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Filing a Mesothelioma lawsuit with Flint Law Firm may be the best way to maximize your financial recovery. Filing a suit does not necessarily mean there will be a jury trial. However, the largest wins are often from our trial victories for our clients.

What is a Mesothelioma Lawsuit and Why Should I File It?

A mesothelioma lawsuit is a public filing in a courthouse where you explain to the judge that you've been diagnosed with Mesothelioma or an Asbestos Lung Cancer. The case generally outlines how you were exposed to Asbestos and that it caused your Mesothelioma or Lung Cancer. It is not required that you or your family file a lawsuit to receive monetary compensation for Asbestos exposure.

Who is Eligible to File a Mesothelioma Lawsuit?

To file a mesothelioma lawsuit, you have to have a diagnosis of any Mesothelioma: pleural, peritoneal, pericardial, testicular, omental, or papillary. The diagnosis needs confirmation by tissue biopsy or a fluid biopsy (cytology) of any part of the body.

Causes of Action in a Asbestos Cancer Lawsuit

Your Mesothelioma or Asbestos Lung Cancer suit will include allegations of product liability, negligence, strict liability, and other claims against Asbestos manufacturers, suppliers, and distributors. When an asbestos victim has been diagnosed with Mesothelioma or Asbestos lung cancer, it will be handled as a personal injury case.

If someone passes from Mesothelioma or Asbestos lung cancer, then a family member can pursue it on their behalf, and the injury case transforms into a claim for wrongful death.

What Should You Do to Start a Mesothelioma Lawsuit

Begin by having an attorney to protect your legal rights while you and your family focus on your medical care.  You will want an attorney that's experienced with Mesothelioma and asbestos lung cancer trials. You do not want to have an attorney that is learning this on the job. Mesothelioma is a specialized area of knowledge that requires decades to master.

You will also want to look for a firm with a national presence and is willing to meet in your home anywhere in the United States. You should be able to manage this case from your living room. You and your family have enough stress from your diagnosis, and it's our job to make things as easy for you as possible.

After the first step of choosing an attorney to represent you, we need to get to know you and your family. We will come to talk with you about your life and your work history.

We're going to listen to you, your family members, and co-workers. If the person you're contacting us about is already deceased, we will rely on family members and former co-workers. They can fill us in on what you did in your life, what you've done in your work, and the types of exposures you may have to Asbestos.

Five Steps for Flint Law Firm to Win Your Case

1. Have an open conversation with your attorney

As your lawyer, Flint Law Firm owes you a fiduciary duty to give you the best information and advice possible. Not every case should be a lawsuit; not every claim needs to be handled in court.

Our Mesothelioma lawyers offer your family options based on decades of experience. We're going to listen to you, your family members, and co-workers. If the person you're contacting us about is already deceased, we will rely on family members and former co-workers.

2. Identifying general asbestos exposures and responsible defendants

Even though we are coming to the scene of the crime 20-60 years later, you will be surprised about how much of your asbestos exposure we can prove.

Flint Law Firm has proof of over six thousand asbestos-containing products from the past 60 years and has documents to prove the "when and where." The puzzle is already complete except for the piece that you provide. We connect your life to what we already know about Asbestos.

3. Filing the Lawsuit in the proper court and getting Service of Process

We act quickly but not in a hurry; all deadlines for the rest of the lawsuit trigger by filing. There is a legal strategy in where and how to begin the lawsuit. Some cases require multiple filings in multiple jurisdictions.

Then we obtain service of process to put the responsible defendants on notice.,   sending a copy of the lawsuit to the companies we believe we can prove exposed you to Asbestos. We file your case at the close of our initial investigation.

4. Case Workup

This part of working on the case is called the "4 D's."

  • Defendants - We make sure the proper bad actors are part of your lawsuit based on your work history.
  • Discovery - Both sides of the lawsuit get to ask each other for information.
  • Depositions - Witnesses give video testimony (so you don't have actually to appear in court). A co-worker or family member can do a video deposition if you wish.
  • Damages - Experts assign monetary  (damages) to your medical bills, pain-and-suffering, lost benefits or wages, etc.

5. Scheduling Order & Trial Date

The judge in charge of your case assigns a trial schedule. The jury trial is from four months to eighteen months out. The jury trial is your day in court.  

One of the critical factors in a negligent defendant's decision to settle is your lawyer's track record. If your lawyer has not won an asbestos trial and has not won recently, you will be offered less money. The defendants settle cases more quickly and for more significant amounts if your lawyer has won trials.

Do Mesothelioma Cases Have to Go to Trial?

Mesothelioma cases DO NOT have to go to trial. You are part of the decision about whether to go in front of a judge and jury. Even if your case makes it to the trial date, in most cases, a Mesothelioma or Asbestos lung cancer lawsuit will settle because the defendant knows that their business decisions killed thousands of American workers. They don't want the American public to know.

Defendants will often offer a settlement literally on the courthouse steps. They don't want to face a jury verdict's uncertainty, and their shareholders don't want to face uncertainty in the company's stock valuation.

Asbestos defendants settle because they know our firm can prove they exposed generations of American workers to a cancer-causing Mesothelioma.  Asbestos defendants' motivation was to save a few pennies per ton on materials instead of using a safe fiberglass option.

