Mesothelioma Lawsuit

Filing an asbestos lawsuit allows mesothelioma patients and their families to secure compensation for their future and fight back against the asbestos companies responsible for their disease. Typically, a mesothelioma lawsuit is filed on behalf of a person or the family of a person who has been diagnosed with mesothelioma or another asbestos-related disease.

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Nick Angelides
Legally Reviewed and Fact Checked by:
John Simmons, Chairman of Simmons Hanly Conroy

Why File a Mesothelioma Lawsuit?

  • Hold companies accountable
  • Recover lost wages
  • Pay for growing medical costs

Mesothelioma is an expensive disease to treat; travel costs for visits to your cancer specialist can add up quickly. Compensation from your mesothelioma lawsuit may allow you the flexibility to pay for any medical bills that your insurance company will not cover.

Simply put, filing a mesothelioma claim can allow you to take care of yourself during an exceedingly difficult time for you and your family.

Video Summary: Meso Survivors and Meso Warriors discuss what factors led them to file a mesothelioma lawsuit. View Transcript.

Latanyta Manuel (00:01):
Mesothelioma took my husband, the father of my children, and he was only 44 years old.

Bob Guinn (00:14):
My name is Bob. I'm 53 years old, and I have mesothelioma.

Dennis Ray (00:18):
And they said, "The results from the biopsy are you have mesothelioma. You've been around asbestos."

Julie Gundlach (00:27):
I was told that I had a very deadly cancer, that I should go home, put my affairs in order.

Walter Twidwell (00:33):
They said, “Do you have all your paperwork in order?” And I said, "Yes I do." And he said, "Well, keep it there."

Bob Guinn (00:38):
I used to be this big strong guy and tough guy, and nothing bothered me, and now I'm less than that.

Forrest Wulf (00:46):
It was devastating when they told me I had it — for me and my family.

Latanyta Manuel (00:53):
Companies knew it was deadly, but they used it anyway.

Julie Gundlach (00:58):
I think initially my reaction was disbelief at the way companies continued to use asbestos after they knew that it was deadly.

Walter Twidwell (01:08):
When I got told they knew many years prior what it would do to a human being, I got mad. I said, "Well, to heck with this noise, they're going to hear from me."

Bob Guinn (01:22):
They knew they were making people sick with the products they were producing and they didn't give a...

Walter Twidwell (01:29):
I didn't want to sue my government, and I damn sure didn't want to sue the Navy, because they’re still feeding me.

Forrest Wulf (01:38):
When I found out, people told me to go see a lawyer and file a lawsuit.

Julie Gundlach (01:44):
I first contacted an attorney on the advice of my physician, and it seemed initially like something I didn't want to do. It just goes against my nature.

Bob Guinn (01:57):
I've never filed a lawsuit before in my life.

Dennis Ray (02:01):
Number one, I didn't think I'd ever get mesothelioma. I knew there was asbestos in it, but I didn't know it was harmful. I didn't know it would cause cancer.

Forrest Wulf (02:10):
I hope it sends a message to them, because they're killing us is what they're doing.

Bob Guinn (02:18):
It was all about the mighty dollar. They didn't care what happened to people and their families.

Julie Gundlach (02:23):
My biggest fear was my daughter would grow up and not remember her mother.

Types of Mesothelioma Lawsuits

Simmons Hanly Conroy has decades of experience handling both personal injury and wrongful death mesothelioma lawsuits. Your case will be filed and prosecuted individually, not as a mesothelioma class action lawsuit, so you receive the attention and compensation you deserve.

Learn more about the types of mesothelioma lawsuits below.

Mesothelioma Personal Injury Lawsuits

Personal injury lawsuits are what people file when they are injured by a company or a person through no fault of their own. The purpose of the lawsuit is to get compensation for the injury (in this case, mesothelioma) and to let the wrongdoers know that there is a cost for putting people’s lives at risk.

