Mesothelioma Claims

Filing a mesothelioma claim can provide financial security for you and your family.

If you or a loved one has been diagnosed with mesothelioma, filing a claim can hold companies accountable for the asbestos exposure they caused. Compensation from these claims can help cover medical bills, lost wages and other expenses — and offer peace of mind. At ELSM, we believe you deserve justice. We’re here to guide you through the mesothelioma asbestos claim process with compassion and decades of legal experience.

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What Are Mesothelioma Claims?

Mesothelioma claims are legal actions filed by mesothelioma victims or their family members. These claims seek compensation for the financial burdens associated with the disease, such as medical expenses, lost wages and other related costs.

Why Work With Our Asbestos Lawyers

When you work with ELSM, you’re choosing a team with a proven record of success. Here’s what sets us apart:

• Decades of experience: Nearly 100 percent of our resources are dedicated to mesothelioma cases and have been for over 40 years.
• Trusted nationwide: With offices and affiliated law firms across the country, we’ve successfully represented clients in all 50 states.
• Comprehensive support: From asbestos trust fund claims to lawsuits, we handle every aspect of the mesothelioma claims process.
• Compassionate guidance: We understand the challenges you face and are here to support you every step of the way.
• Strong track record: Our attorneys have secured billions of dollars for mesothelioma victims and their families.
• Experienced in talc cases: We have extensive experience in cases involving talc products linked to asbestos exposure.

Our goal is to make the legal process as smooth as possible while fighting for the compensation you deserve.

Mesothelioma Claim Amounts Our Clients Have Won

Mesothelioma claims aim to hold companies accountable and get justice for victims. Here’s a look at some recent mesothelioma settlements we’ve handled and the compensation awarded to victims and their families.

Amount	Location	Occupation
$12.2 million	Ohio	Pipefitter
$9.4 million	Florida	Air Force Veteran
$9.2 million	Virginia	Navy
$8.9 million	California	Construction
$6.2 million	Pennsylvania	Shipyard worker

Filing an Asbestos Claim

A person can be exposed unknowingly to asbestos in either their personal or professional lives. Fortunately, 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.

With more than 40 years of experience, we have extensive knowledge of the companies that manufactured, distributed and supplied asbestos products. Many of them knew of the hazards of asbestos but failed to take precautions to protect or notify workers for decades.

Our attorneys will guide you through the asbestos claims process and appropriate legal steps. Our goal is to seek swift and just compensation for our clients and their families.

Statute of Limitations on Asbestos Claims

The statute of limitations is the window of time within which you must file your mesothelioma claim. It is generally within 1-3 years following the date of diagnosis or death but often varies by state. It’s important to contact a qualified asbestos attorney as soon as possible following a mesothelioma diagnosis so that you do not miss your opportunity to file a claim.

The Typical Mesothelioma Claims Process

The mesothelioma claims process can be confusing, but understanding the typical steps involved can help you and your family navigate this process more effectively.

To begin the process, we suggest a brief introductory meeting with an experienced and reputable mesothelioma attorney. During that meeting, the attorney will:

• Outline the various steps of the legal process
• Address any questions or concerns you may have
• Discuss how you may have been exposed to asbestos

After this introductory meeting, the process will usually proceed as follows:

Phase I: Investigation/Background

A mesothelioma asbestos claim starts with a thorough investigation of your asbestos exposure history, including identifying the products you were exposed to, the locations of exposure and the companies responsible.

Your attorney will immediately collect all medical reports that support your mesothelioma diagnosis. In addition, they will collect work history records, including, but not limited to, union records, documents detailing employment history and service records, including:

• United States Navy
• Coast Guard
• Merchant Marine
• Army
• Air Force
• Etc.

Your attorneys will seek to identify any potential family members, co-workers and/or other product identification. They will also identify witnesses who may be able to assist with your asbestos claim moving forward, if possible.

Phase II: Identifying and Submitting Claims to Asbestos Trusts

Numerous companies have admitted past liability for asbestos exposure and have set up asbestos trusts to compensate qualifying mesothelioma clients. Your attorney will be familiar with these trusts and their requirements for mesothelioma claims submission.

Often compensation through these trusts can be obtained very quickly if your particular case meets each trust’s exposure criteria. An attorney well-versed in working with asbestos trusts is critical to the overall success of your case.

Once your case has been evaluated for potential monetary recovery through asbestos trusts, your attorney will then begin investigation of your case against viable companies who have yet to fully admit their asbestos liability.

Phase III: Complaint Filing

Generally, after an investigation period lasting 30-60 days, your attorney will consider scheduling, process timeframe, settlement history and local laws to determine the proper venue to file your mesothelioma claim. Your attorney has discretion to file in any forum where you have resided, worked or served in the military, as well as in “open forum” states (those states agreeable to allowing non-resident or non-exposure claimants to file).

Once the proper forum is determined, your attorney will file a formal complaint on your behalf. The complaint formally commences the legal process of seeking compensation.

The complaint typically asserts various legal causes of action against the asbestos companies likely responsible for causing or contributing to your diagnosis. The number of asbestos companies (“defendants”) named in the complaint varies based on the specific type and amount of exposure you may have had during your lifetime.

Phase IV: Discovery

Upon the filing of the complaint, the discovery phase commences. Discovery is generally referred to as “proving the case.” Typically, the discovery phase lasts from 3-4 months.

Discovery allows your attorney to present evidence to the defendant asbestos companies which details where, when and how you may have been exposed to a particular asbestos product. Your attorney can present this information in the form of written documents (interrogatories) or oral testimony (deposition) to the defendant asbestos companies. The defendant asbestos companies will also be entitled to present information or documents to your attorney during this period.

