Compensation for Mesothelioma Victims

Acquiring compensation for asbestos exposure and the diseases that result from it – such as mesothelioma – can be a straightforward process with the assistance of a legal team that is experienced in handling mesothelioma claims. Identifying an experienced law firm with expertise in asbestos litigation to help you manage your mesothelioma lawsuit is the best strategy for pursuing your legal claims and assuring that you receive the maximum amount of compensation based upon your individual claims.

This page provides detailed information about the types of mesothelioma compensation you may be eligible for should you decide to file a mesothelioma claim, along with information about what to expect when going through the legal process.

Types of Asbestos Compensation

In general, there are four types of compensation available for mesothelioma claims.

Settlements

One way to receive compensation for asbestos-related diseases is through a legal settlement. To receive a settlement, it is first necessary to file a claim against one or more companies for either personal injury or wrongful death. Often times, companies will prefer to settle such claims rather than to risk a full trial, which could result in them having to pay even more money. Even if a case does go to trial, a claim may still be settled before the final verdict is issued.

The majority of mesothelioma lawsuits result in settlements. Having a team of knowledgeable lawyers who have demonstrated an ability to successfully navigate the settlement process is the most certain way to receive the maximum compensation for mesothelioma victims and their families.

Asbestos Bankruptcy Trust Funds

Exposure to asbestos has a long history, and over time a number of companies that manufactured, distributed, sold, or used asbestos products and materials have either gone out of business, merged with other corporations, or been restructured due to bankruptcy. In some cases, the downfall of these companies was due directly to the liability they incurred because of their use of asbestos.

Even though such companies no longer exist, it may still be possible to receive compensation from them. In many instances, the companies were required to establish asbestos bankruptcy trust funds (“asbestos trusts”) and fund them with enough money to pay mesothelioma claims brought against them. These mesothelioma trust funds typically have a set of established criteria, and mesothelioma victims who meet those criteria can expect to receive compensation from the fund.

Jury Awards

From time to time, a mesothelioma claim may make it all the way to a jury trial. If no settlement is reached, and if the defendant is found liable for the asbestos exposure that led to the development of mesothelioma, a jury will determine the amount of compensation to be paid to the injured party. The amount awarded often includes actual expenses incurred as well as punitive damages.

Waiting for a verdict can sometimes be risky, which is why many companies want to settle. However, it may also be in the best interest of the plaintiff to settle as well, since juries could also return a verdict that either finds the company not to be liable or which awards a smaller amount of compensation than they might have received as a settlement. Having a skilled attorney who can advise you about the strength of your case and the likelihood of a favorable verdict and award is critical to ensuring that, as a mesothelioma victim, you receive the greatest remuneration possible.

Compensation for Veterans

Retired military personnel – especially those who served in the Navy, Coast Guard, Merchant Marine, and U.S. Army Transport Service – comprise one of the largest populations of people who were exposed to asbestos, due to the use of this material in warships and other naval vessels. As a result, the U.S. Department of Veterans Affairs (VA) has designated mesothelioma as one of several diseases that qualify for disability benefits.

The available benefits for veterans exposed to asbestos is dependent upon certain criteria—a veteran must have been discharged under circumstances other than dishonorable conditions and show that the asbestos exposure leading to mesothelioma occurred during the time of his/her service. Veterans may also be eligible to receive no-cost health benefits through the VA for service-related disabilities, including mesothelioma.

Am I Eligible for Compensation?

Determining whether you are eligible for compensation depends on the type of compensation you are seeking.

Settlement and Verdict Award Eligibility

While there is no specific set of criteria for seeking compensation through a mesothelioma settlement or jury award, there are a number of factors that will help you build a solid legal case:

• A confirmed mesothelioma diagnosis from a reputable doctor
• Complete and accurate records of all your medical costs related to diagnosis and treatment
• Occupational records that show you worked at a known job site containing asbestos
• The names and specific products or materials that you handled while employed there
• Similar details about other exposures that may have occurred at home, school, or elsewhere

Essentially, the more detailed information you have about your exposure to asbestos and the resulting disease, the better you can build a case for receiving compensation. Consulting with mesothelioma lawyers who understand the appropriate legal precedents and evidence requirements is the first step to determining your eligibility for mesothelioma compensation from a settlement or verdict.

