Page Updated: August 15, 2019

Mesothelioma Claims

Federal laws that limit the use of asbestos in the U.S. went into effect over 35 years ago, but people are still suffering and getting sick from exposure to it. Most of the people diagnosed with mesothelioma came into contact with asbestos at work with no warnings of the risks that could have protected them. Filing a claim is one way that victims of asbestos illnesses can seek compensation for medical expenses and other costs.

If you or a loved one were diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to substantial compensation. Fill out our form to receive our free Financial Compensation Packet. Our packet is loaded with information on leading mesothelioma attorneys in your area, how to file a claim for asbestos trust funds, how to get paid in 90 days, and more. 

FREE Financial Compensation Packet

Free Next Day Shipping
There is a time limit - ACT NOW
  • Info on law firms that will recover your highest compensation
  • Learn how to get paid in 90 days
  • File for your share of $30 billion in trust funds
  • This field is for validation purposes and should be left unchanged.

Facts about Asbestos Exposure

  • Asbestos exposure is the leading cause of mesothelioma, a rare but aggressive and deadly cancer.
  • Most people who are now suffering from mesothelioma experienced asbestos exposure at work.
  • Some of the heaviest use of asbestos occurred at military, shipping, and construction sites.
  • Nearly all types of manufacturing and other types of industrial job sites also used asbestos.
  • The U.S. government placed regulations on the use of asbestos in the 1970s. It also enacted laws to protect workers with safety training.
  • Asbestos still lingers in many workplaces and older buildings, potentially causing more harm.
  • The symptoms of asbestos illnesses often don’t appear until decades after exposure.

Review of Our Services

“My family will forever be grateful to you for your care, compassion, understanding and support during our crisis. Thank you for your words of comfort and encouragement, and for making it possible for us to gather with family and seek help without any worry about work responsibilities. You have such an exemplary and kind heart and we cannot thank you enough for all you did (and continue to do) to help us get through a difficult time.”

~ Nellie

What Are My Legal Rights as an Asbestos Victim?

If you experienced asbestos exposure and received a diagnosis of  mesothelioma or another asbestos illness, expect high costs for treatment.

As a victim of asbestos exposure, you have a legal right to seek compensation and to:

  • File a claim against the company that exposed you to asbestos.
  • Retain the services of an asbestos attorney.
  • Seek compensation for costs incurred from your exposure to asbestos.

Who Are the Leading Asbestos Attorneys in My Area?

  • This field is for validation purposes and should be left unchanged.

An experienced lawyer is your best ally in recovering damages. If you have been exposed to asbestos or lost a loved one to it, seek the best legal representation.

What Types of  Mesothelioma Claims Can I File?

There are several ways to file a claim. Rely on the advice of an experienced mesothelioma law firm or lawyer before making a decision about how, when, and where to file.

  • Asbestos Trusts. Many companies that used asbestos filed for bankruptcy. But before receiving protection, courts required these companies to set up funds specifically for victims.
  • Lawsuits. With a lawsuit against an asbestos company you may be able to recover damages for the costs of being ill or from the death of a loved one because of asbestos.
  • Veterans Claims. If your exposure to asbestos occurred during service, you may be able to file a veterans claim.
  • Workers’ Compensation. Workers’ compensation insurance likely won’t be enough to cover all of your expense, but it can help.

Calculate Case Value

Calculate Case Value
  • This field is for validation purposes and should be left unchanged.

Types of Mesothelioma Lawsuits

There are two types of lawsuits that can be filed in cases of asbestos exposure and illness:

Personal Injury Claims

People diagnosed with mesothelioma file personal injury suits. With this kind of case you may be to entitled to damages for:

  • Past, present, and future medical expenses related to your illness.
  • Past, present, and future, lost wages.
  • Physical and emotional pain related to your illness.

Personal injury claims can be filed for any amount the plaintiff chooses, although the end amount may be different.

Wrongful Death Claims

If you lost a loved one to asbestos, you can file a wrongful death lawsuit to seek compensation for:

  • Medical expenses associated with the illness.
  • Funeral and burial expenses.
  • Loss of consortium.
  • Pecuniary damages, which include loss of financial support to dependents and spouses.
  • Damages for loss of parental guidance.
  • Damages for emotional and physical pain.

An example of a successful wrongful death lawsuit over asbestos is the family of a man named Gordon Bankhead. He died from mesothelioma at the age of 68 after asbestos exposure from decades of working on vehicles. Bankhead’s widow and two daughters won $11 million from his employer Pneumo Abex, which made asbestos brakes.

When to File – Statute of Limitations

Every state sets a statute of limitations for asbestos lawsuits. Your claim must be filed within this time limit. The statute that applies to your case may be the state where you worked. Your lawyer can help determine where and when to file.

