Mesothelioma Lawsuit
Dealing with a mesothelioma diagnosis can leave you with more questions than answers. It’s normal to worry about what comes next, how you’ll pay for it all, and whether you might qualify to file a mesothelioma lawsuit.
For personalized advice, call Sieben Polk, P.A. at 651-437-3148 or contact us online to reach an experienced attorney.
Navigate This Page
- What Is Mesothelioma?
- Why File a Mesothelioma Lawsuit and Who Is Eligible for Compensation?
- When Should You File a Mesothelioma Lawsuit?
- Filing a Mesothelioma Lawsuit in Minnesota and the Upper Midwest
- Our Past Mesothelioma Lawsuit Settlements
- Our Award-Winning Asbestos and Mesothelioma Attorneys
- Mesothelioma Lawsuit FAQs
- Mesothelioma is a serious cancer that often develops from exposure to asbestos, a naturally occurring mineral used as an industrial material.
- Mesothelioma patients may pursue damages for their illness by filing a lawsuit against the entity responsible for their exposure.
- Veterans’ benefits and company-established funds may also provide compensation.
- Loved ones of deceased mesothelioma patients may be able to file wrongful death claims.
What Is Mesothelioma?
Mesothelioma is a form of cancer that can develop following asbestos exposure. Asbestos, a naturally occurring mineral, was widely used for years due to its exceptional strength, heat resistance, and versatility. Unfortunately, many people who worked with or encountered asbestos would later develop and succumb to mesothelioma.
Historically, the most common and serious asbestos exposures have occurred in the workplace. Countless workers encountered asbestos as a component of mechanical or construction materials, often without the proper protection. Some of these individuals worked for private employers, while others were in the military.
Many of these workers brought asbestos home on their clothes, exposing their family members in a phenomenon called secondary exposure. Those without workplace exposure may also have encountered asbestos in the environment or through products that contain asbestos.
If you have been exposed to asbestos or received a mesothelioma diagnosis, you may be entitled to compensation, depending on your exposure history and medical diagnosis.
Why File a Mesothelioma Lawsuit and Who Is Eligible for Compensation?
Filing a mesothelioma lawsuit can help hold negligent companies accountable while also easing the financial and emotional burdens of your illness. Compensation from a lawsuit can help cover medical expenses, replace lost income, and plan for future financial needs.
Those potentially eligible for compensation include:
- A patient diagnosed with mesothelioma, asbestos lung cancer, asbestosis, or any other asbestos-related illness
- The spouse, child, next-of-kin, or estate representative of someone who has passed away from an asbestos-related illness
If you believe you have a case, reach out to a lawyer with local experience in this type of case. Legal action is a valuable opportunity to work with an attorney who understands your situation. They can help you gather evidence, build your case, and speak up for your rights.
When Should You File a Mesothelioma Lawsuit?
It’s important to file your asbestos mesothelioma lawsuit as soon as possible after receiving your diagnosis. These cases can take time to build, and Minnesota strictly limits the time you have to sue for asbestos exposure.
Many mesothelioma lawsuits are personal injury cases. Minnesota’s standard statute of limitations for this type of case is six years, typically starting on the date you received your diagnosis.
Meanwhile, cases involving defective products typically have a four-year statute of limitations. The statute of limitations for wrongful death actions in Minnesota is three years from the date of death.
Although exceptions exist, missing your deadline typically means losing your right to sue. It’s essential to connect with an experienced attorney who can help you file on time.
Filing a Mesothelioma Lawsuit in Minnesota and the Upper Midwest
Filing an asbestos lawsuit starts by contacting an experienced mesothelioma attorney. Our team has extensive experience handling asbestos cases throughout the Upper Midwest. As with any personal injury case, we begin with a consultation where we explain your options for moving forward.
If you choose to work with us, we will review your case to identify who is responsible for your exposure. Drawing on our extensive network of resources, we gather evidence to demonstrate liability and show the connection to your illness. We also use this evidence to determine the costs associated with your illness and assess the value of your claim.
Once we have estimated your compensation, we send a demand letter to the at-fault party or their representatives. This usually initiates a negotiation process. Our role during this process is to protect your rights and argue for a fair settlement.
If a settlement proves impossible, we discuss the option of taking your case to court. Our attorneys will advocate for your rights and seek meaningful compensation.
While this outlines the typical process for mesothelioma cases, it’s equally important to recognize the four distinct types of legal claims available.
Mesothelioma Wrongful Death Lawsuits
If you lost an immediate family member to mesothelioma, you may qualify to file a wrongful death case on their behalf. A wrongful death claim can compensate your family for the costs associated with your loved one’s illness and death.
These costs may include:
- Medical treatment
- End-of-life care
- Patient’s pain and suffering
- Funeral and burial
- Loss of family income and benefits
- Loss of companionship and care
Wrongful death cases have a different statute of limitations than personal injury cases. An attorney can help you understand your options.