Compensation Eligibility for Asbestos Trusts

Typically, to be eligible for compensation from an asbestos bankruptcy trust fund, you will need to meet that fund’s specific eligibility requirements. These requirements are established in advance by the fund’s board of trustees, and they typically include a specific list of sites where asbestos exposure occurred. An experienced mesothelioma lawyer can evaluate eligibility for each asbestos trust fund and maximize compensation for mesothelioma victims from those funds.

As of 2016, there are currently about 60 asbestos trusts operating in the United States, each having their own eligibility requirements. Given the large number of trusts and the wide variation in their rules, the best way to seek compensation from an asbestos trust is to consult with a lawyer who has handled asbestos trust related compensation claims in the past and can explain the eligibility requirements to you.

Veteran Compensation Eligibility

According to the VA, veterans must meet three eligibility requirements to receive compensation for mesothelioma:

• Discharge under other than dishonorable conditions (i.e., honorable discharge, discharge under honorable conditions, and general discharge)
• Exposure to asbestos must have occurred during your military service
• The disease or disability must be related to the asbestos exposure that occurred while serving in the military

To prove eligibility, the VA requires evidence indicating that the exposure to asbestos happened during your time of military service, and that the exposure led to a disease or disability. As part of the evidence-gathering process, the VA will require a medical examination.

Note that simply being exposed without being diagnosed with mesothelioma or another asbestos-related disease is not enough to qualify for VA disability benefits.

How Much Compensation Can I Get?

There is no set amount of compensation for mesothelioma claims. Each case needs to be assessed individually, and the amount of money you receive will depend on a wide variety of factors, including but not limited to:

• Where you have lived, worked, or served in the military
• Your age now, when you were exposed to asbestos, and when you received a mesothelioma diagnosis
• What products or materials containing asbestos you were exposed to
• How much physical or mental anguish (pain and suffering) you experienced as a result of your disease

In addition, your compensation amount will include consideration of how much money you have spent, as well as wages lost, due to your disease, including:

• Lost income from being out of work
• Your inability to support dependents
• Medical bills for diagnosis and treatment
• Travel expenses to and from treatment centers
• Funeral costs

Jury awards potentially could also include punitive damages to penalize the company liable for the asbestos exposure.

Get a Free Mesothelioma Compensation Consultation

The first step to gaining an understanding of your mesothelioma compensation opportunities is to request a free consultation from a top mesothelioma law firm. You can also call us toll-free at 1-844-401-4277 to learn more about the opportunities for financial assistance available to you.

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Mesothelioma Lawsuit

If you or a family member is diagnosed with mesothelioma or another deadly, asbestos-related disease, it is well worth your time to reach out to a qualified mesothelioma attorney with the experience and expertise to help you receive the maximum compensation due to you. Since every case is unique, the amount that you could receive through a settlementor a verdict at trial depends on many factors.

This page provides information about the lawsuit process as well as some additional details to help you make an informed decision when seeking out a lawyer who specializes in mesothelioma lawsuits.

5 Facts About Asbestos Lawsuits

• Personal injury lawsuits related to asbestos are the longest-running “mass tort” litigation in American history.
• The majority of mesothelioma legal cases are settled out of court without ever going to trial.
• The number of mesothelioma and other asbestos-related claims has continued to increase rapidly in recent years.
• Non-traditional companies and products that contain asbestos, such as cosmetic talc, are increasingly at the center of new lawsuits.
• Mesothelioma trust funds contain more than $30 billion in assets to cover payouts of settlements and verdicts from mesothelioma disputes.

Types of Mesothelioma Lawsuits

There are two primary types of actions that can be filed with respect to mesothelioma: personal injury and wrongful death. Which type of complaint gets filed depends on whether the mesothelioma victim is still alive and who is filing the lawsuit.

Personal Injury

Upon receiving a mesothelioma diagnosis (or a diagnosis of some other asbestos-related disease), you can file a personal injury lawsuit. Given the length of time that diseases like mesothelioma can take to manifest (usually several decades or more), it can be hard to figure out exactly where the asbestos exposure that led to the disease occurred. Therefore, it’s important to contact a mesothelioma lawyer right away after your diagnosis to get the process started so that you don’t lose your legal rights to compensation due to expired statutes of limitations.