Mesothelioma Wrongful Death Lawsuits

If a relative or loved one died from mesothelioma or an asbestos-related disease, you may be able to file a wrongful death lawsuit.

In legal terms, “wrongful” means a death was caused because of the reckless or negligent acts of another party. Companies that used asbestos knew the health dangers of asbestos exposure for years, and mesothelioma victims were often exposed to asbestos through no fault of their own.

Because of these companies’ negligent actions, families have the right to file a wrongful death mesothelioma lawsuit.

Mesothelioma Class Action Lawsuits

Class action lawsuits are reserved for scenarios in which a group of individuals are injured in substantially the same manner. Since asbestos-related diseases can affect people in different ways, it is our belief that such claims are not proper for class actions. We handle each case on an individual basis so that you receive the settlement that you deserve.

Mesothelioma & Asbestos Exposure

Asbestos is the only known cause of mesothelioma. This mineral was used by companies to make be durable and fire-resistant products throughout the twentieth century.

However, these companies knew the health dangers of asbestos exposure as early as the 1930s.

Today, Simmons Hanly Conroy is proud to help those who were harmed by asbestos exposure through mesothelioma lawsuits. Successful lawsuits can force manufacturers of asbestos-based products to provide financial compensation to patients and their families.

asbestos fibers

Up Close Look: Asbestos is a very strong and fiber-like mineral that causes mesothelioma.

How Do Mesothelioma Lawsuits Work?

In a mesothelioma cancer lawsuit, parties who made or used asbestos-containing products may be held liable for the injuries caused by those products.

Mesothelioma lawsuits may be filed against the: 

  • Product manufacturer
  • Manufacturer of component parts
  • Wholesaler or distributor of the product
  • Company that employed workers to use asbestos-containing products

Deciding to pursue a mesothelioma lawsuit gives individuals the ability to hold the companies accountable for exposing them to cancer-causing asbestos.

Mesothelioma Lawsuits and Statutes of Limitations

The most important step in filing a mesothelioma lawsuit is understanding the deadlines that govern how much time you have to file. These are called statutes of limitations.

Each state has a different time period when it’s OK to file a mesothelioma lawsuit. On average, statutes of limitations can range from 1 to 3 years after the date of a person’s diagnosis or death from mesothelioma.

The most common reason our asbestos attorneys can’t help people file a mesothelioma lawsuit is that the deadline to file has passed. Please don’t make this common mistake. Connect with our team today to make sure your lawsuit is filed within the deadline.

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Who Can File a Mesothelioma Lawsuit?

A mesothelioma lawsuit is typically filed on behalf of a person or the family of a person who has been diagnosed with mesothelioma.

If you recently lost a loved one to mesothelioma, you may have the right to recover financial compensation to help you during this difficult time by filing a wrongful death lawsuit.

How Do I File a Mesothelioma Lawsuit?

1Contact an Asbestos Attorney

The first and most important step in the legal process is to choose an attorney who will make filing a mesothelioma lawsuit as easy as possible for you and your family.

Choosing an experienced attorney with access to a number of resources is vital to the success of your lawsuit.

You’ll also want to ask questions about their:

  • Past results
  • Average time to resolution
  • Additional resources

Simmons Hanly Conroy has been able to help thousands of people and families with filing a mesothelioma lawsuit and understand the challenges you are facing.

2Build a Case

Your mesothelioma lawyer will conduct extensive research, collecting all the evidence about how and when you were exposed to asbestos. They may also want health information and a summary of your work history.

The goal is to identify who is responsible for your asbestos exposure and hold them accountable for causing you to get sick.

We understand time is of the essence, so your attorney will begin drafting a legal document called a complaint as soon as possible. The complaint will detail your mesothelioma case and why the asbestos companies are responsible for your disease.

3File the Mesothelioma Lawsuit

Based on your unique circumstances, your experienced mesothelioma lawyer will recommend the best court for your lawsuit and what information that jurisdiction requires to file your case.

When your complaint is filed with the court, all the defendants (the companies you are suing) also get a copy and will need to respond to it within set deadlines.

