Page Updated: April 10, 2019

Mesothelioma Claims

Federal laws limiting the use of asbestos in the U.S. went into effect over 35 years ago, but people are still suffering from it. Many people are still getting sick from exposure. These victims are now filing mesothelioma claims to seek justice and compensation for medical expenses.

Most of the people diagnosed with mesothelioma came into contact with asbestos in their workplaces. They never received any 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 associated 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. 

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Asbestos Exposure

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. Workers that handled or were near asbestos may have inhaled or ingested its tiny, damaging fibers.

The U.S. government placed regulations on the use of asbestos in the 1970s. It also enacted laws to protect workers with safety training and gear. Still, asbestos lingers in many workplaces and older buildings, potentially causing more harm. Furthermore, the symptoms of asbestos illnesses often don’t appear until decades after exposure. Many workers never knew about exposure until much later.

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The Legal Rights of Asbestos Victims

If you experienced asbestos exposure and received a diagnosis of  mesothelioma or another asbestos illness, you can expect the cost of treatment to be extremely high. Even with health insurance, most victims find that they can’t cover medications, treatments, travel costs, and other expenses. Family members who have lost someone to mesothelioma face funeral costs and the loss of financial support.

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

  • You have the legal right to file a claim against the company or manufacturer that exposed you to asbestos.
  • You have the right to retain the services of an asbestos attorney.
  • You have the right to seek compensation for costs incurred from your exposure to asbestos.

Who Are the Leading Asbestos Attorneys in My Area?

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An experienced lawyer is your ally in trying to win compensation. If you have been exposed to asbestos or lost a loved one to a related disease, it is crucial that you look for the best legal representation.

How do I File a Mesothelioma Claim?

There are several different ways to file a claim. It is important to 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 after expensive lawsuits. But before receiving protection, courts required these companies to set up funds specifically for victims.
  • Lawsuits. Starting a lawsuit against an asbestos company can provide an opportunity to be awarded compensation 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, so let your lawyer help you through the application process.

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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. A family member with power of attorney can also file this type of claim if the victim is too ill. 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 more or less.

Wrongful Death Claims

If you lost a loved one to asbestos, you may choose to 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 includes loss of financial support to dependents and spouses.
  • Damages for loss of parental guidance.
  • Damages for emotional and physical pain.

The family of a man named Gordon Bankhead is an example of a successful wrongful death lawsuit. Bankhead 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, a company that made asbestos brakes, compensate for the years of his life lost because of his workplace exposure.

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

Frequently Asked Questions about Claims

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

You do not have to hire a lawyer to file, 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 mesothelioma patients who are still living?

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, or loss of consortium.

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 asbestos exposure in the past?

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

5) How much money can I expect to win?

Companies have paid out billions of dollars in mesothelioma settlements. There is no specific formula for the amount of compensation any individual will get. 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 on 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 who will be able to help you understand the legal process 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 with expertise in the laws will be able to guide you in seeking the appropriate damages.

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. 

 

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.