Wrongful Death

If, unfortunately, a victim passes away before being able to file a complaint, family members may be able to file a lawsuit on his/her behalf for wrongful death. As with personal injury, wrongful death claims also have a statute of limitations – although in some states, wrongful death statutes are much shorter than personal injury statutes.

If a loved one has died of mesothelioma, you should be sure to contact a knowledgeable attorney as soon as possible so that you can discuss your rights and initiate the legal process of filing a claim. It can sometimes take longer to research medical and occupational histories of deceased mesothelioma victims, since family members may not always be aware of where their loved ones lived or worked in decades past.

When to File

The length of time that you have to file a mesothelioma lawsuit – known as the statute of limitations – varies from state to state, and it depends on which type of complaint (personal injury or wrongful death) is being filed. If you don’t start your lawsuit within the appropriate timeframe, you could lose all rights to any compensation you might otherwise receive.

Generally, the clock starts ticking from the date of diagnosis (for personal injury) or the date of death (for wrongful death). For a state-by-state list of lawsuit filing limits, see our Mesothelioma Statute of Limitations table.

Lawsuit Process

While every mesothelioma lawsuit is different, there is a succession of steps that every case will need to follow.

Step 1: Free Consultation

Before filing a lawsuit for your mesothelioma diagnosis, we will meet with you for a free consultation to talk about the various parts of the process. This will give you an opportunity to ask any questions you might have or go over any concerns about the legal process.

This free consultation gives us an opportunity to understand more about the way that you or your loved one might have been exposed to asbestos. We’ll also discuss your medical history, including your diagnosis, with respect to mesothelioma and other asbestos-related diseases.

Step 2: Research Work & Medical History

Once the initial consult is completed and you choose to pursue a lawsuit, our experienced mesothelioma lawyers will start collecting data to help build your case, including:

• Medical reports from facilities where you (or your loved one) were treated for mesothelioma
• Employment history, military service records, union membership, and other documents that support your employment history
• Statements from witnesses such as co-workers, family members, friends, and product-identification specialists

All of this information will help us build your case to make it as strong as possible.

Step 3: Asbestos Trust Recovery

Once we have collected all the necessary information, we will investigate the possibility of receiving compensation through an asbestos trust fund. These trust funds are created by companies who have previously admitted liability for asbestos-related damages, and if your situation matches one or more trusts’ exposure criteria, it’s possible you will be able to receive remuneration quickly.

Our attorneys are very familiar with asbestos trust requirements, and we have successfully submitted many claims on behalf of our clients who qualify.

Step 4: Other Recovery Options

Not every company that makes or has made products containing asbestos has a trust. Therefore, after evaluating the potential for compensation through asbestos trust funds, we will also assess whether your case may merit an action against any companies who have not yet fully admitted their asbestos liability. Over the course of one to two months, our attorneys will look at the various options available and provide guidance about the best course of action based on your individual case.

Step 5: Choosing the Complaint Venue

Before filing a complaint, it’s extremely important to choose the most appropriate venue. Which venue is best for your lawsuit can be affected by a number of different factors, such as:

• Calendars and scheduling concerns
• The process timeframe
• Settlement and verdict history
• Local and state laws

Mesothelioma lawsuits may be filed in any forum where a client has lived, worked, or served in the military. There are also a number of “open forum” states that may allow filing, if no other suitable venue is readily available.

Step 6: Filing the Lawsuit

Once the venue is determined, we will file a formal complaint on your behalf. The complaint will detail a number of legal causes of action against the asbestos company (or companies) that are likely culpable in causing or contributing to the mesothelioma diagnosis at the heart of the suit. The number of defendants (companies) named in the initial complaint will depend on both the type of mesothelioma that the victim was diagnosed with and the amount of exposure that person experienced.

Step 7: Discovery Phase

Upon filing the lawsuit, the legal process will move to the discovery phase, where lawyers on both sides will present information in an effort to either support the complaint (plaintiff) or undercut it (defendant). During this period, both sides will file various motions, usually with the intent of trying to reach some kind of financial settlement before the case goes to a full trial.

