Mesothelioma Litigation

Mesothelioma litigation Claim history is surprisingly long, and very well documented from both a medical and legal perspective. From a legal historical standpoint, Mesothelioma litigation case history extends back to 1898, and to many different industries where the dangers of Asbestos were either largely unknown, or more often flagrantly disregarded by countless corporations, both large and small, obsessed with the profits earned in association with the use of Asbestos related products and services. Indeed, while Asbestos products and services were often treated as a safe to work with, many corporate insiders knew there was absolutely no safe level of Asbestos exposure. This rampant disregard to the health and well being of workers, and their families, escalated over the years on a global basis, the overall judicial environment for Mesothelioma lawsuits has significantly improved for Mesothelioma victims in recent decades.


In the USA, one of the first asbestos litigation claims was brought against an Asbestos manufacturer in 1929, with the Parties settling that lawsuit. However, as part of the settlement agreement, the attorneys agreed not to pursue further cases. Years passed, and in 1960 and article published that officially established Mesothelioma as a disease arising from exposure to asbestos with evidence linking to thirty case studies from South Africans, some of which were mine workers. In 1962, evidence of a malignant Mesothelioma was documented in associated with an Australian asbestos worked who worked in an asbestos mine from 1948 to 1950. By 1965, an article in the British Journal of Industrial Medicine established that people who lived in the neighborhoods of asbestos factories and mines, but did not work in them, had contracted Mesothelioma. Thus, continuing Asbestos exposure not only posed ever escalating health risks to individual workers exposed to toxic levels of Asbestos, but also communicated toxic levels of Asbestos exposure to related family members exposed Asbestos fibers and Asbestos related particulate matter derived from worker’s clothing, footwear and vehicles. Indeed, over a period of years, the very homes of workers posed individual health risks owing to exposure to Asbestos fibers, Asbestos dust and related particulate matter falling from worker’s hair, skin, clothing, footwear, lunch boxes and vehicles used to go to and from the workplace.

Asbestos exposure causing Mesothelioma has been linked to occupations that includes, but is not limited to, navy shipyards, commercial ship yards, railroads, the mining industry, skyscrapers (such as the former World Trade Center site), various construction sites, auto repair shops and manufacturing facilities of all types. Asbestos exposure has also been linked to a number of public facilities, such as homes, schools, hospitals, libraries and governmental work places, as associated with the presence of Asbestos Insulation, Asbestos Ceiling Tiles, Asbestos Floor Tiles, Asbestos Wall Products, Asbestos Piping Products and many other such applications. Further, many years after such installations and uses had been completed, when such Asbestos applications fell into disrepair or become damaged, the public health risks increased geometrically across the workplace, the home and throughout the public sector. In addition, unpaved roads have been linked to asbestos related "Serpentine", a serious environmental hazard in its own right.

Even with the preponderance of evidence building against the Asbestos related industries, Mesothelioma lawsuits were previously often proven difficult to manage from the standpoint of the statue of limitations. Once workers were exposed to Asbestos based materials, the subsequent illness often is not manifested, let alone documented, for many years. Thus, as workers (and their families) endured continuous exposure to Asbestos, a host of debilitating symptoms associated with Mesothelioma begin to emerge. Indeed, besides Mesothelioma illness, often other fatal diseases concurrently emerge. These conditions would include related disease conditions such as Asbestos lung cancer, (also known as Asbestosis). Sadly, many of these symptoms often are not detected even within a period of 10 or more years of exposure. However, this situation is improving through legislative actions taken by the American bar Association, as well as the forethought of Mesothelioma lawyers who take care to make sure that Mesothelioma victims thoroughly document their respective medical conditions and file with the Courts on a preemptive basis. These activities have preserved countless claims in recent years, for the benefit of thousands of Mesothelioma victims across the United States.

