Your Legal Rights

You have the right to pursue compensation from the companies responsible for your asbestos exposure.

Mesothelioma is caused by the inhalation of asbestos particles from dusty environments. Many exposures occurred at jobsites, where companies that produced or distributed asbestos knew of its dangers.

Our justice system allows those suffering from Mesothelioma to seek compensation from the manufacturers of asbestos and asbestos-containing products, compensation that is necessary for medical and personal needs.

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Mesothelioma Compensation

Mesothelioma victims may be entitled to significant compensation from companies whose asbestos-containing products they were exposed to. These companies include industrial and cosmetic product manufacturers; many of whom were aware of the dangers of asbestos that was in their products. Compensation can be sought through avenues including lawsuits, asbestos trust fund claims, worker’s compensation and VA benefits.

Mesothelioma compensation offers peace of mind to victims and families during a difficult time. It can be used to cover medical expenses associated with a diagnosis, travel costs and more. It can also provide financial security for families when a loved one is no longer able to work.

Filing a Mesothelioma Lawsuit

A mesothelioma lawsuit must be filed to seek compensation from any solvent company that exposed a mesothelioma victim to asbestos. The lawsuit can be filed by the living victim or by loved ones if the victim is deceased. Most mesothelioma lawsuits are settled before trial with very little time or effort required of the victim or their family.

The attorneys at Early, Lucarelli, Sweeney & Meisenkothen (ELSM) have more than 40 years of experience filing asbestos and mesothelioma lawsuits. We make it a priority to make the process as simple and easy as possible so that our clients have time and resources to focus on family and recovery.

What are Mesothelioma Claims?

Mesothelioma claims are legal actions filed on behalf of mesothelioma victims or their family members against the companies responsible for the victims’ past exposure to asbestos. Filing a mesothelioma claim can provide compensation to alleviate the significant financial burden that patients often face including high medical treatment expenses, lost wages, travel costs and more.

Claims can be made against both solvent and bankrupt companies. Mesothelioma claims are pursued through lawsuits, trust fund claims and worker’s compensation claims against current or former employers. Our lawyers are ready to answer your questions, offer a free case evaluation and assist with filing your mesothelioma claim.

Asbestos Trust Funds

There are over 60 asbestos trusts with billions of dollars set aside between them to compensate mesothelioma victims. Oftentimes, clients need not even file a lawsuit or undergo a deposition to receive substantial compensation through these bankruptcy trusts. This section contains a comprehensive list of bankruptcy trusts that have been or are in the process of being set up.

ELSM Law has a database containing tens of thousands of asbestos-containing products and jobsites where these products were known to have been used. We use technology and our knowledge of asbestos products to match our clients’ past occupations and jobsites with qualifying trusts.

Some of the most prominent asbestos trusts include:

Prominent Active Trusts	Approximate Mesothelioma Payout*	Asbestos Products
Armstrong World Industries	$46,800	Insulation / Floor Tile Products
Babcock & Wilcox	$20,800	Boilers / Refractories
Bondex	$38,400	Joint Compound
Combustion Engineering	$37,000	Boilers / Refractories
Flintkote	$45,400	Flooring, Fiber Supply, and More
Garlock	$24,200	High-Heat Gasket, Packing Materials
Halliburton	$49,800	Pumps
Harbison Walker	$102,800	Refractory and Other Products
J.T. Thorpe, Inc.	$62,500	Insulation / Refractory / Boiler Contractor
Johns-Manville	$25,100	Raw Asbestos
NARCO	$82,200	Refractory Cement, Boiler Products
National Gypsum Company	$22,200	Drywall Related
Owens Corning	$48,700	Insulation
Owens-Illinois	$51,100	Insulation
Pittsburgh Corning	$66,800	Insulation
United States Gypsum	$92,900	Drywall Related
W.R. Grace	$75,200	Commercial Construction Products
Western MacArthur	$217,300	Various Insulation Supply, Contracting

VA Benefits

United States veterans were once commonly exposed to asbestos and make up a disproportionately high number of mesothelioma diagnoses each year. In addition to receiving financial compensation from a civil lawsuit, United States Veterans diagnosed with mesothelioma are also entitled to receive certain Veterans Administration-related ("VA") benefits. ELSM Law has VA-accredited attorneys who help mesothelioma clients file VA claims at no cost.

Veterans Affairs benefits are not affected in any way if a veteran diagnosed with mesothelioma decides to file a lawsuit or asbestos trust fund claims against the manufacturers of asbestos-containing products. Kyle Navin
ELSM attorney accredited with the Veterans Administration (VA)

Workers' Compensation

If past asbestos exposure on-the-job led to a mesothelioma diagnosis, the injured worker may be eligible for workers’ compensation benefits. Different states and industries have different workers’ compensation laws and rules. Many states have caps on workers’ compensation, so it is important for a mesothelioma victim to consult with an experienced mesothelioma law firm to maximize each type of compensation available.

Statute of Limitations for Asbestos Claims

Those diagnosed with mesothelioma, or their family members, may be eligible for financial compensation. It is important to note that each state has its own statute of limitations governing the amount of time that an injured party may file a personal injury claim after their diagnosis or a loved one can file a wrongful death claim on behalf of a deceased family member. Once the statute of limitations has expired, a lawsuit and asbestos trust claims can no longer be filed.

The statute of limitations that applies to each mesothelioma case is not based solely on where the victim lives. A case may be filed in multiple states based on several factors including past residencies, where the victim worked around asbestos-containing products or where the companies that made the asbestos-containing products were headquartered. An experienced mesothelioma lawyer is best equipped to determine which state is most advantageous in which to file a mesothelioma lawsuit and thus which state’s statute of limitation applies to the case.

I am very pleased with Early, Lucarelli, Sweeney & Meisenkothen and feel that they have always had my best interest at heart. Whenever I have had questions to be answered, I could (and can) count on prompt answers… Shirley Lamphere

Filing Asbestos Claims After Death

It is never easy to have a death in the family. If a loved one dies from mesothelioma, families may also face unexpected financial burdens. The family has the right to seek compensation through a wrongful death claim to help cover funeral costs, outstanding medical bills and lost income.

Typically, a lawsuit must be filed by a close family relative, meaning that the deceased’s spouse, children and parents have the right to file. Estate representatives, who are either named in the will or appointed by the court, can sometimes file claims on behalf of the estate if no immediate family members are available. It is important to consult an experienced mesothelioma attorney about the statute of limitations that will apply to the case.