4The Discovery Phase

During this stage, your lawyers will continue to build your mesothelioma case by gathering more information about the legal claims in your complaint. This process includes securing proprietary documents, taking statements, and investigating the products and locations that exposed you to asbestos.

5Reach a Resolution

Mesothelioma lawsuits typically award compensation through settlements or trial verdicts. In a settlement, compensation is agreed on by both parties outside of court. Should you go to trial, your compensation, or verdict, is determined by the judge and the jury in court.

Hiring a mesothelioma law firm with experience filing and preparing asbestos lawsuits for trial means you’ll have a strong legal advocate to represent your case.

Ready to start your lawsuit and get your financial compensation?

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Why Hire Simmons Hanly Conroy?

“People hire the firm for our expertise and our compassion,” says Perry Browder, head of Simmons Hanly Conroy’s Asbestos Group. “Even though we’re one of the largest firms in the country, we treat our clients like family.”

Video Summary: Simmons Hanly Conroy Shareholder Perry Browder explains how the firm helps mesothelioma patients. View Transcript.

Perry Browder (00:01):
My name is Perry Browder, I'm the manager of the asbestos department.

Perry Browder (00:04):
I grew up in Skokie Morton Grove, which is a suburb of Chicago, up in Northern Illinois. I decided to be a lawyer because I really liked history and I liked the fight.

Perry Browder (00:17):
When John Simmons talked to me about the type of work I liked and gave me the opportunity, I jumped at it. In our day to day activities we include working on mesothelioma cases and some lung cancer cases. And we have over a hundred people dedicated to working on mesothelioma and asbestos cases: attorneys, paralegals, legal assistants, medical staff, bankruptcy staff. We have our experts working on Navy cases, steel mills, all the way to professions in the printing industry. So, it's a team approach from intake to conclusion and closing the case.

Perry Browder (00:55):
When I started working with families and people that were sick, it was an eye opener because I had seen these people in courtroom settings and in depositions, but was never spending time in their home listening to their story. Once you started to listen to their story, you realize these are people that just took an average day of work, tried to work hard, provide for their family and had been poisoned. And being in their living room, listening to their story, really makes one want to be able to go out there and protect them no different than if they were your own family members.

Perry Browder (01:30):
The attorneys that we have here are the hardest working attorneys around. And they do what's best for the family, keeping in mind that they still need to get the results so that the family has financial recovery.

Perry Browder (01:43):
When somebody files a lawsuit, you're up against some of the largest companies in the world. We have to match those large corporations. That's the beauty of having a jury system in a courtroom, that people can get their day in court, whether it's an individual or corporation.

Perry Browder (01:59):
Roby Whittington was an African-American that worked hard up in Gary, Indiana that provided for his family and put in an honest day's work. US Steel, on the other hand, treated him as if he was a resource, no different than coal or iron. They poisoned this individual. People to this day are still getting sick and dying from mesothelioma because of exposures they've had 30, 40, and 50 years ago. And, it's important for us to follow where the people were exposed so that we can maximize recovery and get the right defendant that caused this injury. When they see a verdict against US Steel for $250 million, that gets people's attention.

Perry Browder (02:42):
It starts at day one when we meet the client and we sign the contract. We have people that go out and do the initial introduction to make the family comfortable. My family is the most important thing to me. I have a wife, two girls, and a boy, and I know what it would be like if something were to happen to me and how they would be affected. So, when we are meeting with clients, we take that into account and treat them as if they're family. I think that goes from John Simmons, the leadership, all the way through the receptionist when you first walk in our building and you're welcomed to the firm.

Perry manages more than 60 mesothelioma lawyers who focus solely on helping people with asbestos-related cases. Each senior attorney operates within a small legal team, and each team has in-house access to top resources as they work to build your case and ensure you receive the asbestos lawsuit settlement you deserve.