Of special note, the United States Department of Veteran Affairs may not recognize Asbestos exposure (leading to Mesothelioma) as a service connected medical condition. Based upon information available via the United States Department of Veterans Affairs, approximately 25,000,000 persons have served within the armed forces, and of this number, it is estimated that hundreds of thousands of Veterans were exposed to toxic levels of Asbestos materials while in the service of the United States government. Indeed, there were over three hundred different Asbestos related products extensively used by the military. These Asbestos products were primarily used by the Department of the Navy during the 1930 to 1970s time periods with numerous Asbestos related materials used in engine rooms, boiler rooms and below deck areas based upon fire safety benefits, thus making Navy veterans and shipyard workers especially vulnerable for Asbestos related exposures potentially leading to Mesothelioma.

However, notwithstanding the above statistics, unless Veterans can demonstrate nearly undeniable proof that their exposure to Asbestos was sustained as a result of government service, our Veterans face a very difficult situation. Why? Because our Veterans are prohibited by law from seeking damage claims or restitution from the government of the United States through the Federal Court system. Veterans instead may ONLY apply for Veteran Affairs benefits for Asbestos exposure related diseases only after meeting a “burden of proof” level that is nearly impossible to meet. Of special note, the Veteran must prove exposure occurred during military service, (not before or after service) and directly link such evidence to the product(s) that led to toxic exposure, as well as the manufacturer of such products. Notably, when the VA “finds” that the Veteran’s asbestos exposure is “limited” or “isolated” to their military service, the VA is well known to frequently advise seeking compensation directly from Manufacturers of Asbestos products. This environment contrasts sharply with the rights afforded non-Veterans within the United States Court systems.

In light of the foregoing, it is also interesting to relate the geography of individual Mesothelioma litigation awards. The following compilation of recent average State and Federal Mesothelioma Lawsuit compensation awards, excluding punitive damage awards, demonstrates the need to seek a competent Mesothelioma Lawyer or Mesothelioma law firm to bring the case in the most favorable legal venue possible. This compilation is ranked upon the average Mesothelioma compensation award, (excluding punitive damages), per city or state venue, demonstrating that Court venue may have a significant impact upon resultant compensatory claims:

