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Overview of Asbestos Lawsuits
Understanding the Legal Basis for Asbestos Lawsuits
Asbestos exposure is the only known cause of mesothelioma. For decades, manufacturers and employers failed to protect workers from the dangers of this mineral—despite knowing the risks. As a result, mesothelioma victims and their families have legal rights to seek justice.
Filing a lawsuit is not just about compensation. It holds negligent companies accountable and helps cover the overwhelming costs associated with this rare and aggressive cancer.
Types of Claims: Personal Injury vs. Wrongful Death
There are two primary types of legal claims typically brought in mesothelioma lawsuits:
- Personal Injury Lawsuits: Filed by those currently diagnosed with mesothelioma. These claims seek to recover medical expenses, lost wages, and pain and suffering. Should the mesothelioma victim pass away, these claims become what is commonly known as “survival claims” which survive their passing.
- Wrongful Death Claims: Filed by surviving spouses or family members after a loved one has passed from mesothelioma. These claims help cover funeral costs, loss of financial support, and emotional loss.
Each state has strict filing deadlines, so it’s essential to act quickly after diagnosis or loss.
For a deeper look at how asbestos lawsuits work—and what to expect throughout the legal process—visit our page on Overview of Asbestos Lawsuits.
Finding an Experienced Mesothelioma Lawyer
Why Choosing the Right Attorney Matters
Mesothelioma cases are unlike other personal injury lawsuits. They often involve exposure from decades ago, multiple companies, and complex legal and scientific issues. An experienced asbestos attorney understands how to build these cases and navigate trust funds, settlements, and court filings.
Qualities to Look for in a Mesothelioma Lawyer
When evaluating legal help, look for an attorney who:
- Has a proven track record in asbestos litigation
- Offers nationwide representation with local support
- Works on a contingency-fee basis (you pay nothing unless you win)
- Demonstrates genuine care and communication throughout the case
How to Interview a Mesothelioma Lawyer
Before hiring a lawyer, ask these important questions:
- How many mesothelioma cases have you handled?
- Have you worked with clients exposed at my job site?
- How involved will I need to be in the process?
- How do you communicate with your clients?
Our page on Finding an Experienced Mesothelioma Lawyer will help you evaluate legal counsel, ask the right questions, and feel confident about your choice.
Compensation Options for Victims
Mesothelioma Settlements and Asbestos Trust Funds
Many mesothelioma cases involve claims against solvent companies in the court system and may also include claims with asbestos bankruptcy trusts that occur outside of litigation.. An experienced mesothelioma attorney will evaluate what litigation claims to bring, the best jurisdiction for litigation as well as asbestos bankruptcy trust claims that will be brought.
Veterans’ Benefits for Mesothelioma
Veterans—especially Navy veterans—were frequently exposed to asbestos aboard ships and in shipyards. If you served in the military and now face a mesothelioma diagnosis, you may be eligible for:
- VA disability compensation
- VA healthcare benefits
- Legal claims against asbestos manufacturers
Filing a VA claim does not prevent you from seeking additional compensation through lawsuits or trust funds.Visit our Compensation Options for Victims page for a breakdown of how compensation works and what to expect.
Mesothelioma Support and Resources
Support Groups and Organizations
Dealing with a mesothelioma diagnosis is emotionally challenging. Thankfully, several national organizations offer support, resources, and advocacy for patients and families:
- Mesothelioma Applied Research Foundation (MARF)
- Asbestos Disease Awareness Organization (ADAO)
- American Cancer Society (ACS)
- VA Caregiver Support Program
Support groups can help connect you with others facing similar journeys, provide practical caregiving advice, and help you stay updated on treatment breakthroughs.
Next Steps: Free Case Review
You don’t have to navigate this alone. DuBose Law Firm is here to guide you—every step of the way.
- Schedule a free consultation
- Learn your options
There’s no cost to speak with an attorney. We’re ready when you are.
Frequently Asked Questions (FAQ)
What’s the deadline to file a mesothelioma lawsuit?
The deadline or statute on limitations varies by state and case specific facts. But time is of the essence to act quickly. Contact and attorney to determine what deadline applies to your case.
Can I sue if the company responsible is bankrupt?
Yes. There may be multiple responsible companies and you may be eligible for asbestos trust fund compensation. An experienced mesothelioma lawyer can evaluate your facts to determine potential responsibe parties.
Can veterans file both a VA claim and a lawsuit?
Yes. You can receive VA benefits and sue asbestos manufacturers.
Do I have to travel to file a claim?
No. Most claims be handled by an attorney without requiring travel on your part.
How fast will I receive compensation?
Some trust claims may resolve within 3–6 months of filing. Lawsuits take longer. Trial settings can often be obtained within 1 year for living claimants.