These resources include:

  • Research and Discovery Department comprised of veteran attorneys and Ph.D. researchers
  • Robust national network of medical and safety experts
  • In-house medical department led by registered nurses
  • Warehouse of evidence, including corporate documentation and physical industrial parts and materials

Our combination of compassion, resources and experience has helped us secure some of the largest asbestos verdicts and settlements in the country for mesothelioma patients and their families.

At Simmons Hanly Conroy, we are not only dedicated to our clients, but also to our communities. We support a wide variety of national and local organizations and are one of the nation’s leading legal contributors to mesothelioma cancer research.

Read more about our fight to end mesothelioma

See How We Have Helped Others

At Simmons Hanly Conroy, we stand for our clients. We're committed to providing our clients with the expert legal care they need and the personal attention they deserve. See what just a few of our mesothelioma clients have said about us so far.

Settlements and Verdicts from Mesothelioma Lawsuits

Simmons Hanly Conroy has had success in securing mesothelioma compensation both through settlements and trial verdicts.

$40 Million Verdict

U.S. Navy Veteran Pleural Mesothelioma

$3.8 Million Settlement

Family of Former Factory WorkerPeritoneal Mesothelioma

$60 Million Verdict

California LaborerPleural Mesothelioma

$1.4 Million Settlement

Former MechanicPeritoneal Mesothelioma

Simmons Hanly Conroy’s experienced team of trial lawyers will aggressively and thoroughly prepare your mesothelioma lawsuit with the goal of achieving the best result possible. The asbestos companies know the quality of our work and most choose to settle out of court.

Wrongful Death Mesothelioma Settlements and Verdicts

Our attorneys have represented thousands of families in mesothelioma cases and recovered billions of dollars in compensation for families of mesothelioma warriors, including the following results:

  • $2.86 million asbestos verdict for the family of a 62-year-old factory worker who passed away from mesothelioma
  • $4.4 million in settlements for the family of an Illinois woman who died from secondary asbestos exposure
  • $1.57 million granted to the family of a 60-year-old Texas mechanic who passed away from pleural mesothelioma
  • $3.3 million awarded to the family of an Ohio U.S. Marine and installer
  • $1.9 million for the family of a Florida U.S. Navy veteran and heavy equipment operator who died from pleural mesothelioma
  • $3.75 million in mesothelioma settlements to the family of a 78-year-old Pennsylvania laborer
  • $1.2 million secured in mesothelioma settlements for the family of a New York truck driver
  • $2.69 million secured in settlements to the family of a California shipyard worker who died from mesothelioma

Learn more about the legal options available to you with a free case review today.

 

“We have resolved thousands of cases for families of asbestos victims. We can give potential clients an educated analysis of their specific circumstances because we are a national firm with a national reach.”

– Shareholder Nick Angelides, who has secured over $350 million in settlements on behalf of families harmed by asbestos.

Mesothelioma Lawsuits FAQ

Am I eligible to file a mesothelioma lawsuit?

If you or someone you love was diagnosed with mesothelioma — or recently passed away from this cancer — you might be able to file a lawsuit. There are time limits to take legal action due to statutes of limitations, so it’s important to act quickly. Contact Simmons Hanly Conroy today to see if you can file.

When should I file a mesothelioma lawsuit?

You have only a certain amount of time after a mesothelioma diagnosis is made to file an asbestos claim due to statutes of limitations. Once these deadlines pass, it’s too late to file. Because of this, we advise you to contact us as soon as possible so we can evaluate your case for you.

How long does a mesothelioma lawsuit take?

Every mesothelioma lawsuit has a different timeline depending on the specific factors in each case. The average mesothelioma lawsuit typically resolves in 18-36 months, but many Simmons Hanly Conroy clients start to receive compensation from their lawsuits within just 3-6 months.

The skilled mesothelioma attorneys at Simmons Hanly Conroy will work to secure the highest amount of compensation for you in the shortest amount of time.

Can I file a mesothelioma lawsuit after the death of my loved one?