Asbestos Trust Fund Claims
When the link between asbestos and mesothelioma became clear to the public, liable companies faced an influx of lawsuits. Some faced so many claims that they went bankrupt. The government required these organizations to establish trust funds to protect victims’ financial interests.
If the company that caused your asbestos exposure falls into this category, you may be able to claim compensation through one of these trust funds. Eligible claimants may include employees, family members exposed through secondary contact, and individuals who have used asbestos-containing products.
Mesothelioma VA Claims
For much of the 20th century, the U.S. military relied heavily on asbestos in its equipment and buildings. If you were exposed during your time in the service and have contracted mesothelioma or a related illness, you may be eligible for benefits from the U.S. Department of Veterans Affairs (VA).
These benefits can include:
- VA Disability Compensation: This monthly tax-free income may be available if the VA classifies you as disabled based on your asbestos-related illness.
- VA Pensions: Also tax-free, these payments are available to veterans with a wartime service history and limited financial resources.
- Medical Care: Depending on your disability determination and income, you may qualify for free care through the VA.
These funds may be available in addition to mesothelioma lawsuit compensation or trust fund claims.
Our Past Mesothelioma Lawsuit Settlements
Drawing on a half-century of experience in injury law, our firm has recovered more than $840 million in Minnesota mesothelioma lawsuits. Notable case results include:
We are proud to have made a difference in these people’s lives.
Our Award-Winning Asbestos and Mesothelioma Attorneys
At Sieben Polk, P.A., we strive to be the top asbestos law firm in the Upper Midwest. We are locally rooted, with trusted attorneys who are familiar with the area’s legal landscape and its history of asbestos exposure.
We are committed to being your trusted mesothelioma law firm. If you believe you may have a case, please call us today at 651-437-3148 or contact us online to schedule your complimentary consultation.
Chad Alexander
Chad Alexander is a partner at Sieben Polk with extensive experience in asbestos and wrongful death cases, Chad has successfully represented victims from various industries, including taconite mining, construction, and military service. His work has earned him recognition as a "Super Lawyer" and a "Rising Star". Chad is licensed to practice in Minnesota and the U.S. District Court for the District of Minnesota, with a focus on securing compensation for individuals affected by asbestos exposure.
Michael R. Strom
Mike Strom is a seasoned trial lawyer and Treasurer of Sieben Polk, specializing in asbestos litigation. With over 35 years of experience, he has secured several multi-million dollar recoveries, including the largest asbestos verdict in Minnesota history—a remarkable $8 million award for a Koch Refinery employee. Mike's success in high-stakes asbestos cases has earned him numerous accolades, including being named "Plaintiff’s Product Liability Lawyer of the Year" in 2020 and a "Top 100 Super Lawyer" for multiple years. He has represented thousands of clients affected by asbestos exposure, obtaining significant verdicts and settlements in some of the state's most notable cases.
Benjamin Alberty
Ben Alberty is a dedicated attorney with a strong background in mesothelioma and asbestos litigation, as well as personal injury cases. A former Teamster with 12 years of experience in a union shop, Ben brings a unique perspective to his work, understanding the importance of aggressive legal representation. Licensed in Minnesota, Wisconsin, and the U.S. District Court for Minnesota, he has represented clients in both state and federal courts, including appellate work. Ben’s commitment to his clients is evident in his track record of providing top-notch legal support to injured individuals.
Mesothelioma Lawsuit FAQs
Dealing with mesothelioma is distressing. For help understanding your options, review our frequently asked questions about asbestos and mesothelioma claims.
Begin by consulting with an attorney who has experience in handling asbestos liability cases. Our attorneys can lead you through the process of filing, building your case, and pursuing a settlement.
For most negligence-related asbestos exposure cases, you have six years from the date of diagnosis to file. Different rules apply in specific cases, including those involving product liability and wrongful death.
The time frame for a case depends on its complexity and the defendants’ willingness to settle. Some simple claims may be resolved in months, while others may take a year or longer.
While you cannot sue a bankrupt company, you may be eligible for compensation from an asbestos trust fund. As part of the bankruptcy reorganization process, courts required companies to establish asbestos trust funds to ensure future claimants could receive compensation.
You don’t need to travel to meet with us. Our attorneys will come to you or meet you at a location that is most convenient for you.
Your time frame will depend on the type of claim you file. Trust fund claims may settle more quickly than lawsuits, although each case is unique.
Overall, these funds have approximately $30 billion remaining. Funding availability for each case depends on the company involved.
If your close family member passed away from mesothelioma or another asbestos-related illness, you may be eligible to bring a wrongful death claim. Minnesota requires these claims to go through an appointed trustee, whom the surviving spouse or next of kin would designate.
To prove an asbestos-linked illness, you must have evidence of the exposure and disease. The first step is to organize your medical records, including test results and scans. Proving exposure can be more challenging, but an experienced attorney can provide valuable assistance.
Medical professionals estimate that mesothelioma takes 20 to 50 years to manifest in the body. High levels of exposure may cause the illness to develop more quickly, while those with lower-level or secondary exposure may take longer to show symptoms.