What is The Value of a Mesothelioma Case if We Go Trial?

If your mesothelioma case goes to trial, the value can be significantly more than average. Defendants often want to settle for the certainty of the outcome and to limit their liability.

We cannot anticipate what a jury will do with a case; however, juries that deliberate on a Mesothelioma case can get angry and react in your favor because asbestos companies continued to sell a known carcinogen for decades after knowing the danger.

Asbestos defendants put generations of Americans at risk of dying of cancer, resulting in verdicts and judgments of millions of dollars. Because these claims are as crucial to our mesothelioma clients, Flint Law Firm has a dedicated department to file, process, and collect the compensation from these trust funds for you.

Our firm has had cases where juries have awarded anywhere from a few million dollars to well over 50 million dollars.

Mesothelioma lawsuits that are decided by a trial can take longer. When Asbestos defendants lose at trial, they often choose to appeal the result, which can add even more time to the process.

Compensation For Family Members of a Mesothelioma Victim

Mesothelioma Compensation For Recently Diagnosed PatientsFamily Member Passed

Compensation For People Recently Diagnosed With Mesothelioma

Mesothelioma Compensation For Recently Diagnosed PatientsI Was Diagnosed

Mesothelioma Lawsuit FAQs

Are Mesothelioma and Asbestos lung cancer cases related to a class-action lawsuit?

No, Mesothelioma and Asbestos lung cancer cases are not related to a class-action lawsuit. Asbestos cancer is a unique injury. The way that our clients have to deal with their diagnosis of Mesothelioma cancer or asbestos lung cancer is also very unique. Mesothelioma claims could never be handled within the limits of a class-action lawsuit. We only file individual cases for our clients and their families.

Each case that we file is either a personal injury case or a wrongful death case. A class-action lawsuit only works to handle a large group of injured people precisely the same way--like a financial injury from a cell phone company overcharge.

Who is Eligible to File a Mesothelioma Wrongful Death Lawsuit?

The family members qualified to file a Mesothelioma wrongful death lawsuit are governed by state law. Please contact us. We can help you through the process. Usually, a wrongful-death asbestos/mesothelioma lawsuit is filed by the next of kin defined by the state. It typically includes spouses, children, and parents, but can be other heirs.  

If there is an estate, then the executor or executrix would be the proper party to file. Estates are rare, and wills may not be probated, so this may not apply to your family's situation

Over the years, we have helped families all over the country. If you are not sure who needs to file for your family or who needs to take over an existing claim, or even if a claim ever existed at all before death, please call, and we will be able to figure it out together.

How long does a typical Mesothelioma lawsuit take to resolve?

If we file a case while our client is living, the typical Mesothelioma case usually takes around a year to resolve. If the person has passed away from Mesothelioma or Asbestos Lung Cancer, and the family files a wrongful death lawsuit, it will take longer.

Factors that can change this estimated timeline would be the state we file in, the county we file in, and any major event that can affect courthouse operations. These timelines and estimates are always subject to change; however, the courts have over forty years of experience dealing with Mesothelioma claims and generally handle them more quickly than any other personal injury lawsuit.

During the coronavirus pandemic, many courthouses are closed or have limited access. We can still file your case and any relevant bankruptcy claims electronically. You DO NOT have to appear in court or travel anywhere to pursue your Mesothelioma claim.

What if I don't have money to pay for a lawyer to file my claim?

We will never ask you for money! Flint Law Firm operates under what's called a contingency fee agreement. We've never had a client pay us out of their pocket for anything--ever. Only if we win your case would we receive a fee.

We want our clients to focus on their treatment and their family. It is our job to do the heavy lifting and get compensation for them.

Our clients always receive more than the law firm does, or we will lower our fees to guarantee that outcome. The client is not having to risk any of their resources.

Where is it that you would file a mesothelioma lawsuit?

We file your Mesothelioma or Asbestos lung cancer lawsuit where it is the best for you, our client. After we meet with you, learn your life story, and investigate your exposure history, where will be a courthouse that makes the most sense to file your case.  

Our firm considers many factors to find the best place to help you. It may be a county that is close to where you live or work. In other situations, it may be a courthouse that is in the state where one of the defendant companies are located or incorporated.

One of the essential factors the speed at which we can help you and your family. If a particular court is more familiar with Mesothelioma cases and can handle them more quickly, we will file in that venue. However, regardless of where we file, you will not have to travel. You may be asked to speak with us in your home and communicate by phone or Zoom.

Do I have to pay taxes when I win my Mesothelioma or Asbestos Lung Cancer Lawsuit?

No, your award is the court's attempt to make you whole for the injuries you received from negligent Asbestos corporations. Because a jury award compensates you for cancer diagnosis, it is not considered income for the IRS. However, if you were to be awarded special damages (called punitive damages), that may be taxable. Punitive damages are rare, and we will be able to provide you with legal advice if that occurs.

Adrianne Andrus

Reviewed by:  Adrienne Andrus
Chief Editor of Flint law Firm LLC
Client Advocate & Product Liability Paralegal since 2015.
Bachelor of Arts Degree in Communication, SIU Edwardsville

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