Filing a Mesothelioma Claim

What Are Mesothelioma Claims and Why You Should File One?

Mesothelioma claims are legal or administrative claims people diagnosed with mesothelioma file to hold companies accountable for exposing workers and the public to asbestos. Most mesothelioma claims result in settlements, though some cases go to trial.

Compensation from a claim can be in the form of a settlement, trial verdict or asbestos trust fund payout. This financial assistance can cover expenses such as mesothelioma treatment, travel expenses to cancer centers, home care, lost wages and other expenses related to your diagnosis. 

Key Facts About Mesothelioma Claims

1. Mesothelioma claim settlements typically range between $1 million and $2 million.
2. More than $30 billion is currently available in asbestos trust funds to compensate claimants.
3. Each state has its own statute of limitations, which typically range from 1 to 3 years from the date of your mesothelioma diagnosis for personal injury claims.
4. According to consulting firm KCIC, Americans diagnosed with asbestos-related diseases filed 3,931 lawsuits in 2024, including 1,907 mesothelioma claims.

Carla Fasolo, who was exposed to asbestos at her father’s place of work, successfully filed a claim after her diagnosis of mesothelioma. She was initially hesitant about seeking financial help through the legal process. But given the expenses she was facing with the diagnosis, she felt it was the best option for her family. Fasolo says taking legal action is a way for survivors and their loved ones to make asbestos companies accountable for asbestos exposure.

[These companies] knew what asbestos could do. And to keep asbestos in their products, that’s not right. It’s not fair to the people that are using those things. It’s just not right.

Carla Fasolo, pleural mesothelioma survivor

How to File a Mesothelioma Claim

Filing a mesothelioma claim is easier if you hire a lawyer who specializes in asbestos litigation. A knowledgeable attorney will help you gather documentation of your mesothelioma diagnostic tests and asbestos exposure history you need to prove your asbestos exposure. They’ll walk you through the process and answer any questions you may have.

Documentation You’ll Need

• Financial records showing monetary hardships the illness has caused your family
• Medical records proving your asbestos-related diagnosis 
• Testimony required to prove the cause of your exposure to asbestos and the resulting cancer diagnosis
• Work history records showing you or your loved one worked for the company named in the claim

Your experienced attorney can determine the best strategy to help you receive compensation for your losses. They’ll also ensure your claim is filed properly and on time.

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Mesothelioma Claims Process

One of the most important things you can do when filing a mesothelioma claim is speak to an experienced lawyer who can advise you of your rights. They will walk you through the process and answer your questions.

The mesothelioma claims process is complex. An experienced attorney can determine the best strategy to help you receive compensation for your losses. These can include medical bills, travel for treatments, funeral costs and other expenses.

Steps of a Claims Process

1. Consult an experienced asbestos lawyer: An experienced mesothelioma lawyer will talk to you, assess your situation and help plan the best strategy for you and your family.
2. Gather evidence: Your legal team will investigate your asbestos exposure history and collect supporting records linking your illness to asbestos.
3. File your claim: Your lawyer will file your claim for you in the proper court or with an asbestos trust fund, carefully following all processes and timelines.
4. Begin discovery: After filing, your lawyer and the defendants’ lawyers gather evidence, conduct interviews, take depositions and share evidence.
5. Settlement or trial: Most mesothelioma claims end with a negotiated settlement. If an agreement isn’t reached, your case may go to trial.

This process can take weeks or months, depending on the complexity of the claim and any legal disputes. Your lawyer works to speed things along while ensuring you receive fair compensation.

I think a lot of people might be tempted to do this kind of thing on their own. Certainly, it’s possible to do it on your own. It’s just very, very complex and time consuming. And people would be leaving a lot of money on the table if they try to do it by themselves.

Joe Lahav, Lawyer and on-site legal advisor

Deadlines for Filing a Claim

State laws, called mesothelioma statutes of limitation, limit how long you can wait to file a mesothelioma claim. This time limit ranges from 1 year to a few years, depending on the state. The clock generally starts ticking at the date of diagnosis for personal injury claims.