  • Alabama: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Alaska: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Arizona: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Arkansas: 3 years from diagnosis or 3 years from death for wrongful death statute
  • California: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Colorado: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Connecticut: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Delaware: 2 years from diagnosis or 2 years from death for wrongful death statute
  • District Of Columbia:  3 years from diagnosis or 1 year from death for wrongful death statute
  • Florida: 4 years from diagnosis or 2 years from death for wrongful death statute
  • Georgia: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Hawaii: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Idaho: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Illinois: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Indiana: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Iowa: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Kansas: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Kentucky: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Louisiana: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Maine: 6 years from diagnosis or 2 years from death for wrongful death statute
  • Maryland: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Massachusetts: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Michigan: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Minnesota: 4 years from diagnosis or 3 years from death for wrongful death statute
  • Mississippi: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Missouri: 5 years from diagnosis or 3 years from death for wrongful death statute
  • Montana: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Nebraska: 4 years from diagnosis or 2 years from death for wrongful death statute
  • Nevada: 2 years from diagnosis or 2 years from death for wrongful death statute
  • New Hampshire: 3 years from diagnosis or 3 years from death for wrongful death statute
  • New Jersey: 2 years from diagnosis or 2 years from death for wrongful death statute
  • New Mexico: 3 years from diagnosis or 3 years from death for wrongful death statute
  • New York: 3 years from diagnosis or 2 years from death for wrongful death statute
  • North Carolina: 3 years from diagnosis or 2 years from death for wrongful death statute
  • North Dakota: 6 years from diagnosis or 2 years from death for wrongful death statute
  • Ohio: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Oklahoma: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Oregon: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Pennsylvania: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Rhode Island: 3 years from diagnosis or 3 years from death for wrongful death statute
  • South Carolina: 3 years from diagnosis or 3 years from death for wrongful death statute
  • South Dakota: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Tennessee: 1 year from diagnosis or 1 year from death for wrongful death statute
  • Texas: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Utah: 3 years from diagnosis or 2 years from death for wrongful death statute
  • Vermont: 3 years from diagnosis or 2 years from death for wrongful death statute
  • Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Washington: 3 years from diagnosis or 3 years from death for wrongful death statute
  • West Virginia: 2 years from diagnosis or 2 years from death for wrongful death statute
  • Wisconsin: 3 years from diagnosis or 3 years from death for wrongful death statute
  • Wyoming: 4 years from diagnosis or 3 years from death for wrongful death statute

FAQs about Asbestos and Mesothelioma Claim

1. Do I need a mesothelioma lawyer to file a claim?

You do not have to hire a lawyer, but it is strongly recommended. Lawsuits are complex and require expert knowledge for the best outcome. The defendants have powerful legal teams that will fight to deny you compensation.

2. Can family members file claims on behalf of living mesothelioma patients?

Yes, family members can file claims on behalf of the mesothelioma victim if they are very sick. Family members may be eligible for damages as well, including compensation in the event of a wrongful death.

3. Who actually pays the compensation if I win?

Damages are paid by the manufacturer, business, or business owner responsible for asbestos exposure. This may be one or more companies.

4. How can a lawyer prove I was exposed to asbestos decades ago?

Asbestos lawyers have experience investigating companies and asbestos use, even from decades ago. They understand the process of finding information on asbestos exposure regardless of how much time has elapsed.

5. How much compensation am I entitled to?

There is no specific formula for the amount of compensation any individual will get, but companies have already paid out billions. There are variables to consider, such as your health and how long you’ve been sick.

6. I was exposed to asbestos, but I have not been diagnosed with an asbestos-related disease. Do I have any legal options?

Laws for filing an asbestos-related lawsuit vary according by state. While some states allow people to file at any time, other states require that victims be diagnosed with an asbestos-related disease first.

The best option is to consult with an experienced mesothelioma lawyer in your state. In the meantime, talk to your doctor about your exposure and getting screened for cancer and lung diseases.

7. How long does an asbestos lawsuit take to reach a conclusion?

The amount of time it takes depends on individual factors. However, some lawsuits have been settled within a few months while others have taken a few years.

8. Can I file for punitive damages in a wrongful death claim? 

Some states may allow you to file for punitive damages, but most states do not. Your lawyer will help you understand what you can and cannot recover.

9. Can I file a wrongful death claim even if my spouse didn’t start a personal injury claim before he/she died?

Most states allow spouses and dependents to file a wrongful death claim even if the victim never started a personal injury claim. Remember, however, that you’ll need to refer to your state’s statute of limitations associated with wrongful death cases.

Getting Help with Your Claim

Remember to fill out our from to get your free Financial Compensation Packet, with information on leading asbestos and mesothelioma lawyers in your area. For additional assistance, contact us at 800-793-4540.