If you or someone you love has been diagnosed with mesothelioma, you may be considering filing a legal claim. That decision often brings up a lot of questions, especially around what a lawsuit actually involves. For many families, the idea of going to trial feels overwhelming, especially when you’re already navigating health challenges.
What is a Mesothelioma Lawsuit?
Mesothelioma is a rare and aggressive cancer that’s almost always linked to asbestos exposure. For decades, many companies used asbestos in products and workplaces despite knowing it could cause serious health problems. Because of this, patients often have legal grounds to seek compensation through a lawsuit, trust fund claim, or other legal option.
In Ohio, you can file a lawsuit against the company or companies responsible for exposing you to asbestos. If successful, you may receive compensation for medical expenses, lost wages, pain and suffering, and more.
Who Can File a Lawsuit?
Anyone who has been diagnosed with mesothelioma and can show a connection to asbestos exposure may be eligible to file a personal injury claim. In cases where the person with mesothelioma has passed away, a surviving spouse or close family member can often file a wrongful death claim.
Each case is different, and even people who were exposed decades ago may still be eligible. That’s because mesothelioma can take 20 to 50 years to develop after exposure.
Types of Legal Claims
There are a few different legal options in Ohio, depending on your situation:
- Personal Injury Lawsuit: Filed by someone with a mesothelioma diagnosis. This is the most direct path to compensation.
- Wrongful Death Lawsuit: Filed by family members after the death of a loved one due to mesothelioma.
- Asbestos Trust Fund Claim: Some companies that used asbestos filed for bankruptcy and were required to set up trust funds to compensate victims. You may be able to file a claim with one or more of these trusts.
- Workers’ Compensation Claim: In certain cases, Ohio workers exposed on the job may be eligible for workers’ comp benefits, though these may be more limited than what’s available through a lawsuit.
- VA Claim: Veterans exposed to asbestos during military service may qualify for benefits through the Department of Veterans Affairs.
Statute of Limitations in Ohio
If your lawsuit is successful, compensation may cover a wide range of expenses and losses, such as:
- Medical treatment costs
- Travel and lodging for medical care
- Lost wages and future earning potential
- Pain and suffering
- Funeral expenses (in wrongful death cases)
- Emotional distress for family members
Why Work with an Experienced Attorney?
Mesothelioma cases are different from most personal injury lawsuits. They often involve tracing asbestos exposure from decades ago, identifying responsible companies, and working with medical and occupational experts.
A strong attorney will guide you through this process, gather the right documentation, and make sure your claim is filed correctly and on time. They’ll also handle communication with the companies or trust funds involved so you can focus on your health and your family.
Getting Started
The first step is to set up a free consultation. Contacting Kelley Ferraro today, gives you the chance to talk through your situation with one of our attorneys, ask questions, and understand your options. If you decide to move forward, our legal team will start collecting your work and medical history, identifying asbestos products you were exposed to, and building a strong case on your behalf.
Mesothelioma lawsuits in Ohio can be complex, but they’re manageable with the right legal support. If you believe asbestos exposure caused your illness or the death of a loved one, it’s worth exploring your legal rights.
Step 1: Connect With an Experienced Attorney
Mesothelioma cases are different from other personal injury claims. Exposure may have happened decades ago, and multiple companies could be involved.
When working with an experienced attorney at Kelley Ferraro, we will:
- Help identify when and where exposure likely occurred
- Gather evidence from your medical and work history
- Explain your options for filing a lawsuit, trust fund claim, or both
Contact us today for a free consultation and let us connect you to one of our experienced Mesothelioma lawyers immediately.
Step 2: Determine Which Type of Claim to File
Depending on your situation, your attorney may recommend one or more of the following:
- Personal Injury Lawsuit: Filed by a living person diagnosed with mesothelioma.
- Wrongful Death Lawsuit: Filed by surviving family members after a loved one’s death.
- Asbestos Trust Fund Claim: Many companies that used asbestos filed for bankruptcy and set up trust funds to pay victims. You may qualify for multiple claims.
- VA or Workers’ Comp Claims: If exposure occurred during military service or on the job in Ohio, you may qualify for benefits.
Our attorneys at Kelley Ferraro will help figure out the best path forward based on where and how you were exposed.
Step 3: Start Building the Case
This stage involves gathering documents and evidence. Your legal team will typically:
- Collect your medical records and mesothelioma diagnosis
- Review your work and military history
- Identify the asbestos-containing products or job sites involved
- Interview witnesses or coworkers, if needed
- Locate existing records or prior lawsuits involving the same companies
You won’t be expected to handle this yourself. Your attorney will do most of the heavy lifting.
Step 4: File the Claim
Once the case is built, your lawyer will file the claim in the appropriate court or trust system. Ohio’s statute of limitations is two years from diagnosis (or from death in wrongful death cases), so timing is critical.
After the claim is filed, the defendants (usually asbestos manufacturers or their insurers) will have a chance to respond.
Step 5: Negotiation or Trial
Many mesothelioma cases settle out of court. Settlements can happen quickly, especially if the facts of your case are clear and the responsible companies have already settled similar claims. If the case doesn’t settle, it may go to trial
Step 6: Receive Compensation
If your case is successful, compensation can help cover:
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- Medical treatment and travel costs
- Lost income
- Pain and suffering
- Funeral expenses (in wrongful death claims)
- Other financial losses related to the illness
Payments can come from one or multiple sources, including lawsuit settlements, trust fund payouts, or VA benefits.
What’s Next?
The legal process might sound intimidating, but a good attorney will walk you through each step and keep things as stress-free as possible. In many cases, clients don’t need to attend court or do much beyond a few conversations and paperwork.
If you or a loved one has been affected by mesothelioma, don’t wait to find out what options are available. Legal time limits apply, and acting sooner can make a difference.
