Mesothelioma and Asbestos Lawsuit | 2025 Latest Updates

Asbestos and Mesothelioma Lawsuit Overview

Asbestos lawsuits target manufacturers who failed to warn employees and consumers about the dangers of inhaling this toxic mineral. Currently, approximately 3,000 new mesothelioma cases are diagnosed annually. The development of asbestos cancer can occur 20 or sometimes even 40 years after the initial exposure to the dangerous asbestos fibers, making proper documentation essential for legal claims.

Latest Asbestos and Mesothelioma Lawsuit Updates

• May 2023 – According to a study by Minesh Khatri, MD, from WebMD, asbestos deposits have been mined extensively in Canada, South Africa, Australia, Russia, and the United States, with asbestos fibers causing disease when inhaled into the lungs [1].
• 2021 – A study by the National Cancer Institute specified that once inhaled, asbestos fibers can cause many respiratory problems, including the development of mesothelioma. Asbestos fibers are too strong for the human body to break down [2].
• April 2018 – A New Jersey state jury ruled against J&J and one of its talc suppliers, Imery Talc America, Inc., awarding a mesothelioma victim $37 million in compensatory damages after determining that his use of talcum powder caused the cancer.

Asbestos Reports and Statistics

Asbestos, once widely used across numerous industries, has affected thousands of workers:

• Asbestos has been used in over 3,000 different products.
• Depending on the product, the amount of asbestos in asbestos-containing materials varied from 1%-100% by weight.
• The United States still imported 6,000 metric tons of asbestos in 2003, mostly from Canada.
• Asbestos (predominantly chrysotile) is still widely mined outside the USA, especially in Russia (39%), Canada (18%), China (14%), Brazil (9%), Kazakhstan (7%), and Zimbabwe (6%).
• Approximately 3,000 new mesothelioma cases are diagnosed annually in the United States [3].

What are the Diseases Associated With Exposure to Asbestos?

Several different kinds of diseases are eligible for mesothelioma settlements. They can be categorized in the following ways:

• Cancerous: Some diseases are malignant (or cancerous), such as mesothelioma and lung cancer.
• Non-Cancerous: Others are benign (non-malignant or non-cancerous), such as asbestosis, pleural plaques, diffuse pleural fibrosis, and benign pleural effusions.

Asbestos Injuries & Side Effects

Exposure to asbestos can lead to several serious health conditions, with symptoms often appearing decades after initial exposure.

• Mesothelioma: A rare and aggressive cancer affecting the lining of the lungs, abdomen, or heart.
• Lung Cancer: Cancerous tumors that can develop in lung tissue, especially in those with a history of smoking.
• Asbestosis: A chronic lung disease characterized by scarring of lung tissue, causing shortness of breath and permanent lung damage.
• Pleural Plaques: Thickened areas of the pleura (lung lining) that can restrict breathing.
• Pleural Effusions: Buildup of fluid between tissue layers lining the lungs and chest cavity.
• Diffuse Pleural Fibrosis: Extensive scarring that thickens the pleura of the lungs.

Establishing a direct link between asbestos exposure and a mesothelioma diagnosis is a meticulous process, demanding thorough investigation and evidence gathering. Specialized law firms delve deep into their proprietary databases, identifying potential asbestos-containing products and contaminated job sites that the victim might have encountered.

Asbestos exposure is the biggest risk factor for a mesothelioma diagnosis. Occupational asbestos exposure ranks as the No. 1 risk factor for mesothelioma and other asbestos-related diseases, including asbestosis and pleural plaques. – Karen Selby, RN.

This rigorous process often involves sifting through decades of employment records, product catalogs, and even old photographs. The goal is to construct a watertight case that leaves no room for doubt about the source of exposure.

Do You Qualify for an Asbestos Lawsuit?

You may qualify for an asbestos lawsuit if:

• You used/received asbestos-containing products between 1950-2000.
• You experienced serious side effects including mesothelioma, lung cancer, asbestosis, or other asbestos-related diseases.
• The injuries required medical treatment or hospitalization.
• You can provide medical documentation linking your injuries to asbestos exposure.
• The statute of limitations for filing a claim has not expired in your state (typically 2-4 years from diagnosis).

Evidence Required for an Asbestos Lawsuit

To build a strong asbestos case, you’ll need to provide:

• Medical records confirming your diagnosis
• Employment history documenting when and where you were exposed to asbestos
• Testimony from coworkers who can confirm asbestos presence
• Documentation of products containing asbestos at your workplace
• Expert testimony connecting your illness to asbestos exposure

Damages You Can Recover

Compensation from asbestos lawsuits can cover:

• Medical expenses (past and future treatments)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium
• Funeral expenses (in wrongful death cases)
• Punitive damages (in cases of extreme negligence)

How Can I Protect Myself from Asbestos-Related Diseases?

