Mesothelioma is a fatal disease, almost always caused by prolonged exposure to asbestos. Mesothelioma victims who sue almost always qualify for money damages because courts have found clear legal liability on the part of companies that manufactured asbestos, and in some cases, used asbestos. Mesothelioma victims have the courts on their side since it's been proven that the asbestos industry hid the health dangers of working with asbestos for decades, and as a result, workers were needlessly exposed to asbestos, a serious carcinogen.

Mesothelioma gives people who worked with asbestos both serious medical and legal problems. First, a quick overview of the medical issues caused by asbestos exposure.

Symptoms, Treatment, and Causes of Mesothelioma

Pleural mesothelioma, the most common form of the disease, attacks the linings of the lungs, and can be considered a form of lung cancer. There are other forms of malignant mesothelimona as well, including peritoneal mesothelioma, which attacks the lining of the stomach. Pleural mesothelioma often follows asbestosis, which is the scarring of lung tissue caused by inhalation of asbestos fibers.

Symptoms. Symptoms of mesothelioma often don't appear until 20, 30, or more years after asbestos exposure, but at some point, they appear as breathing problems or digestive problems. Breathing problems, including shortness of breath and coughing, are common symptoms of lung-based, or pleural, mesothelioma. Weight loss accompanied by abdominal pain, swelling, and bowel problems can be symptoms of peritoneal mesothelioma. For in-depth information on the symptoms of peritoneal mesothelioma and pleural mesothelioma, see the National Cancer Institute's publication on mesothelioma at  www.cancer.gov.

Prognosis and treatment. Mesothelioma is an ultimately fatal disease. But especially if caught early, it can be treated and often slowed down significantly. About three-quarters of mesothelioma sufferers live five years or more, often considerably longer, with the result that many actually die of something else. Depending on how early it's caught, mesothelioma treatment usually involves drugs, chemotherapy, radiation, and in some cases, surgery. For a summary of treatment options and in-depth information on the symptoms of peritoneal mesothelioma and pleural mesothelioma, see the National Cancer Institute's publication on mesothelioma at  www.cancer.gov.

Causes of mesothelioma. Prolonged exposure to asbestos in the workplace is the leading cause of mesothelioma. In particular, people who worked in the heating and construction businesses in the past were likely to have heavy exposure to asbestos. However, the disease has surfaced in a small minority of individuals who had had no known asbestos exposure. Millions of Americans were exposed to free floating, air born asbestos in the factories, ship builders and especially the asbestos mines and mills of the 1930's through 1970's, which may account for some of these problems. In a number of instances, spouses or others who regularly handled and washed asbestos-ridden clothing have also contracted mesothelioma. Smokers who are exposed to asbestos have a greater chance of developing mesothelioma, but smoking alone can't cause mesothelioma.

The Legal Basics of Mesothelioma Cases

People diagnosed with mesothelioma ask, "If I file a lawsuit can I expect to recover significant money damages?" The answer is usually "yes." People who discover they are suffering from mesothelioma due to working with asbestos (or, if they are deceased, their spouse) have an excellent chance of achieving substantial money damages, either from the company or government agency that manufactured or installed the asbestos or an insurance company or asbestos victims' compensation fund that has assumed  liability for the company. And this is true even if the original employer has long since sold out, closed down, or even gone bankrupt, thanks to the formation of asbestos victims' compensation funds.

How long do I have to sue? Mesothelioma tends to develop 10 to 40 years after exposure to asbestos. State laws called statutes of limitations usually give people two to five years (depending on the state) from the diagnosis or discovery of mesothelioma to file a lawsuit. But it's important to act promptly, because in a few states, including Tennessee and Louisiana, the statue of limitations is only one year from diagnosis.

If a mesothelioma victim has already died, his or her spouse typically has one to three years from the date of death to file a wrongful death action, which can also result in the recovery of substantial money damages.

Mesothelioma victims can't file or join in class actions lawsuits because each person's medical history and prognosis is different, so mesothelioma cases must be filed individually.

How long does a mesothelioma case take? Most mesothelioma cases are settled before they ever get near a courtroom (meaning the parties agree outside of court to the amount of money damages the mesothelioma victim will get). If you have gathered all the facts about your medical condition and employment history, and your lawyer runs an efficient office, and there is an easily identifiable payment source, such as an insurance company or an asbestos victims' compensation fund, you may get your money in less than a year from the date your lawsuit is filed. But in other situations, where the amount of money damages depends on going to trial (or at least threatening to do so), it can take two years or more. Fortunately, the court rules in many states recognize that mesothelioma victims have a short life expectancy and as a result, fast track their lawsuits.

How much can I recover? The dollar amount you are likely to receive as compensation for developing mesothelioma is hard to estimate. Some cases result in settlements or jury awards in the millions, while similar ones settle for comparatively little. This is because over the years, many companies that manufactured or installed asbestos have closed down or gone bankrupt, which in turn has resulted in courts' requiring that large funds be set aside to compensate future victims. Some of these funds are still large enough to pay out all claims at full value, but others have been depleted to the point that far less is available, so settlement amounts must be rationed.

In addition to the size of the asbestos victims' compensation fund available for payment, each victim's particular mesothelioma illness and how it has affected their life is important to arriving at a cash settlement or jury verdict. The dollar amount of wages lost due to the illness, the cost of medical expenses, and, usually most important, the degree of the victim's pain and suffering are all key factors in putting a dollar value on a particular case.

A third factor in estimating how much money damages you'll recover is time. When cases are settled relatively quickly, the amount recovered tends to be significantly less than if your lawyer waits to present your case to a trial jury. But preparing and conducting a jury trial may take several years, whereas settlements can often be arranged in a year or less. For this reason, many seriously ill plaintiffs prefer a relatively quick settlement, and this is especially true when they learn that lawyers charge substantially more when a case goes to trial.

All of this being said, many mesothelioma cases result in settlement or awards in the range of $1 million to $5 million, but when attorneys' fees, court costs, and medical expenses are subtracted, victims often end up with less than one-third of these amounts.

How do I pay my lawyer? All mesothelioma cases are handled on a contingency fee arrangement. This means your lawyer charges you no upfront fees, but instead receives a percentage of the eventual settlement or money damages you receive as the result of a court judgment, plus any fees (for things like depositions, copying, and postage) that you agree to pay as part of a written fee agreement. A typical contingency fee is 25% to 40% of money damages you recover. The exact amount depends on several factors, including whether a victims' compensation fund places a cap on contingency fees (some allow no more than 25%), whether you settle out of court or go to trial, how much the lawyer wants your case (if the attorney believes your case is certain to win a big settlement or court judgment, you are in a much better bargaining position than if you are likely to receive a lower amount), and how hard you bargain before signing a fee agreement.

How do I find a mesothelioma lawyer? Nolo provides a personalized lawyer directory that includes lawyers who specialize in personal injury and mesothelioma cases. Information about each lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law is available. By using Nolo's directory, you can narrow down candidates before calling them for a phone or face-to-face interview. For more details on locating and selecting a good personal injury lawyer, read Nolo's article on Finding a Personal Injury Lawyer or go directly to Nolo's Lawyer Directory.