Mesothelioma Legal FAQ
Answers to the questions patients and families most often ask before contacting a mesothelioma attorney.
What is mesothelioma?
Mesothelioma is a rare, aggressive cancer of the lining of the lungs, abdomen, or heart. It is caused almost exclusively by inhalation or ingestion of asbestos fibers, often 20 to 50 years before diagnosis.
Do I need a specialist attorney?
Yes. Mesothelioma litigation involves decades-old exposure evidence, dozens of potential defendants, asbestos bankruptcy trust funds, and jurisdiction-specific procedural rules. General personal injury attorneys rarely have the infrastructure to develop these cases effectively.
How much does it cost to hire a mesothelioma attorney?
Reputable mesothelioma attorneys work on a contingency fee basis: you pay nothing up front, and the firm is paid a percentage of any recovery. If there is no recovery, you owe no attorney's fee.
How is compensation calculated?
Compensation typically covers past and future medical expenses, lost income, pain and suffering, and, for surviving family members, wrongful death damages. Sources include jury verdicts, negotiated settlements, and asbestos bankruptcy trust funds.
How long do I have to file a claim?
Statutes of limitation vary by state and by claim type (personal injury vs. wrongful death), typically ranging from one to three years from diagnosis or death. Because mesothelioma progresses quickly, do not delay contacting an attorney.
Can veterans file both a VA claim and a lawsuit?
Yes. VA disability benefits are separate from civil claims against the manufacturers who supplied asbestos products to the military. Pursuing one does not affect eligibility for the other.
What if the company that exposed me is out of business?
Many former asbestos manufacturers have filed for bankruptcy and funded asbestos trust funds — currently holding tens of billions of dollars — to compensate victims. A specialist attorney can file claims against every trust for which you qualify.
Will I have to travel or appear in court?
Most mesothelioma cases settle without a trial appearance. When testimony is needed, experienced attorneys arrange video depositions from your home or hospital so you never have to travel while undergoing treatment.
How long does a mesothelioma case take?
Settlements are frequently reached within a few months to a year of filing. Trials, when necessary, take longer. Because of the seriousness of the disease, courts often grant preference to expedite mesothelioma cases.
What if my loved one was exposed but not yet diagnosed?
Legal claims require a formal medical diagnosis. If exposure is suspected, an attorney can refer you to specialists for evaluation and preserve evidence — such as work history statements — that may support a later claim.