You may have the option of filing mesothelioma claims in multiple states, depending on the locations of the companies identified as defendants and where your exposure occurred. Work with a qualified mesothelioma attorney to decide where to file, make sure your claim paperwork is filled out properly in each jurisdiction and ensure your claim is filed on time.

What Happens If Your Loved One Can’t Participate in the Claims Process?

If your loved one isn’t feeling well enough to initiate a claim, a family member can start the process on their behalf. After their death, the estate can file a wrongful death claim. 

You can contact a mesothelioma lawyer to start the claim filing process. Initiating the claims process allows the mesothelioma law firm to begin gathering evidence.

Your lawyer will conduct research and interviews, locate witnesses and record testimony. Witnesses become even more important to the case if your loved one can’t record testimony on their own behalf. Filing a claim as soon as possible affords time for the investigatory period.

Expert Take

Jim Kramer: What can family members do if their loved one cannot participate in the claims process?

View Transcript

In cases where a family member may be a mesothelioma victim and unable to testify or start the process themselves, family members can step into their shoes to start the process. And what that means is talking to a mesothelioma lawyer to begin the process of filing the case, finding other people who could be witnesses in that case, that could speak about the type of work that the mesothelioma patient may have done, the types of products that person may have used, and the types of asbestos exposures that person may have had.

After that’s completed, a case can still move forward, depositions of those people can be taken, and settlements or even going to trial can still occur.

Types of Mesothelioma Claims

The most common types of mesothelioma claims are personal injury claims, wrongful death claims and asbestos trust fund claims. Patients and their families can file mesothelioma cancer claims to obtain compensation for their injuries. These claims are also known as asbestos claims, and they are filed because of asbestos exposure.

Payouts from settlements, asbestos trust funds or trial verdicts vary depending on the nature of the claim filed, but some claims are worth more than $1 million. Experienced mesothelioma lawyers have extensive records building successful cases against the appropriate asbestos product manufacturers and companies responsible for your exposure. Their expertise is invaluable in successfully filing and collecting on your mesothelioma-related claims.

Personal Injury Claims

A personal injury lawsuit is a legal claim someone diagnosed with mesothelioma files. In this type of legal claim, you must prove the cause was asbestos exposure. 

In addition to covering medical expenses and lost income, compensation from a personal injury lawsuit may include damages for loss of consortium and pain and suffering. In some cases, juries can also award plaintiffs punitive damages. This is monetary damages awarded to discourage future wrongdoing. Most mesothelioma lawsuits are settled out of court before a trial takes place.

Wrongful Death Claims

Wrongful death lawsuits are lawsuits family members can file after a person has died of mesothelioma. In these cases, compensation is awarded for various losses, often including funeral costs and cancer-related expenses. 

The estate representative, usually the spouse or child of the deceased, represents the estate on behalf of the deceased party. They act in the interest of the estate in seeking compensation through a wrongful death claim.

Trust Fund Claims

Many bankrupt companies that provided asbestos-containing products have set up mesothelioma trust funds to compensate future claimants. Bankruptcy laws allow asbestos companies to reorganize and create trust funds to avoid future lawsuits. Pursuing an asbestos trust fund claim can help families recover significant compensation. 

A top mesothelioma law firm can tell you if the company responsible for your injuries has a trust fund. If so, your lawyer will handle the claim filing process. Both patients and families who’ve lost a loved one may file trust fund claims.

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Who Is Eligible to File a Mesothelioma Claim?

Mesothelioma patients and their estates can be eligible to file a mesothelioma claim. Eligibility depends on proving asbestos exposure and filing within the legal time limits.

Criteria to File a Mesothelioma Claim

• Diagnosed with mesothelioma or another asbestos-related cancer.
• Able to provide evidence asbestos exposure caused the illness.
• Filing within deadlines (statutes of limitations) for claims.
• Must be the diagnosed individual, an authorized family member or an estate representative.

A mesothelioma attorney can advise you on the types of compensation you may be entitled to receive. Financial compensation can come from several sources, including liable companies, asbestos trust funds, insurance companies and the Department of Veterans Affairs.

Insurance Claims and Other Financial Support Options

Other types of claims may provide compensation in addition to filing a lawsuit. Claims filed for health insurance, VA benefits and workers’ compensation may offer financial relief.  