In most cases, the lawsuit will never reach the next stage of the legal process. Instead, most complaints will be settled before getting to trial. On the rare occasion that a mesothelioma lawsuit does go to trial – which will only happen with your consent – our attorneys have the experience, knowledge, and competence to see it all the way through.

What to Expect During a Lawsuit

Filing a lawsuit can be emotionally taxing, especially if any part of the process goes on longer than anticipated. The best way to avoid or deal with unexpected complications is to have a team of dedicated attorneys who specialize in asbestos litigation. Additionally, simply familiarizing oneself with the steps involved in a lawsuit may help a mesothelioma victim and/or family member to prepare mentally for any challenging situations that may arise throughout the course of the process of filing a lawsuit.

Lawsuit Duration

“How long will my lawsuit take?” is a common question asked by many mesothelioma victims and their families, especially given the dire prognosis of the disease. Unfortunately, it’s a question that cannot be answered up front, as the length of the legal procedures tied to the lawsuit can depend heavily on several different elements, including:

• How many plaintiffs are filing
• How many defendants are named in the complaint
• Whether the case is consolidated with other similar cases
• The number and type of pretrial motions that are filed
• Complexity of the facts that need to be determined
• Scheduling and availability of all the parties involved
• The current docket load in the chosen venue

A study of consolidated cases in New York City Asbestos Litigation (NYCAL) showed that asbestos trials can range anywhere from 11–113 days, with an average of 11–38 days per plaintiff — and that doesn’t include the weeks or months of consultation, research, and discovery that happens before the trial. Lawsuits that are settled without going to trial may be shorter, but the duration can still vary greatly based on the factors above.

Behavioral and Medical Counterclaims

At trial (or even before), the defendant may try to blame your medical diagnosis on things that let them eschew any responsibility. For example, companies may try to assert that your mesothelioma or asbestos disease was related to other factors, such as:

• Unhealthy behaviors such as drinking, smoking, or using illegal substances
• Exposure to asbestos somewhere other than identified, such as at home or a different workplace (for occupational asbestos exposure)
• Genetic problems or a family history of predisposition for mesothelioma or other forms of cancer
• The accuracy of your medical diagnosis or the qualifications of the medical professional who diagnosed you

Having all of these aspects of your life questioned again and again may cause anxiety. However, the good news is that you don’t have to respond to these assertions yourself. An attorney who has experience handling mesothelioma litigation will be able to skillfully address these counterclaims.

Procedural Motions

When faced with the prospect of being held liable for damages related to asbestos, many defendants may also attack the manner in which your complaint was filed. This includes, but is not limited to:

• That the time limit afforded by the statute of limitations has expired
• Other technical problems with the petition, even if it is filed within the right timeframe
• Problems with the venue chosen or reasons why a different venue is more suitable
• Your authorization to file on behalf of someone who has died from mesothelioma

When handled by an established law firm that has diligently researched your case, these types of counterclaims are rarely successful.

Choosing an Effective Lawyer

When it comes to helping you get the compensation you deserve for your mesothelioma claim, no decision is more important than choosing the best mesothelioma lawyer. Here are the most essential qualities to look for in an asbestos attorney:

• History of past settlements and success at trial
• Broad knowledge of asbestos, mesothelioma, and related topics
• In-depth understanding of the laws, rules, and regulations governing asbestos litigation
• Hard-working personality with a dedication to resolving your case in a beneficial manner to you
• Compassion for the situation you and your loved ones have experienced
• Willingness to let you make the final decision without pressuring you into any course of action

The Cost for the Best Mesothelioma Lawyer

It might seem like having the best lawyer to try your asbestos lawsuit would be expensive. In reality, you and your family will pay absolutely nothing unless your lawyer succeeds on your behalf and you receive compensation as part of a settlement or jury award.

The law firm you choose should have no desire to be an additional financial burden for you or any of its clients. The only goal of the best mesothelioma lawyer you decide to hire should be to help you receive remuneration for the drastic toll asbestos and mesothelioma have taken on you and your family.

Contact Experienced Mesothelioma Attorneys

As outlined above, the first step to filing your mesothelioma lawsuit is to request a free consultation. You can also learn more about the financial assistance that is available to you by calling us toll-free at 1-844-401-4277.

