot agree on a settlement.
Typical Compensation Awards
Asbestos and mesothelioma lawsuits vary greatly from case to case. You may receive anything from zero payout to tens of millions of dollars.
Mealey’s Litigation Report found in 2016 that the average verdict for mesothelioma cases is just under 2.5 million dollars, although awards have been as high as U.S. Steel’s award to Roby Whittington of $250 million in 2003.
At Halpern Law Firm, we’ve helped mesothelioma clients receive as much as $14.5 million.
Call Halpern Law Firm To Begin the Lawsuit Process Today
At Halpern Law Firm, we have over 30 years of experience supporting all asbestos-related legal issues. Serving the entire state of Pennsylvania, we have offices in Philadelphia, Allentown, Scranton and Johnstown. Call us today at (800) 505-6000 for a free consultation.
Page Reviewed and Edited by
Dave Halpern, Mesothelioma Attorney
Dave Halpern is a Pennsylvania and New Jersey mesothelioma attorney with over 30 years of experience. He has investigated hundreds of cases and won numerous multimillion dollar settlements and verdicts for asbestos victims. Dave prides himself on working tirelessly to help his clients in their time of need.