How Do I File a Mesothelioma Claim?

How to File a Mesothelioma Claim

People who are diagnosed with mesothelioma and other asbestos-related illnesses were most likely exposed to asbestos without their knowledge, or didn’t know asbestos was dangerous. This is an example of employer negligence, and patients are usually eligible for financial compensation. People can earn compensation for their condition by filing a mesothelioma claim.

Each state has a set time frame, called a statute of limitations, during which mesothelioma claims must be filed. The average length of time is between two and three years from the time of a cancer diagnosis, so it’s important to contact an attorney as soon as possible. If you do choose to move forward with a mesothelioma lawsuit, there are two types of claims mesothelioma lawyers file: a personal injury claim and a wrongful death lawsuit.

Types of Mesothelioma Claims

There are different types of mesothelioma claims, and it’s possible to file more than one, depending on the specific case and situation. Keep in mind that each state has a different statute of limitations, or a mesothelioma claim time limit, for filing a claim. The average length of time lasts between two and three years after a mesothelioma diagnosis. The takeaway here is that timing is essential, so take legal action now.

Not sure which lawsuit applies to your situation? Gathering information for a family member or loved one who is ill? We can help you navigate this process. Fill out a simple case evaluation form to connect with a qualified mesothelioma attorney.

Step-by-Step Mesothelioma Claims Process

Many people are unsure where to begin after a mesothelioma diagnosis, and that confusion can add even more stress. This step-by-step guide lays out the claims process in plain language, helping you move forward with clarity and confidence.

1. Free Consultation with an Attorney: Contact a mesothelioma lawyer for a free case evaluation. They’ll review your diagnosis, work history, and potential asbestos exposure to determine if you have a viable claim.
2. Gathering Documentation: Your attorney will collect medical records, employment history, and evidence of asbestos exposure. This typically takes several weeks to a few months.
3. Filing the Claim: Your lawyer files the lawsuit or trust fund claim on your behalf, ensuring all deadlines and statute of limitations requirements are met.
4. Discovery and Investigation: Both sides gather evidence, depose witnesses, and consult with medical experts. This phase can take several months.
5. Settlement Negotiations: Most mesothelioma claims (about 90-95%) settle out of court. Your attorney negotiates with defendants to secure fair compensation.
6. Trial (If Necessary): If a settlement can’t be reached, your case goes to trial. Your lawyer will represent you throughout the process.
7. Receiving Compensation: Once a settlement is reached or a verdict is awarded, you’ll receive your compensation, typically within 60-90 days.

How Long Does it Take to File a Mesothelioma Claim?

The short answer: it depends. If the statute of limitations is about to expire, a case can be filed immediately. However, it takes time, usually a minimum of six months, to gather all of the necessary information. Mesothelioma cases involve more than just a medical diagnosis. The legal team must determine the length of time and the amount of asbestos to which a patient was exposed, find and question witnesses, and include expert testimony where appropriate.

There are several variables that can affect the legal claims process, including:

• Patient age at diagnosis
• Exposure history
• Available legal venues

The legal venue, or the location where the case is heard, is a crucial factor when filing a mesothelioma claim. Cases can involve multiple companies and locations, meaning there may be numerous venue options. Some legal venues expedite mesothelioma cases if the injured party is still living, though many do not. In locations where venues do not expedite cases, it can take over a year for the case to be heard. Mesothelioma Hub has relationships with law firms in ideal legal venues,giving patients and families the best chance of success in speedy trials and the best possible outcome that these law firms can achieve.

What Is Required to Successfully File a Mesothelioma Claim?

Once a patient or family member has decided to file a claim, they must have medical proof and proof of exposure. In most cases, the medical side of cases is easy to prove: a patient either has mesothelioma (or another asbestos-related illness), or they don’t. The results of a needle biopsy are usually needed to provide medical proof.

The bigger challenge is proof of exposure: proving that a specific asbestos company’s (or companies’) products caused the disease. This can be difficult if a patient can’t remember what products they handled or were exposed to on the job. A lawyer who specializes in mesothelioma will have access to an extensive database of asbestos-containing products, complete with logos, trademarks, and product packaging. These images can help individuals who may have trouble recalling the type of asbestos products to which they were exposed while working for different companies. The database is so comprehensive that most of the products can be traced back to individual job sites. Patients don’t have to go through this process alone: there’s also a team of product experts available to help.

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What Is the Process for Veterans’ Claims?