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Mesothelioma Claims

Filing a mesothelioma claim is the first step toward receiving remuneration for anyone who has been diagnosed with this deadly asbestos-related disease. If you or a loved one has received such a diagnosis, you could be entitled to receive compensation that covers expenses and lost income due to mesothelioma. This page provides details about the types of claims that can be filed, including legal actions, veterans’ benefits, and workers’ compensation claims.

Filing Asbestos-Related Claims

Asbestos is a dangerous substance that has been linked to a number of often deadly diseases including, but not limited to, mesothelioma and asbestosis. As a result, mesothelioma claims generally rely on several key pieces of information:

• How you were exposed to asbestos
• How long the exposure occurred
• How the exposure has affected your health, quality of life, and ability to work

Given the length of time that it takes for mesothelioma to develop, establishing all of the pertinent facts surrounding your exposure can be challenging. Perhaps you worked in multiple places where you handled or were exposed to asbestos. You may have been exposed to it second hand, such as through dust on a family member’s clothing or via asbestos-filled products and materials in your home.

Even if you don’t know exactly how you were exposed to asbestos, when diagnosed with mesothelioma, it’s important to consult with experienced mesothelioma lawyers about your possibility of filing a claim. Knowledgeable attorneys will ask questions about your work history, previous residences, and other details that can help you identify potential claims.

Claim Deadlines

How long you have to file a mesothelioma claim can vary depending on where you live and the type of claim you are filing.

Each state has its own laws, called statutes of limitations, that determine the time period within which a claim must be filed. Depending on the state, you may have as little as one year or as long as six years during which your asbestos claim can be filed.

The claim filing timeframe can also depend on which type of claim you are making (see below for a description of the different claim types). In some states, you have less time to file a wrongful death claim (filed by family members after a mesothelioma victim dies) than to file a personal injury claim (filed by a mesothelioma victim after diagnosis).

Types of Mesothelioma Claims

There are two types of claims that mesothelioma victims or their families can file. Which type of claim is filed depends on whether the person diagnosed with mesothelioma is still alive, or whether they have passed away.

Personal Injury Claims

A personal injury claim can be filed by someone who has recently been diagnosed with mesothelioma. With personal injury claims, the person directly affected by the disease is claiming that he/she should be compensated for things such as:

• Medical expenses incurred during diagnosis and treatment, including future treatment
• Lost wages or other income, including expected future income
• Pain and suffering experienced because of an asbestos-related disease

Individuals diagnosed with mesothelioma can usually file personal injury claims in any state where he/she resided, worked, or served in the military.

Wrongful Death Claims

A wrongful death claim is filed by the mesothelioma victim’s family after their loved one has passed away. In this case, the family members sue to receive compensation related to the loss of their beloved. This can include:

• Loss of expected income due to the untimely death
• Medical costs incurred during treatment administered before the deceased’s passing
• Funeral expenses

The specific claims available to family members may vary from state to state. Discuss your claim options with a qualified attorney.

How Claims Are Paid

If a claim is settled or successfully argued at trial, the amount of the settlement or jury award will be paid by the defendant. Money for mesothelioma claims may also come as part of a benefit or workers’ compensation.

Asbestos Bankruptcy Trust Funds

Some companies have already admitted liability for the negligent use of asbestos in consumer products, building materials, and other objects. These companies have established asbestos trust funds, which are managed by trustees, to compensate people for asbestos-related claims.

Currently, there are approximately 60 asbestos trusts in the United States. There is no limit on how many trusts an individual can make a claim against, provided they meet the exposure criteria for a given trust.

Claims Against Corporations

Other companies that have not established trusts may nonetheless be held liable, and it may be possible to submit a successful claim against them. A skillful attorney can help you determine which companies can be held responsible for asbestos exposure that leads to a mesothelioma diagnosis.

When companies do not have established trusts or exposure criteria, it may be a more complex process to get them to pay. However, most companies are ultimately willing to settle rather than go to trial if you have a valid and verifiable claim.

Veterans’ Benefits

Naval shipyards were sites of some of the worst occupational cases of asbestos exposure, and as a result, many veterans of the U.S. Armed Services have developed mesothelioma or other asbestos-related diseases. Individuals who were exposed to asbestos during their military career are likely to qualify for benefits through the Department of Veterans Affairs (VA), as long as they were not discharged under dishonorable conditions.

