Mesothelioma Claims Lawyers

Mesothelioma is a cancer of the mesothelium — the thin layer of tissue that lines the chest and abdominal cavities and covers most internal organs. Pleural mesothelioma, which develops in the lining around the lungs, is the most common form; peritoneal mesothelioma develops in the lining of the abdomen. The disease is caused by exposure to asbestos, and it typically appears decades after the exposure that caused it.

Asbestos exposure. Asbestos is a group of naturally occurring fibrous minerals that were used widely in insulation, cement and other building materials, floor and ceiling tiles, roofing, gaskets and packing, brake and clutch friction products, and shipbuilding. When asbestos-containing material is cut, sanded, torn out, or otherwise disturbed, fibers are released into the air and can be inhaled or swallowed. Those fibers can remain in the body permanently.

A person diagnosed with mesothelioma or another asbestos-related disease can bring a claim in their own name. If the person has died, a claim is usually brought by the estate or by surviving family members — as a wrongful death claim, a survival claim, or both, depending on which state’s law governs. Exactly who has standing to sue, and what they can recover, is set by that state’s statute.

There is usually more than one route. Civil claims are brought against the companies responsible for the exposure — commonly the manufacturers and suppliers of asbestos-containing products, and sometimes premises owners. Separately, many asbestos defendants reorganized in bankruptcy and were required to fund trusts to pay asbestos claimants; claims against those trusts are made through a filing process rather than a lawsuit. Veterans exposed during military service may also be eligible for VA benefits, which are separate from any civil claim.

Filing deadlines are set by each state’s statute of limitations, and they vary. In asbestos cases the clock commonly runs from the date of diagnosis rather than the date of exposure, because the disease appears so long after the exposure that caused it. Deadlines for wrongful death claims generally run from the date of death and can differ from the deadline that applied during the person’s lifetime. Because the applicable deadline depends on the state, speak with a lawyer as early as you can.

No — not at the outset. Most people do not know which products they encountered, and asbestos content was rarely obvious at the time. The exposure history is reconstructed during the investigation from employment records, union and Social Security records, product identification evidence, and the recollections of the person diagnosed along with co-workers and family. Anything you can write down early — employers, job sites, trades, dates, and the work itself — makes that reconstruction easier.

Nothing up front. Asbestos matters are handled on a contingency fee basis: there is no legal fee unless the case recovers. Case costs are advanced by the firm and reimbursed out of any recovery, not paid by you during the case. The specific fee and cost terms are set out in the written engagement agreement before any work begins.