  • Florida Mesothelioma Litigation Claims Compensation Average - $3,500,000
  • Delaware Mesothelioma Litigation Claims Compensation Average - $3,400,000
  • Philadelphia Mesothelioma Litigation Claims Compensation Average - $2,340,000
  • West Virginia Mesothelioma Litigation Claims Compensation Average - $2,300,000
  • Atlanta Mesothelioma Litigation Claims Compensation Average - $2,200,000
  • Idaho Mesothelioma Litigation Claims Compensation Average - $1,970,000
  • New York City Mesothelioma Litigation Claims Compensation Average - $1,970,000
  • New Jersey Mesothelioma Litigation Claims Compensation Average - $1,870,000
  • Overland Park Mesothelioma Litigation Claims Compensation Average - $1,780,000
  • Massachusetts Mesothelioma Litigation Claims Compensation Average - $1,780,000
  • Georgia Mesothelioma Litigation Claims Compensation Average - $1,500,000
  • Port Arthur Mesothelioma Litigation Claims Compensation Average - $1,455,000
  • Denver Mesothelioma Litigation Claims Compensation Average - $1,450,000
  • Utah Mesothelioma Litigation Claims Compensation Average - $1,450,000
  • West Virginia Mesothelioma Litigation Claims Compensation Average - $1,420,000
  • Houston Mesothelioma Litigation Claims Compensation Average - $1,350,000
  • Galveston Mesothelioma Litigation Claims Compensation Average - $1,340,000
  • Kentucky Mesothelioma Litigation Claims Compensation Average - $1,290,000
  • Dallas Mesothelioma Litigation Claims Compensation Average - $1,250,000
  • Los Angeles Mesothelioma Litigation Claims Compensation Average - $1,250,000
  • Cincinnati Mesothelioma Litigation Claims Compensation Average - $1,250,000
  • Wyoming Mesothelioma Litigation Claims Compensation Average - $1,230,000
  • Pennsylvania Mesothelioma Litigation Claims Compensation Average - $1,230,000
  • Southern California Mesothelioma Litigation Claims Compensation Average - $1,100,000
  • Tennessee Mesothelioma Litigation Claims Compensation Average - $980,000
  • San Diego Mesothelioma Litigation Claims Compensation Average - $970,000
  • Indiana Mesothelioma Litigation Claims Compensation Average - $940,000
  • Utah Mesothelioma Litigation Claims Compensation Average - $930,000
  • Galveston Mesothelioma Litigation Claims Compensation Average - $930,000
  • Beaumont Mesothelioma Litigation Claims Compensation Average - $900,000
  • Texas Mesothelioma Litigation Claims Compensation Average - $890,000
  • Port Charlotte Mesothelioma Litigation Claims Compensation Average - $890,000
  • Sacramento Mesothelioma Litigation Claims Compensation Average - $890,000
  • Missouri Mesothelioma Litigation Claims Compensation Average - $890,000
  • Orange County Mesothelioma Litigation Claims Compensation Average - $875,000
  • Detroit Mesothelioma Litigation Claims Compensation Average - $870,000
  • Baltimore Mesothelioma Litigation Claims Compensation Average - $810,000
  • Oklahoma City Mesothelioma Litigation Claims Compensation Average - $810,000
  • Austin Mesothelioma Litigation Claims Compensation Average - $780,000
  • Michigan Mesothelioma Litigation Claims Compensation Average - $740,000
  • Maryland Mesothelioma Litigation Claims Compensation Average - $740,000
  • Illinois Mesothelioma Litigation Claims Compensation Average - $690,000
  • Pennsylvania Mesothelioma Litigation Claims Compensation Average - $670,000
  • Colorado Mesothelioma Litigation Claims Compensation Average - $670,000
  • Ohio Mesothelioma Litigation Claims Compensation Average - $655,000
  • New Hampshire Mesothelioma Litigation Claims Compensation Average - $590,000
  • Maine Mesothelioma Litigation Claims Compensation Average - $570,000
  • Minneapolis Mesothelioma Litigation Claims Compensation Average - $560,000
  • Arkansas Mesothelioma Litigation Claims Compensation Average - $560,000
  • Manhattan Mesothelioma Litigation Claims Compensation Average - $450,000
  • Alaska Mesothelioma Litigation Claims Compensation Average - $450,000
  • Mississippi Mesothelioma Litigation Claims Compensation Average - $398,000
  • Nashville Mesothelioma Litigation Claims Compensation Average - $390,000
  • Arizona Mesothelioma Litigation Claims Compensation Average - $345,000
  • Iowa Mesothelioma Litigation Claims Compensation Average - $340,000
  • Alabama Mesothelioma Litigation Claims Compensation Average - $325,000
  • Connecticut Mesothelioma Litigation Claims Compensation Average - $220,000
  • Louisiana Mesothelioma Litigation Claims Compensation Average - $230,000
  • Minneapolis Mesothelioma Litigation Claims Compensation Average - $198,000
  • Vermont Mesothelioma Litigation Claims Compensation Average - $167,000
  • Collier County Mesothelioma Litigation Claims Compensation Average - $158,000
  • Hendry County Mesothelioma Litigation Claims Compensation Average - $129,000
  • Washington Mesothelioma Litigation Claims Compensation Average - $129,000
  • Hawaii Mesothelioma Litigation Claims Compensation Average - $125,000
  • Hartford Mesothelioma Litigation Claims Compensation Average - $125,000
  • Memphis Mesothelioma Litigation Claims Compensation Average - $120,000
  • North Dakota Mesothelioma Litigation Claims Compensation Average - $98,000

Noting the exclusion of punitive damage awards, (which can, depending on circumstances, vastly exceed the amount of compensation awards), it is clear that Venue is yet another important element to consider in the context of the overall environment for mesothelioma litigation claims.

Mesothelioma Litigation Claims Disclaimer:

The purpose of this Mesothelioma Litigation page is to provide you useful information and access to resources, as opposed to medical or legal advice about Mesothelioma. These pages were not prepared by lawyers and should not be taken as a substitute for legal advice or advice from a medical professional. Victims of Asbestos related illnesses and/or Mesothelioma, are encouraged to immediately consult their respective medical or legal professionals.