Filing a claim for medical benefits through the VA is a different process than filing a legal claim against an asbestos trust or a company. Through the VA, veterans may receive disability payments if the majority of their exposure occurred during active duty, with special payments going to veterans who are housebound or bedridden due to their illness. Veterans who qualify can also receive treatment at VA hospitals.

Spouses of veterans who die due to service-related disabilities, such as mesothelioma, may also receive a monthly benefit known as Dependency and Indemnity Compensation.

Workers’ Compensation

The Workers’ Compensation Act allows individuals to recover money for general exposure to asbestos during employment experiences – in some cases, even after the person has since retired from his/her job. This is good news, given that mesothelioma can take decades to develop after the initial exposure.

As with filing claims against trusts or companies, the statute of limitations for workers’ compensation claims varies from state to state and depends on whether the claim is filed by the person diagnosed with mesothelioma or, if that person has passed away, by their family.

Learn More About Filing a Mesothelioma Claim

If you or a loved one has been diagnosed with mesothelioma, you should talk to an attorney who can carefully explain your claim options and provide guidance as to which avenues can provide the greatest source of compensation for you and your family. To learn more, sign up for a free consultation or call us toll-free at 1-844-401-4277 to schedule your appointment today.

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Mesothelioma Law Firm

Early, Lucarelli, Sweeney & Meisenkothen has represented mesothelioma victims and their families honestly and effectively for over 30 years.

For over three decades, the mesothelioma law firm of Early, Lucarelli, Sweeney & Meisenkothen has limited its practice to asbestos litigation. In that time, ELSM has helped thousands of mesothelioma victims get the financial compensation they deserved for injuries they sustained from asbestos products made and sold by negligent asbestos companies.

In this section, you can learn more about our firm, our experienced legal team, and the outstanding results that we have achieved for our clients. We are confident that after you learn more about us, the clients we serve, and our past track record, you will see how we can put our decades of experience winning mesothelioma settlements to work for you and your family.

Initial consultations at Early, Lucarelli, Sweeney & Meisenkothen are always free of charge and are designed to help us evaluate your case and measure your chance for a viable, successful lawsuit. We answer any questions you may have about the process thoroughly at this time. In addition, because Early, Lucarelli, Sweeney & Meisenkothen operates on a contingency fee basis, the client pays nothing unless we succeed in your behalf and money is recovered.

Meet the Partners at Early, Lucarelli, Sweeney & Meisenkothen

The Partners at ELSM will do everything in their power to make sure you and your family get the justice and financial award that you deserve.

James Early

Jennifer Lucarelli

Robert Sweeney

Chris Meisenkothen

Ethan Early

Brian Early

Beyond the partners, the remaining mesothelioma lawyers at ELSM are experienced, dedicated, hard-working, and committed to their clients. They take time to get to know you and your families as individuals and they truly care about the people they serve.

Meet the Attorneys at ELSM

Meet the experienced team of attorneys at ELSM who will work tirelessly on your behalf to earn you the highest settlement award possible.

Donni Young

Mark Bibro

Brian Kenney

Lindalea Ludwick

Laura Vitale

Matthew Park

Derell Wilson

Ron Meneo

Jeffrey Kanca

Catherine Ferrante

More About ELSM

ELSM has consistently been at the top of the list in terms of per case settlement dollars obtained for its asbestos clients. We have dedicated extensive resources to gathering information and evidence against the asbestos industry. We will explain the multiple paths to follow to maximize your recovery against asbestos manufacturers and suppliers. We will discuss with you the options of lawsuits, out of court settlements, and claims in the bankruptcy courts. We will seek to determine and advise you as to the best course of action in your case. In many cases, we can obtain settlement offers from certain asbestos manufacturers within a few months of retention.

We urge you to consider our extensive database of medical information, mesothelioma treatment options, and product identification that dates back to the 1930s when choosing your legal representation. Our website contains the most up-to-date information from the best sources; it is a source of pride, and we hope that it shows. Maintaining the site and adding new material is a daily process because our clients indicate they want it that way. In fact, Early, Lucarelli, Sweeney & Meisenkothen is often approached by doctors and world medical conferences, asking if they can place information on our website. Of course, we answer yes. Moreover, we are a nationally recognized law firm, which runs at the forefront of asbestos litigation, as we are intimately involved with current legal and political events regarding asbestos. We urge you to contact Early, Lucarelli, Sweeney & Meisenkothen first.

