Mesothelioma & Asbestos Lawsuit FAQ

Frequently Asked Questions

What is mesothelioma?

Mesothelioma is a rare and aggressive cancer that develops in the thin tissue (mesothelium) that covers internal organs. It is caused almost exclusively by asbestos exposure. There are several types based on location: pleural (lungs), peritoneal (abdomen), pericardial (heart), and testicular.

How is mesothelioma diagnosed?

Mesothelioma is typically diagnosed through:

• Imaging tests (X-ray, CT, MRI, PET scan)
• Biopsy (tissue sample examined under microscope)
• Pathology examination to identify mesothelioma cells
• Immunohistochemistry to confirm the diagnosis

The diagnosis must be confirmed by pathology before legal action can proceed.

How long after asbestos exposure does mesothelioma develop?

Mesothelioma has a long latency period — symptoms typically don't appear until 20 to 50 years after asbestos exposure. This is why most patients are diagnosed in their 60s, 70s, or 80s after exposure decades earlier.

Who is at risk for mesothelioma?

People at highest risk include:

• Construction workers (insulators, plumbers, electricians)
• Shipyard and Navy workers
• Auto mechanics (brake and clutch work)
• Power plant workers
• Steel workers and boilermakers
• Family members of asbestos workers (secondary exposure)
• Veterans (especially Navy)

My exposure was decades ago — can I still file?

Yes. The statute of limitations runs from diagnosis, not exposure. Most mesothelioma cases involve exposure that occurred 30-50 years before diagnosis. Old exposure is not a barrier to filing.

How much can I receive?

Mesothelioma cases typically have substantial settlements:

• Average settlement: $1 million to $2.4 million
• Average jury verdict: $5 million to $11 million
• Trust fund payments: Additional $200K to $1M+ from multiple trusts

Most plaintiffs receive compensation from multiple sources.

What are asbestos trust funds?

When companies that profited from asbestos products went bankrupt due to litigation, courts created trust funds to compensate current and future victims. There are 60+ asbestos trusts holding over $30 billion. Plaintiffs can file claims with multiple trusts, often receiving compensation from each.

How are trust funds different from lawsuits?

Aspect	Lawsuits	Trust Funds
Defendant	Solvent companies	Bankrupt companies' trusts
Process	Court litigation	Claim submission
Time	1-3 years	6-18 months
Amount	$1M+ typical	$40K-$300K+ per trust
Trial possible	Yes	No

Most plaintiffs pursue both lawsuits and trust fund claims for maximum compensation.

How much does it cost to file a mesothelioma lawsuit?

Nothing upfront. Mesothelioma attorneys work on contingency — they receive a percentage of any compensation. If there is no recovery, you owe nothing. Most fees range from 33-40%.

How long will my case take?

Mesothelioma cases are typically expedited due to patient health concerns:

• Settlement: Many cases settle within 6-18 months
• Trial: If needed, often within 1-2 years
• Trust funds: 6-18 months processing

Will I have to testify?

If your case goes to trial or deposition, you may need to testify. However, due to patient health, attorneys typically:

• Take early testimony (depositions) to preserve evidence
• Travel to your location if you cannot travel
• Accommodate your medical needs
• Prioritize your comfort

Can family members file?

Yes. If you're unable to manage the case due to illness, family members can assist. If you pass away during the litigation, surviving family members can continue with wrongful death claims.

I'm a Navy veteran — what about VA benefits?

Navy veterans have particularly high rates of mesothelioma due to extensive asbestos use on ships. You can receive:

• VA disability compensation for service-connected mesothelioma
• VA health care for treatment
• Lawsuit compensation (separate from VA benefits)
• Trust fund payments

VA benefits do NOT prevent or reduce lawsuit compensation.

My loved one died from mesothelioma — can I file?

Yes. Wrongful death claims can be filed by:

• Spouse
• Children
• Other dependents

These cases often have substantial value. The attorney can also pursue lost compensation that would have gone to the deceased.

What evidence do I need?

Helpful evidence includes:

• Medical records confirming mesothelioma diagnosis
• Pathology report
• Employment history (places worked, dates, job duties)
• Witness names (co-workers who can confirm exposure)
• Military service records (if applicable)
• Family history of secondary exposure

Don't worry if you don't have everything — your attorney will help gather information.

What if I worked at multiple jobs over my career?

This is normal and actually helpful. Multiple exposure sources mean multiple potential defendants and trust fund claims. Your attorney will research each job site for asbestos products and corresponding companies.

What if my employer is no longer in business?

Many former asbestos manufacturers and employers are bankrupt. This is exactly what asbestos trust funds were created for. Your attorney can identify which trusts apply to your exposure history.

Can I file if I have asbestos lung cancer (not mesothelioma)?

Yes. Asbestos can also cause lung cancer. While the cases are different from mesothelioma claims, asbestos lung cancer is also compensable, especially with documented exposure history.

What if I have asbestosis (lung scarring) but not cancer?

Asbestosis is also compensable. Many plaintiffs file claims for asbestosis and may also be eligible for cancer claims later if they develop mesothelioma or lung cancer.

Are mesothelioma cases still being filed?

Yes. Despite decades of litigation, new mesothelioma cases are filed every year as people exposed in the 1960s-1980s reach their latency period and develop the disease. The litigation will continue for many years.

What if I was exposed to asbestos through my spouse's clothing?

Secondary or "take-home" exposure cases are well-established. Family members of asbestos workers can develop mesothelioma from contact with contaminated work clothes. These cases are recognized and compensable.