This is an image of a client filing a personal injury lawsuit at home

Personal Injury Lawsuits

A personal injury lawsuit allows you to seek compensation from the companies responsible for your asbestos exposure during an already difficult time. These personal injury claims may help cover medical bills, lost income, and the physical and emotional impact of mesothelioma.

If you’ve been diagnosed, filing a personal injury claim may help ease financial pressure so you can focus on your health and what matters most.

What Is a Mesothelioma Personal Injury Lawsuit?

A common question is, “Is mesothelioma a personal injury?” The answer is yes. When mesothelioma is caused by asbestos exposure, it qualifies as a personal injury under the law.

A mesothelioma personal injury lawsuit is filed by a living patient against companies that produced, used, or distributed asbestos-containing products. These personal injury cases are based on legal theories such as negligence and strict liability. These lawsuits hold asbestos product manufacturers and suppliers accountable for failing to warn about the dangers of their products. In most cases, you’re not suing your former employer. You’re pursuing compensation from the companies that made the hazardous materials your employer used.

In fact, mesothelioma often develops 20 to 50 years after asbestos exposure, which helps explain why many people are diagnosed long after asbestos use declined. Exposure continued through the 1970s and beyond, forming the basis for many lawsuits filed today.

It’s also important to understand that personal injury lawsuits are different from wrongful death claims, which are filed by family members after a patient passes away. If a patient passes away during an active personal injury lawsuit, the case can typically be converted to a wrongful death claim by family members.

If you’ve been diagnosed with mesothelioma and believe you have a personal injury case, connect with a legal specialist to receive a fair case evaluation and find out about your options. If you’re still not sure if you qualify for legal compensation, read more about personal injury cases below.

This is an image representing a person with an injury.

Who Can File a Mesothelioma Personal Injury Lawsuit?

A personal injury lawsuit must be filed by the diagnosed patient themselves. This is what distinguishes a personal injury case from a wrongful death claim, which is brought by surviving family members after death.

As long as the patient is alive and meets eligibility requirements, they may pursue a lawsuit for mesothelioma against responsible asbestos companies.

Eligibility Requirements

To file a personal injury claim, patients typically need three key documents:

  1. A confirmed mesothelioma diagnosis
  2. A physician’s statement linking the disease to asbestos exposure
  3. A summary of where and how exposure occurred

The statute of limitations for a personal injury claim varies by state and usually begins at the time of diagnosis. Because deadlines vary, it is important to understand how to file your claim as early as possible. Doctors, former employers, coworkers, and experienced attorneys can often help gather documentation and evidence of exposure.

Common Exposure Scenarios

Mesothelioma patients were exposed to asbestos in many different ways, including:

    • Occupational exposure in construction, manufacturing, shipyards, power plants, and industrial sites
    • Unexpected occupations, such as teachers, janitors, mechanics, or cooks, working in asbestos-containing buildings

Veterans represent a significant portion of mesothelioma patients. Military service members were frequently exposed aboard ships, in barracks, and during equipment maintenance. Veterans may file lawsuits against asbestos manufacturers, not the military or VA, and pursuing legal action does not affect VA benefits.

Where exposure occurred matters less than whether it occurred. If you were exposed to asbestos and later diagnosed, you may be eligible for compensation.

Financial Assistance for Treatment

Compensation and Settlements for Personal Injury Suits

Another common question is, “Do you get compensation for mesothelioma?” In many cases, yes.

Asbestos exposure compensation may include both economic and non-economic damages, such as:

  • Medical treatment and ongoing care
  • Lost wages and reduced earning capacity
  • Travel and caregiving expenses
  • Pain and suffering
  • Emotional distress
  • Loss of quality of life
  • Loss of consortium for spouses

Compensation is typically paid by companies that manufactured or used asbestos products. Many of these companies filed for Chapter 11 bankruptcy and were required to establish asbestos trust funds to compensate current and future patients. Claims may involve multiple defendants, since asbestos was used across many industries, and can often be resolved through personal injury settlements rather than trials, with each responsible party contributing to the settlement.

How to File a Personal Injury Lawsuit

If you’re wondering how to file a personal injury lawsuit, the process is typically handled step by step with help from an experienced mesothelioma attorney. Each personal injury case is filed individually, giving you greater control and allowing your situation to be evaluated on its own facts.

In most cases, the process involves:

  1. A consultation to review your diagnosis and asbestos exposure history
  2. Gathering medical records and exposure evidence
  3. Filing the personal injury claim on your behalf
  4. Discovery and case development
  5. Settlement negotiations or, if needed, a trial

Most mesothelioma attorneys work on a contingency fee basis. This means there are no upfront costs, and legal fees are only paid if compensation is recovered. A free case evaluation can help you understand whether you’re eligible to file a personal injury claim and what your next steps may look like.

Many mesothelioma cases are resolved within 12 to 18 months, though timelines can vary based on case complexity and the defendants involved. Settling before trial often helps reduce stress while allowing families to access compensation sooner.

An attorney can also explain how personal injury compensation may be pursued through lawsuits, trust fund claims, or a combination of both.

Next Steps for Exposed Workers

If you’ve been diagnosed with mesothelioma, you may be eligible for compensation through a personal injury lawsuit. Filing a claim can be overwhelming, and it’s normal to feel unsure about what to do next. The important thing to know is that help is available.

A free mesothelioma guide can help you better understand your diagnosis, treatment options, and legal rights. You can also request a free case evaluation to speak with specialists who can review your situation, explain potential compensation, and help you understand your next steps. Experienced specialists are ready to help you understand your rights and move forward with clarity and confidence.

Author Lauren O'Donnell

Lauren is a copywriter dedicated to producing clear and trustworthy content for patients and their families. With a focus on accuracy and accessibility, Lauren works to make complex medical information easier to navigate and understand.

Sources

Centers for Disease Control and Prevention (CDC). Malignant Mesothelioma — United States. Retrieved January 26, 2026, from https://www.cdc.gov/mmwr/volumes/66/wr/mm6608a3.htm

American Cancer Society. Malignant Mesothelioma. Retrieved January 26, 2026, from https://www.cancer.org/cancer/types/malignant-mesothelioma.html