Mesothelioma victims or immediate family members on their behalf may be eligible to receive compensation from the manufacturers of dangerous asbestos products that caused the disease. Even if your loved one is deceased, as a family member, you may be able to file a wrongful death claim.

Will my case be part of a mesothelioma class-action lawsuit?

No, your case will not be handled as a class action. Your asbestos case will be filed and prosecuted individually. We handle all mesothelioma lawsuits on an individual basis so you receive the individual attention and compensation you deserve.

How much can I expect to receive through a mesothelioma lawsuit?

Every case is different and requires proper investigation. To view some of our results, please visit the mesothelioma verdicts and settlements section of our website. Individual results vary depending on your unique circumstances.

Any recovery you may receive depends on a variety of factors such as your exposure history or whether your case is settled or goes to a jury trial. Our law firm has a track record of securing significant results for our clients diagnosed with mesothelioma.

To get a better idea of how much compensation you might be able to expect, contact us today.

Why should I file a mesothelioma lawsuit?

There are many reasons to file a mesothelioma lawsuit. While no amount of compensation can give you back your health, a mesothelioma settlement may help cover your medical expenses and eliminate worries about your family’s potential debt.

A mesothelioma lawsuit can also help to ensure your family’s financial security for years to come.

As early as the 1930s, asbestos corporations knew their products were deadly and covered up the evidence for profit. The civil justice system gives individuals and families the opportunity to hold accountable those who caused their injury.

How much will it cost for you to investigate my claim?

Nothing. The minute you contact us, our mesothelioma lawyers will begin investigating your asbestos claim at no cost to you or your family. Typically, one of our investigators or attorneys will call or visit you to gather information about you, your family, and your work history.

After we have sufficient information, we decide if we can recommend filing a mesothelioma lawsuit. This is of no financial cost to you. Start the investigation process by filling out the form on this page.

How much will it cost for you to represent me?

Again, nothing. There is no financial risk on your part in filing a mesothelioma lawsuit. The lawyers from Simmons Hanly Conroy represent clients on a “contingency” basis, which means that we will only collect a fee if and when you collect a verdict or settlement.

A mesothelioma attorney will meet with you to go over these matters in detail. Call (800) 326-8900 or fill out the form to schedule a meeting with a member of our experienced legal team.

Will I have to travel?

We will come to you. Our attorneys and investigators will travel to meet with you in the comfort of your own home or in a location of your choosing. Though we cannot guarantee that you will never have to travel during your case, it is unlikely you will need to leave the area where you live.

Once I contact you, what happens next?

The minute you contact us, we will begin examining your asbestos claim at no cost to you or your family. An investigator or attorney will call or visit you to learn more about you, your family and work history.

After we have sufficient information, we decide if we can recommend filing an asbestos lawsuit, and you decide if you’d like to hire us to represent your family. Your information will be kept confidential.

This is of no financial cost to you and does not obligate you to hire us. Get started by calling (800) 326-8900.

Will I have to testify at trial?

We always prepare as if we are going to trial. However, some of our mesothelioma cases settle out of court without going through a trial. In the event that a trial does occur, our mesothelioma attorneys are trained to make this process as easy on you and your family as possible.

Will my mesothelioma lawsuit be filed in my state?

Your home state is one of several factors your attorney will consider when deciding where your case may be filed. This step is included in the legal process and will not cost you any extra money.

Depending on the specific facts of your case, it is possible that your asbestos lawsuit may not be filed in your home state.

Start the process of investigating your potential claim by filling out the form on this page.

Simmons Support Team
Reviewed by:John Simmons

Chairman of Simmons Hanly Conroy

  • Fact-Checked
  • Legal Reviewer

John Simmons is a founder and Chairman of Simmons Hanly Conroy. After serving in the U.S. Army, he went on to earn his Doctor of Law degree from Southern Methodist University School of Law. He has helped recover some of the biggest verdicts and settlements in asbestos litigation history and is rated as one of the Top 100 Trial Lawyers.