Legal Resources for Mesothelioma Patients

Mesothelioma is almost always caused by asbestos exposure, and many patients are entitled to legal compensation. Understanding your legal rights and options is an important part of managing the financial burden of this disease.

Asbestos Exposure and Liability

  • Mesothelioma is primarily caused by exposure to asbestos
  • Many companies knew about asbestos dangers but failed to protect workers
  • Occupational exposure is the most common cause
  • Secondary (household) exposure can also occur

Types of Compensation Available

  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Loss of consortium (for spouses)
  • Funeral and burial expenses (for wrongful death claims)

You may be entitled to compensation through several legal avenues:

  1. Personal Injury Lawsuits: Claims filed by living mesothelioma patients
  2. Wrongful Death Claims: Claims filed by family members after a patient’s death
  3. Asbestos Trust Fund Claims: Claims against bankruptcy trusts established by asbestos companies
  4. Veterans Benefits: Claims through the VA for veterans with service-related exposure
  5. Workers’ Compensation: State-level compensation for workplace injuries

Asbestos Trust Funds

What Are Asbestos Trust Funds?

Many asbestos companies filed for bankruptcy protection due to mounting lawsuits. As part of bankruptcy proceedings, these companies were required to establish trust funds to compensate future asbestos victims.

Key Information

Number of Trusts

  • Over 60 asbestos bankruptcy trusts currently exist
  • Trusts hold billions of dollars for victim compensation
  • New trusts continue to be established

Trust Fund Claims

  • Can be filed separately or alongside a lawsuit
  • Generally faster than litigation
  • May provide substantial compensation
  • Multiple trust claims often possible (average exposure involves 3-10 asbestos products)

Eligibility Requirements

  • Diagnosis of mesothelioma or asbestos-related disease
  • Proof of exposure to that company’s asbestos products
  • Medical documentation
  • Work history documentation

Statute of Limitations

Trust fund claims have time limits that vary by trust and state:

  • Typically 1-3 years from diagnosis
  • Some trusts have longer filing windows
  • Wrongful death claims have separate deadlines
  • Important: Act promptly to preserve your rights

Finding a Mesothelioma Attorney

Mesothelioma cases are complex and require specialized knowledge:

Specialized Expertise

  • Knowledge of asbestos-containing products and exposure sources
  • Experience with medical aspects of mesothelioma
  • Understanding of industry history and corporate liability
  • Familiarity with asbestos trust funds and claims processes
  • Proven track record in mesothelioma litigation

Resources and Network

  • Access to medical experts and investigators
  • National network of legal professionals
  • Database of asbestos exposure sites and products
  • Financial resources to pursue complex litigation

Questions to Ask When Choosing an Attorney

Experience and Track Record

  1. How many mesothelioma cases have you handled?
  2. What is your success rate and average compensation?
  3. Can you provide references or case examples?
  4. Will you personally handle my case?

Fee Structure

  1. Do you work on a contingency fee basis?
  2. What percentage of recovery is your fee?
  3. What costs will I be responsible for?
  4. What if we don’t win?

Case Approach

  1. How long do mesothelioma cases typically take?
  2. What is your strategy for my specific case?
  3. How will you communicate with me throughout the process?
  4. Do you handle trust fund claims in addition to lawsuits?

Contingency Fee Arrangements

Most mesothelioma attorneys work on contingency:

  • No upfront costs: You pay nothing unless you win
  • Percentage-based fees: Attorney receives a percentage (typically 33-40%) of the settlement or verdict
  • Costs covered: Law firm advances litigation expenses
  • No risk to you: If you don’t recover compensation, you owe nothing

Personal Injury Lawsuits

Filed by living mesothelioma patients

  • Compensation for medical bills, lost income, pain and suffering
  • Filed against companies responsible for asbestos exposure
  • Requires proving causation and liability
  • May result in settlement or trial verdict

Wrongful Death Claims

Filed by surviving family members

  • Compensation for loss of companionship, funeral expenses, lost financial support
  • Filed after patient passes away
  • Typically filed by spouse, children, or estate
  • Separate statutes of limitations apply

Veterans’ Claims

Special considerations for military veterans

VA Benefits

  • Many veterans exposed to asbestos during service
  • Eligible for VA disability compensation
  • Free medical treatment through VA hospitals
  • Dependency and indemnity compensation for survivors

Additional Legal Options

  • Veterans can also file lawsuits and trust fund claims
  • VA benefits do not preclude other compensation
  • Special considerations for Navy veterans (high exposure rates)

Typical Timeline

Initial Consultation (Free)

  • Meet with attorney to discuss your case
  • Review medical records and work history
  • Determine legal options and strategy

Investigation and Filing (1-3 months)

  • Gather evidence and documentation
  • Identify responsible parties
  • File complaint or trust fund claims

Discovery and Negotiations (6-12 months)

  • Exchange of information between parties
  • Depositions and expert testimony
  • Settlement negotiations

Resolution

  • Most cases settle before trial
  • Settlement or trial verdict
  • Compensation distributed to client

What You’ll Need to Provide

Medical Documentation

  • Mesothelioma diagnosis and medical records
  • Pathology reports
  • Treatment history and prognosis

Employment History

  • Complete work history
  • Job descriptions and duties
  • Names of employers and job sites
  • Products and materials worked with

Military Service Records

  • Service dates and locations
  • Job assignments
  • Asbestos exposure documentation

Will I have to go to court? Most mesothelioma cases settle out of court. If court testimony is required, accommodations can be made for your health condition, including depositions at home or via video.

How long will it take? Cases typically resolve within 12-18 months, though some take longer. Trust fund claims may be faster. Your attorney should work efficiently while maximizing your compensation.

Will I pay taxes on compensation? Compensation for physical injury or illness (including mesothelioma) is generally not taxable under federal law. Consult with a tax professional about your specific situation.

Can I file if I don’t know where I was exposed? Yes. Experienced mesothelioma attorneys have extensive resources to help identify exposure sources, even if you don’t remember specific products or locations.

What if the company is out of business? Many asbestos companies filed bankruptcy and established trust funds. You may still be able to file claims against these trusts even if the company no longer exists.

State-Specific Considerations

Legal options and procedures vary by state:

  • Statutes of limitations: Timeframes for filing claims differ by state
  • Burden of proof requirements: Evidentiary standards vary
  • Damage caps: Some states limit compensation amounts
  • Venue rules: Where cases can be filed
  • Workers’ compensation: State-specific systems

Consult with an attorney licensed in your state for specific guidance.

Protecting Your Rights

Important Steps

  1. Act Promptly: Statutes of limitations are strict
  2. Document Everything: Keep medical records, work history, and exposure information
  3. Consult Specialists: Speak with experienced mesothelioma attorneys
  4. Don’t Sign Releases: Avoid signing anything from employers or insurance companies without legal advice
  5. Understand Your Options: Learn about all available compensation sources

Red Flags to Avoid

  • Attorneys who guarantee specific outcomes
  • Requests for upfront fees (reputable mesothelioma attorneys work on contingency)
  • High-pressure tactics
  • Lack of mesothelioma-specific experience
  • Poor communication or unresponsiveness

Additional Resources

For more information about legal aspects of mesothelioma:

External Resources

  • U.S. Department of Labor: Information about workplace safety and asbestos regulations
  • U.S. Department of Veterans Affairs: Veterans benefits for asbestos exposure
  • State Bar Associations: Attorney licensing and disciplinary information

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction, and statutes of limitations apply. Consult with a qualified mesothelioma attorney to discuss your specific situation and legal rights.

Last Updated: December 21, 2025