When a person is diagnosed with mesothelioma, or when a family loses a loved one to this disease, many questions arise about legal options. Mesothelioma is almost always caused by exposure to asbestos, and the companies that manufactured or distributed asbestos products may be held responsible. Understanding the two main types of civil claims — personal injury lawsuits and wrongful death lawsuits — can help patients and families make informed decisions.
Personal Injury Lawsuits for Mesothelioma Patients
A personal injury lawsuit is filed by the person who has been diagnosed with mesothelioma. The goal of this type of claim is to seek compensation for the harm caused by asbestos exposure. Common damages sought in these cases include medical expenses, lost income, and pain and suffering. In many states, the patient must file the lawsuit within a certain time limit, known as the statute of limitations, which typically begins on the date of diagnosis.
Because mesothelioma can take decades to develop after exposure, many states have special rules that allow the filing window to start when the disease is discovered rather than when exposure occurred. An attorney who handles asbestos cases can explain the specific deadlines that apply in a given state.
Wrongful Death Lawsuits After a Mesothelioma Death
When a person dies from mesothelioma, their surviving family members may be able to file a wrongful death lawsuit. This type of claim is brought by the estate or by certain family members, depending on state law. Wrongful death claims seek compensation for losses suffered by the family, such as funeral and burial expenses, loss of financial support, and loss of companionship or consortium.
Each state has its own rules about who may file a wrongful death claim and how long they have to do so. In most states, the time limit begins on the date of death rather than the date of diagnosis. Families should be aware that these deadlines are often shorter than they expect, so prompt action is important.
Who Can Be Held Responsible
Many different types of companies may bear responsibility for asbestos exposure. These can include manufacturers of asbestos-containing products, distributors, suppliers, contractors, and employers in industries where asbestos was used. In some cases, multiple companies may be named as defendants in a single lawsuit. Because many asbestos companies have gone bankrupt over the years, some claims are handled through asbestos trust funds rather than traditional lawsuits. These trusts were established to compensate people harmed by asbestos, and they may be available to both patients and surviving family members.
How a Mesothelioma Attorney Can Help
Mesothelioma cases are complex and differ from ordinary personal injury claims. An attorney who focuses on asbestos litigation can help identify where and when exposure occurred, determine which companies or trusts may be liable, and gather the medical and occupational records needed to support a claim. Most mesothelioma attorneys work on a contingency fee basis, meaning they are paid only if the case results in a settlement or award. This arrangement allows patients and families to pursue legal action without paying upfront legal fees.
Practical Steps for Patients and Families
- Gather medical records that confirm the mesothelioma diagnosis and document treatment.
- Write down a detailed work and residence history, including dates, employers, and any products or materials that may have contained asbestos.
- Keep records of any military service, as many veterans were exposed to asbestos in ships, vehicles, and buildings.
- Consult with an attorney promptly, even if you are unsure whether you have a valid claim, because deadlines vary by state.
- Ask about the possibility of filing claims with asbestos trust funds in addition to or instead of a lawsuit.
Pursuing a legal claim cannot undo the harm caused by asbestos, but it can provide financial resources for medical care, household expenses, and family security. Every case is different, and outcomes depend on the specific facts, the laws of the state where the claim is filed, and the evidence available. Families are encouraged to speak with a qualified attorney to understand their options and the steps involved.