Your attorney will also be filing appropriate motions in court during the discovery phase. These motions may include matters such as scheduling or otherwise. Your attorney will likely try to reach some financial settlement(s) for your mesothelioma claim during the discovery phase.

Phase V: Settlement/Trial

Most mesothelioma claims will not go to trial but rather will be resolved in settlements well in advance of the trial date.

Throughout the entire legal process, your attorney will discuss the strengths and weaknesses of seeking trial resolution vs. settlement with the mesothelioma client. Our attorneys value continued client input and respect your right to decide what may be in your best legal interests.

Should a matter proceed to trial, you'll have an experienced, qualified attorney prepared to represent you.

Phase VI: Appeal

After a trial decision, a defendant asbestos company may seek further review of an adverse decision. This review is called an appeal. Our attorneys are experienced, qualified and prepared to handle potential appeals.

Any settlements reached are final and cannot be appealed.

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How Long Do Asbestos Claims Take?

On average, asbestos claims can take a few months to over a year. The length of time it takes to resolve an asbestos claim depends on several factors, such as the type of claim, the companies involved and the complexity of your case. Trust fund mesothelioma claims tend to be quicker, while lawsuits might take longer, especially if they go to trial.

At ELSM, we understand how important it is to receive compensation quickly. We work hard to move your case forward so you can get the financial relief you need to cover medical bills and other expenses. Our focus is on helping you secure compensation as fast as possible while giving you more time to spend with your loved ones.

Types of Asbestos Lawsuits

Your mesothelioma attorney will help you understand the various types of asbestos lawsuits and the best course of action for your case, including the following:

Personal Injury Lawsuits

Personal injury lawsuits are filed by individuals who have been diagnosed with mesothelioma due to asbestos exposure. These lawsuits seek compensation for medical expenses, lost wages and pain and suffering.

Wrongful Death Lawsuits

Wrongful death lawsuits are filed by the family members of a deceased mesothelioma patient. This type of lawsuit helps recover compensation for funeral costs, lost income and emotional suffering. If your loved one’s death was caused by asbestos exposure, an attorney can help your family pursue an asbestos claim after death.

Types of Mesothelioma Claims

In addition to lawsuits, there are several types of mesothelioma claims, including asbestos trust fund claims and Veterans Affairs claims.

Asbestos Trust Fund Claims

Asbestos trust fund claims are filed against the trust funds established by companies that manufactured asbestos-containing products. This type of mesothelioma asbestos claim can be a good option to receive financial support without going to court. An attorney can help you determine which trust funds to make a claim against and navigate the process.

VA Claims

Veterans who were exposed to asbestos during their military service may be able to file mesothelioma cancer claims with the Veterans’ Administration (VA). VA benefits can include monthly compensation, healthcare and other forms of support.

Average Compensation Amounts

Average compensation for mesothelioma victims typically ranges from $1 million to $1.4 million. This amount varies widely based on several factors, including the type of claim filed, the extent of the asbestos exposure and the severity of the disease.

For more detailed information on compensation amounts, learn about recent mesothelioma settlements that our firm has secured.

Finding the Right Mesothelioma Lawyer

Choosing the right mesothelioma law firm for your asbestos claim is the first step to achieving justice. An experienced attorney can guide you through the complex claims process, help you understand your legal rights and work to secure the maximum compensation for your case.

When choosing an attorney, consider their experience in handling mesothelioma cases, their track record of success and their understanding of asbestos law. A good attorney will not only help you navigate the legal process but also provide the support and guidance you need during this challenging time.

Frequently Asked Questions

How long do mesothelioma claims take?

The length of the mesothelioma claims process can vary widely. It can take several months to several years, depending on various factors such as the complexity of the case, the number of companies involved and whether the case goes to trial or settles out of court.

How much is a mesothelioma claim worth?

The value of a mesothelioma claim depends on several factors, including the severity of the disease, the extent of the asbestos exposure, the type of claim filed and the laws of the state where the claim is filed. However, successful claims can result in significant compensation that can help cover medical expenses, lost wages and other related costs. Average compensation for mesothelioma victims typically ranges from $1 million to $1.4 million.

What are the claims for mesothelioma cases?

Claims for mesothelioma cases typically seek compensation for the financial burdens associated with the disease. This can include medical expenses, lost wages, pain and suffering, loss of consortium and other related costs. The specific claims will depend on the circumstances of the case and the laws of the state where the claim is filed.

Are there time limits for filing mesothelioma claims?

Yes, there are time limits, called statutes of limitations, for filing mesothelioma claims. These timeframes vary by state and typically range from one to three years after diagnosis or a loved one’s death. It’s important to act quickly — missing these deadlines could prevent you from receiving compensation.

Can multiple claims be filed if you’re exposed to asbestos from several sources?

Yes, you can file multiple mesothelioma claims if you were exposed to asbestos from more than one company or product. This includes claims against trust funds, lawsuits and VA benefits. A skilled attorney will help identify all responsible parties to ensure you receive the maximum compensation available.

What costs are covered in a mesothelioma settlement?

Mesothelioma settlements can cover medical expenses, lost wages, pain and suffering and related costs like travel for treatment. Some settlements also include compensation for future medical needs and caregiving expenses. In wrongful death cases, settlements often cover funeral costs and loss of income for surviving family members.

How do I prove asbestos exposure in a mesothelioma claim?

Proving asbestos exposure requires detailed information about your work history, job sites and the products you used. Your attorney will gather evidence, including employment records, witness statements and product documentation, to link your exposure to specific companies. This evidence strengthens your case and helps secure compensation.