• Insurance claims: Health insurance, disability insurance and life insurance can provide funds to afford the cost of cancer. Private insurance, Medicare and Medicaid serve as the most immediate financial resource. Social Security Disability Insurance provides monthly compensation to those who qualify.
• Veterans benefits: The VA offers disability compensation and survivor benefits. Examples include disability compensation, VA health care and special monthly compensation. 
• Workers’ compensation: Most workers’ compensation systems aren’t designed to compensate for occupational cancer adequately. Filing this type of claim can sometimes mean giving up your right to file a lawsuit. Discuss options that best serve your needs with your lawyer.

Working with an experienced claims agent or lawyer can help ensure you receive all the health insurance benefits available. An experienced VA-accredited claims agent can help you file for VA benefits.

VA Claims or VA Disability Claims

Some veterans were exposed to asbestos during active-duty service. The Department of Veterans Affairs recognizes mesothelioma and other asbestos-related illnesses as potentially service-connected conditions. This makes patients and family members eligible for disability compensation and survivor benefits.

Our VA-accredited claims agent can help veterans with mesothelioma understand their options and file a claim. VA-accredited team members at The Mesothelioma Center are available to help veterans 7 days a week.

Common Challenges in Filing Mesothelioma Claims

Mesothelioma patients face significant obstacles when pursuing legal compensation, from gathering evidence to navigating complex court procedures, all while managing an aggressive cancer. These challenges can feel insurmountable, but discussing them with your lawyer is the first step in taking decisive action to protect your rights and secure compensation.

Challenges When Filing Mesothelioma Claims

• Complex evidence requirements: Cases demand extensive investigation to collect medical records, employment history and witness statements, with the added challenge of proving historical asbestos exposure when decades-old records may have disappeared.
• Emotional and physical barriers: Serious illness and emotional distress often delay claim filing, potentially reducing compensation.
• Jurisdiction selection: Choosing the optimal filing location significantly impacts outcomes based on exposure sites, residence and defendant headquarters.
•  Legal complexities: Navigating court procedures, extensive paperwork and corporate defense strategies requires specialized legal expertise.
• Statute of limitations: Strict filing deadlines after diagnosis can bar compensation claims if action isn’t taken promptly.

Despite these challenges, filing a mesothelioma claim is an essential step to secure the compensation you deserve. Acting quickly and working with an experienced attorney can ease the process, protect your rights and help you overcome these hurdles. 

File a Mesothelioma Claim

We make filing a mesothelioma claim easier, so you don’t have to face it alone.

Start Your Claim

Common Questions About Mesothelioma Claims

How long does it take to resolve a mesothelioma claim?

The time it takes to receive compensation for a case filed in the courts depends on the jurisdiction in which the case is filed, but hopefully, it will be within a year of filing. As for a claim filed with the asbestos trusts, you may receive compensation within 3 months of filing a claim.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

How much does an asbestos claim pay out?

There is no average asbestos settlement amount. Any compensation is determined by the evidence obtained against the viable asbestos companies pursued in litigation and the bankrupt asbestos companies in which claims were filed against the asbestos trusts

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Is it possible for more than one company to be held legally responsible?

Yes.  Generally, there are multiple companies held legally responsible in mesothelioma lawsuits.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Can I still file a mesothelioma claim if the company responsible is no longer in business?

Depending on multiple factors, including their insurance coverage, you may still be able to file a mesothelioma claim even if the responsible company is no longer in business.

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

Do I have to travel to file a mesothelioma claim?

No. The mesothelioma attorney will visit you at your home or your chosen location. 

Answered By: Carl Money, Mesothelioma Attorney, Nemeroff Law Firm

How much does it cost to file a mesothelioma claim?

There are no upfront fees. Attorneys work on a contingency basis and only collect a percentage if you receive compensation.

What medical evidence is required to file a claim?

You’ll need a confirmed mesothelioma diagnosis from your doctor and records such as your pathology report, diagnostic imaging (like X-rays and CT scans) and a comprehensive history of treatments, surgeries and medical expenses.

Can a family file a mesothelioma claim if their loved one passed away?

Yes. Spouses, children or estate representatives can file a wrongful-death claim to recover compensation for funeral expenses and lost support.