Patients who were exposed to asbestos while serving in the military will file a specific claim through the Department of Veterans Affairs, also known as a VA claim. The viability of these claims depends on an individual’s employment history and the length of time spent in the military. However, veterans may also be eligible to file individual lawsuits and seek compensation through an asbestos trust fund. Learn more about veterans and mesothelioma, including how to file a VA claim.

How Do Patients and Family Receive Mesothelioma Compensation?

There are two main ways patients who have received a mesothelioma diagnosis can pursue compensation:

1. File a personal injury or wrongful death lawsuit against a liable asbestos company that has not declared bankruptcy.
2. File a claim for compensation through an asbestos trust fund. These trusts contained money from now-bankrupt asbestos companies and were set aside to compensate people facing asbestos-related illnesses.

The main difference is where the claim is filed. Personal injury and wrongful death lawsuits brought against companies must involve the courts. If a company has declared bankruptcy, compensation is typically available from asbestos trust funds. If multiple asbestos companies are involved, it’s possible to seek compensation through both avenues, depending on the status of each company.

Personal injury lawsuits typically settle within 6 to 12 months, although some cases are resolved faster. Asbestos trust fund claims often process more quickly, sometimes within 60 to 90 days. Cases that go to trial may take 1 to 2 years or longer.

Average Mesothelioma Claim Settlements and Payouts

While every case is unique, understanding typical compensation amounts can help set expectations:

Settlement Ranges: Most mesothelioma settlements range from $1 million to $2.4 million. The amount depends on factors including:

• Medical expenses (past and future treatment costs)
• Lost wages and reduced earning capacity
• Pain and suffering
• Your age and life expectancy
• Strength of evidence linking exposure to specific companies
• Number of liable defendants

Trust Fund Payments: Asbestos trust fund claims typically pay between $40,000 and $200,000 per trust, though amounts vary. Since patients often qualify for multiple trust funds, total compensation can reach $1 million or more.

Trial Verdicts: Cases that go to trial can result in higher awards, sometimes exceeding $10 million, though verdicts can be appealed and may take longer.

Things to Remember About a Mesothelioma Claim

Taking legal action may sound confusing or intimidating, but filing a mesothelioma claim isn’t as complicated as it seems. There’s no courtroom and no drawn-out trial. In most cases, a mesothelioma attorney will travel to meet the person filing the claim to ask questions and take a statement. It may take several months to resolve an asbestos claim and receive compensation, but the client’s involvement is typically only one day.

Every case is different, and no two outcomes are the same.

The bottom line: if you were exposed to asbestos on the job and now have mesothelioma or another asbestos-related illness, it’s time to take action. Request your free case evaluation today to connect with an attorney who specializes in asbestos litigation and claims filing. You have a right to compensation.

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Frequently Asked Questions About Filing Mesothelioma Claims

If you’re just starting this process, it’s completely normal to feel unsure about your rights or how long you have to take action, which is why we answer the most important questions clearly and simply.

What is the statute of limitations for mesothelioma claims?

The statute of limitations varies by state, typically ranging from 1 to 6 years from the date of diagnosis or discovery of the disease. Some states have different time limits for wrongful death claims. Because these deadlines are strict, it’s important to consult with a mesothelioma attorney as soon as possible after diagnosis to protect your rights.

Can I file a claim if the company goes bankrupt?

Yes. When asbestos companies file for bankruptcy, they’re required to establish trust funds to compensate future claimants. Currently, there’s over $30 billion available in asbestos trust funds. An experienced attorney knows how to access these funds and can file claims even if the company no longer exists.

Are mesothelioma settlements taxable?

Generally, compensation for medical expenses, pain and suffering, and emotional distress is not taxable under federal law. However, portions of your settlement allocated to lost wages or punitive damages may be taxable. It’s recommended to consult with a tax professional to understand how your specific settlement may be taxed.

How much does it cost to file a mesothelioma claim?

Filing a mesothelioma claim costs nothing upfront. Mesothelioma attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation. The typical contingency fee is 33 to 40% of the settlement amount. Your attorney covers all case expenses, including investigation costs, expert witnesses, and court fees.

What if I don’t know where I was exposed to asbestos?

This is common, as many people do not know where they were exposed to asbestos. Mesothelioma attorneys have access to extensive databases of asbestos-containing products, job sites, and companies. They can help identify your exposure sources even if you don’t remember specific products or locations. The EPA maintains records of asbestos regulations and banned products that can help establish exposure timelines. Product identification experts can show you images of asbestos products from different eras to help jog your memory.

Contact our experienced mesothelioma attorneys or call (833) 997-1947 for a free, no-obligation case review of your specific situation—we’re here to help.