Mesothelioma Legal FAQs - Your Legal Rights

What is mesothelioma?

Mesothelioma is a rare type of cancer that is caused by asbestos exposure.

How many related deaths are recorded due to mesothelioma?

Approximately three percent of cancer-related deaths in the United States are attributed to mesothelioma annually.

How many new cases of mesothelioma are diagnosed each year?

In the United States, between 2,000 and 3,000 new cases of mesothelioma are diagnosed annually.

What's timeline for mesothelioma regarding exposure & diagnosis?

Mesothelioma is typically diagnosed between 15 and 40 years after asbestos exposure.

Can I sue for compensation if I have mesothelioma?

Yes, you can. You will likely be suing the manufacturers of asbestos products, but each case is different depending on how you were exposed. For more information about this issue, please see Your Legal Rights.

Should I hire a mesothelioma lawyer and what should I look for?

Yes, it is best to hire a mesothelioma lawyer who specializes in these types of cases, as mesothelioma lawyers are experts in asbestos exposure and the related diseases. The lawyer's team of investigators can track down the cause of your exposure and find the companies that are responsible. For more information, please read Choosing an Attorney.

I was exposed to asbestos in the Navy-will you sue the military?

No, your lawyer will not sue the military or Navy. The companies that produced the asbestos-laden materials are responsible for resulting illness, not the government or the military. To read more about this topic, please see VA Claims.

What factors determine the compensation in mesothelioma cases?

There are many different factors that determine the amount of compensation for your case. Some of the major factors will include: the medical expenses incurred from illness; lost wages from inability to work; pain and suffering; the state laws; and the companies that are responsible for exposure. For more information about these issues, please see "Value of a Case."

Will my case go to court, or will settle out of court?

Many cases never go to court because the companies settle before trial. Each case is unique and there is always the chance that your case may need to go to court. Please see Trial and Settlement Cases for more information.

Is there a time limit for filing a mesothelioma lawsuit?

Yes, each state has a statute of limitations for how long you have to file a mesothelioma lawsuit. The best thing to do is hire a mesothelioma lawyer and file a case as soon as you are diagnosed. Please see Case Process for more information on how to file a lawsuit.

In what jurisdiction will I file my mesothelioma lawsuit?

That will be decided by you and your mesothelioma lawyer once he or she has the important information about your case. The jurisdictions for filing may be plentiful and the decision is one that can impact the outcome of your case. Talk to your mesothelioma lawyer about which jurisdiction is best to file your claim.

If I file my mesothelioma lawsuit out of state, will I have to travel?

No, you will not have to travel. Your mesothelioma lawyer will come to you to perform an interview, record your deposition, and will go to court on your behalf.

What health hazards are associated with asbestos exposure?

Asbestos exposure can cause numerous maladies that range from debilitating to absolutely fatal. Some of the common asbestos related diseases include:

• Asbestos lung cancer
• Asbestos warts
• Asbestosis (may develop into fatal cancer)
• Diffuse pleural thickening
• Fibrosis
• Malignant mesothelioma

Does smoking cause mesothelioma?

Smoking does not cause mesothelioma. If you are a smoker and you have mesothelioma, you can still launch a mesothelioma lawsuit. Please read Smoking and Mesothelioma for more information.

Who is at risk for developing mesothelioma?

Workers in the following occupations and workplaces are at risk for developing mesothelioma or another asbestos-related disease:

• Auto Mechanics
• Boilermakers
• Carpenters
• Construction Workers
• Drywall Tapers
• Electricians
• Fire Fighters
• Industrial Workers
• Insulators
• Iron Workers
• Machinists
• Merchant Marines
• Metal Lathers
• Millwrights
• Navy Vets
• Oil Refinery Workers
• Painters
• Pipefitters
• Plumbers
• Power Plant Workers
• Railroad Workers
• Roofers and Slaters
• Sawyers
• Shipyard Workers
• Tile Setters
• Welders

Is hiring a mesothelioma lawyer expensive?

Mesothelioma lawyers work on a contingency fee basis. This means they only receive compensation if and when you do. They will take a percentage of your awarded compensation, which will be determined upon hire.

I don't know where I was exposed to asbestos-can I still sue?

Yes, even if you don't know where you were exposed to asbestos, you can still sue. Your mesothelioma lawyer and their team of investigators will work hard to pinpoint the place or places where you were exposed to asbestos and which companies are responsible for those products.

Additional Resources

Resources available at Asbestos.com can only offer basic assistance in understanding the generalities of the mesothelioma litigation process.  If you seek legal information, it is always a good idea to  speak with a qualified lawyer of your choosing to ensure that you get accurate information regarding any potential claim that you might have. For more information about choosing a lawyer, please read Choosing an Attorney.