Nationwide Experience

We represent clients in every state across the Nation. See where we’ve worked in your state.

Recent Settlements

See some of the recent settlements that we’ve negotiated on behalf of our clients.

12 Reasons to Hire ELSM

Learn why we are a top mesothelioma law firm and what we’ll do to get top results for you.

Client Testimonials

We are honored to work with each and every one of our clients and are always happy to hear when we’ve exceeded their expectations.

Client Profiles

We represent a wide range of clients who have been diagnosed with mesothelioma.

Common Questions

In this section we provide comprehensive answers to your most frequently asked questions.

We Are a National Mesothelioma and Asbestos Law Firm

With experience you can trust, Early, Lucarelli, Sweeney & Meisenkothen is a nationwide firm dedicated exclusively to representing victims in mesothelioma lawsuits. Having over two decades of asbestos law experience, we represent in excess of one thousand eight hundred victims of asbestos disease in their cases against the asbestos industry. We are currently licensed to practice in:California, Connecticut, Illinois, Massachusetts, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Washington, D.C. and have developed close working relationships with reputable mesothelioma attorneys throughout the United States. Click on a state below to get information about filing a mesothelioma lawsuit in your state.

We Represent Clients Across the United States

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois

• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana

• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island

• South Carolina
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• Tennessee
• Texas
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• Vermont
• Virginia
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• West Virginia
• Wisconsin
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We’ve Earned National Recognition

Early, Lucarelli, Sweeney & Meisenkothen is nationally recognized for our representation of product liability and mesothelioma victims, and for our understanding of and compassion for injured parties and their families. Our experience in these matters spans two decades and our lawyers have been recognized as some of the best in the country. We have been awarded Martindale-Hubbell's highest AV rating, we are a National, Tier 1 ranked law firm with U.S. News & World Report Best Law Firms, and we have been selected for inclusion in the Best Lawyers and Super Lawyers rating publications.

Martindale-Hubbell's Highest AV Rating

ELSM has been awarded Martindale-Hubbell’s highest AV rating for excellence in ethical standards and legal expertise. This highly regarded system utilizes both client and peer review feedback to rate lawyers in the areas of experience, expertise, knowledge, judgment, communication, and ethics.

The goal of the rating system is to help those seeking legal counsel to make informed decisions with a higher level of confidence. When you choose a law firm with a Martindale-Hubbell AV rating, like Early, Lucarelli Sweeney & Meisenkothen, you can be assured that you have chosen to work with attorneys that are well-regarded by their peers, have an exceptional track record, and that work with a high degree of integrity. In short, you have chosen the best.

The following letter from Martindale-Hubbell confirms that Early, Lucarelli, Sweeney & Meisenkothen has earned an AV rating, the highest rating awarded only to those who exhibit excellence and uphold high standards of conduct in the legal profession.

Dear Mr. Early:
I am pleased to inform you that you have been awarded the highest accolade in Martindale-Hubbell; an AV rating. This is as a result of an extensive, confidential review conducted among the legal profession in your community.
Your AV rating is important because it is a confirmation of the status you have achieved as a highly respected, ethical member of the Bar. It signifies that your legal abilities are of the very highest standard and that your professional ethics are unquestioned. You now join a select group of attorneys who have been recognized by their peers for their legal expertise and professional reputation.
Martindale-Hubbell has gone to considerable lengths to confirm the validity of your rating. To maintain the accuracy of ratings, periodic reevaluations are conducted.
Our congratulations to you on your new rating.
Sincerely,
Edward J. Roycroft, Jr.
Vice President

Filing a Mesothelioma Lawsuit

To start the process of seeking compensation for a mesothelioma client, ELSM begins with a brief introductory meeting. During this meeting, an attorney from ELSM will outline the various steps of the legal process; address any questions or concerns you may have related to the legal process; and discuss the ways in which a mesothelioma client has been exposed to asbestos.