If you or a loved one work in an area where you are affected by asbestos particles, you should use all protective gear and equipment provided by your employers and follow recommended workplace practices and safety procedures.

The U.S. Occupational Safety and Health Administration (OSHA) established regulations dealing with asbestos exposure on the job, specifically in construction work, shipyards, and general industry that employers are required to follow at all times.

The agency is a component of the U.S. Department of Labor (DOL) and is the Federal agency responsible for health and safety regulations in maritime, construction, manufacturing, and service workplaces.

Asbestos Restriction Information

While asbestos itself has not been fully banned in the United States, many products containing asbestos have been phased out or restricted:

• The Environmental Protection Agency (EPA) banned certain asbestos-containing products in 1989.
• The last domestic asbestos mine in the United States closed in 2002.
• OSHA established strict regulations for workplace asbestos exposure.
• Products like asbestos-containing spray-applied surfacing materials, pipe insulation, and hot water boiler insulation are banned.

See More Related Asbestos / Mesothelioma Lawsuit Cases:

• McKesson Baby Powder Lawsuit
• Old Spice Talcum Powder Suit
• King’s Men Talcum Powder Lawsuit

Statute of Limitations for Asbestos Lawsuits

The deadline to file an asbestos lawsuit varies by state and case type:

• Personal injury claims: In most states, the statute of limitations is 2-4 years from the date of diagnosis
• Wrongful death claims: Typically 1-3 years from the date of death

It’s crucial to consult with an experienced asbestos attorney as soon as possible after diagnosis to ensure your claim is filed within the appropriate timeframe.

See all related product liability lawsuits our attorneys covered so far.

FAQs

1. What types of mesothelioma lawsuits can be filed?

There are two main types of mesothelioma lawsuits: personal injury claims filed by people diagnosed with an asbestos-related disease, and wrongful death lawsuits filed by family members of someone who died from an asbestos-related disease.

2. How long does an asbestos lawsuit take?

The duration varies significantly. Some cases settle within a few months, while others might take several years, especially if they go to trial. Many cases are resolved through settlements before reaching trial.

3. What is the average settlement for asbestos exposure cases?

Settlement amounts vary widely depending on factors like diagnosis severity, exposure history, and defendant liability. Mesothelioma cases typically result in higher settlements than other asbestos-related diseases.

4. Can I file a lawsuit if my asbestos exposure occurred decades ago?

Yes. Because asbestos-related diseases have a long latency period (20-50 years), the law recognizes this delay and typically starts the statute of limitations from the date of diagnosis rather than the date of exposure.

5. Which professions have the highest risk of asbestos exposure?

High-risk occupations include shipyard workers, construction workers, industrial workers, power plant workers, railroad workers, pipefitters, plumbers, electricians, and military personnel, especially Navy veterans.

6. Can family members develop mesothelioma from secondhand exposure?

Yes. Family members of workers who handled asbestos can develop mesothelioma through secondhand exposure from asbestos fibers brought home on work clothes, hair, and skin.

7. Will I need to go to court for my asbestos lawsuit?

Most asbestos cases settle out of court. However, if a settlement cannot be reached, your case may go to trial. Even then, due to health considerations, many mesothelioma patients can provide testimony from home or through video.

8. How do I know which companies are responsible for my asbestos exposure?

An experienced asbestos attorney will help investigate your work history and use their resources, including proprietary asbestos product databases, to identify the liable parties.

9. Are there asbestos trust funds available for compensation?

Yes. Many bankrupt asbestos companies have established trust funds to compensate victims. Your attorney can help determine if you qualify for claims from these trusts.

10. Can I still file a lawsuit if the company responsible for my exposure is bankrupt?

Yes, you may still be eligible for compensation through asbestos trust funds established during bankruptcy proceedings or by filing claims against other responsible parties.

Get a Free Asbestos and Mesothelioma Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for asbestos-related diseases. Most states allow only 2-4 years from the date of diagnosis to file a personal injury lawsuit, and 1-3 years from the date of death to file a wrongful death claim.

The Asbestos Litigation group of Schmidt & Clark, LLP offers:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees – we only get paid if we secure compensation for you
• Nationwide representation with a focus on asbestos litigation
• A proven track record of successful verdicts and settlements

References

1. https://www.webmd.com/lung-cancer/asbestos-mesothelioma

2. https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/asbestos/asbestos-fact-sheet

3. https://www.mesotheliomahope.com/asbestos/statistics/