After this introductory meeting, ELSM will work on your behalf to collect all diagnosing medical reports from the medical facilities where you were treated. Before a mesothelioma lawsuit is filed, ELSM performs a thorough work history investigation of the diagnosed party. ELSM will collect work history records, including, union records, military service records, and other documents to substantiate employment history. In addition to interviewing the mesothelioma client, ELSM will also identify any potential family members, co-workers, and other product identification witnesses who can assist in providing details about the work history and potential asbestos exposure in the case.

After we have completed a thorough product identification and work history investigation, our next step is to identify potential recoveries through asbestos trusts. A number of companies have admitted past asbestos liability and have set up asbestos trusts to compensate mesothelioma clients who present qualifying claims. ELSM is familiar with these asbestos trusts and their requirements for successful claims submission. For the most part, compensation through these trusts happens relatively quickly assuming your particular case meets each trust’s exposure criteria.

After your case has been evaluated for recovery through the asbestos trusts, ELSM then begins investigation of your case against viable companies who have yet to fully admit their asbestos liability. After an investigation period of about 30 to 60 days, ELSM will determine the proper venue to file the legal action. Venue selection is extremely important and is determined based on a number of factors including: a thorough understanding of scheduling, process time-frame, settlement history, and local laws. ELSM can file a lawsuit in any forum where a mesothelioma client has resided, worked, or served in the military. ELSM can also file your lawsuit in “open forum” states that are agreeable to allowing non-resident / non-exposure claimants to file.

As soon as the proper forum is determined, ELSM will file a formal Complaint on behalf of the mesothelioma client. The Complaint will typically assert various legal causes of action against the asbestos companies likely responsible for causing or contributing to a mesothelioma client’s diagnosis. The number of asbestos companies or defendants named in the Complaint will vary based on the specific type and amount of exposure a mesothelioma client may have had during his/her lifetime.

After filing the Complaint, the Discovery phase commences and usually lasts 3 to 4 months. Discovery allows ELSM to present information to the Defendant asbestos companies which document where, when, and how the mesothelioma client was exposed to particular asbestos products. ELSM can present this information via written documents (interrogatories) and/or oral testimony (deposition) to the Defendant asbestos companies. The Defendant asbestos companies will also be entitled to present information and/or documentation to your attorney during this period. ELSM will also file appropriate motions in Court during the Discovery phase on the mesothelioma client's behalf. Additionally, ELSM will likely try to reach some financial settlement(s) during the Discovery phase.

Most mesothelioma lawsuits will not end up going to trial, but rather will resolve in settlements well in advance of the trial date. Throughout the entire process, ELSM will discuss the strengths and weaknesses of seeking trial resolution vs. settlement with the mesothelioma client. ELSM values continued client input and respects the client’s right to decide what may be in his/her best legal interests. Should a matter proceed to trial with your approval, ELSM is experienced, qualified, and prepared to do so.

Meet Our Welcome Team

We are eager to serve you. ELSM's initial consultations are 100% free of charge and, since ELSM works on a contingency basis, you will NEVER be charged anything out of your own pocket. ELSM only gets paid if it makes a recovery on your behalf.

Annette Charlevois

Kim Curnane

Your first contact with the firm will usually be with Annette Charlevois or Kim Curnane. They are experienced, knowledgeable, and compassionate asbestos paralegals who have dedicated their lives to helping mesothelioma clients. They will listen to your individual situation and, together with you, decide on the next best course of action. Often a conference call or an in-home visit with one of our lawyers is arranged at your convenience. Click on the links above to learn more about Annette and Kim.

Don't Lose Your Rights to File a Mesothelioma Claim

Each state has its own deadlines, called statutes of limitations, which allow victims of mesothelioma to file lawsuits. Don't wait until it is too late to protect your rights! Request a Free Evaluation now if you or someone you love has been diagnosed with mesothelioma. The evaluation will cost you nothing. Our attorneys will travel to visit you at your convenience. We understand how difficult a time this is for you and will assist in any way that we can. You can also fill out the form below to receive a free Mesothelioma packet, or call us toll-free at 1-844-401-4277.

Read more: http://www.mesothelioma.com/lawyer/law-firm/#ixzz429HQncMw

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