Asbestos exposure has caused thousands of people in the United States to suffer from mesothelioma, lung cancer, and other serious illnesses. If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, filing a lawsuit with the help of an experienced mesothelioma attorney can help you receive compensation for your medical bills, lost wages, pain, and suffering.
This article will guide you step-by-step through how to file an asbestos lawsuit in the USA — from choosing the right attorney to getting your compensation.
What Is an Asbestos Lawsuit?
An asbestos lawsuit is a legal action taken by individuals who were exposed to asbestos and developed health problems such as mesothelioma, lung cancer, or asbestosis. These lawsuits are typically filed against manufacturers, employers, or companies that knowingly exposed workers to harmful asbestos materials.
There are two main types of asbestos lawsuits:
- Personal Injury Lawsuit – Filed by the person who has been diagnosed.
- Wrongful Death Lawsuit – Filed by surviving family members if the person has passed away due to asbestos-related disease.
Step-by-Step: How to File an Asbestos Lawsuit with a Mesothelioma Attorney
Step 1: Get a Mesothelioma Diagnosis from a Qualified Doctor
Before anything else, you must receive a confirmed medical diagnosis of mesothelioma or another asbestos-related illness. This step is essential because:
- It proves the disease is present.
- It links the illness to asbestos exposure.
- It provides a medical timeline, which helps determine when and where exposure occurred.
Step 2: Contact an Experienced Mesothelioma Attorney
This is one of the most important steps. A general attorney may not be familiar with asbestos litigation. You need a specialized mesothelioma lawyer who:
- Has a track record of handling asbestos cases.
- Knows the statute of limitations for your state.
- Understands how to identify liable companies.
- Has access to asbestos trust funds and previous case evidence.
Many top mesothelioma law firms offer free consultations and only charge fees if they win your case (contingency basis).
Step 3: Gather Documentation and Evidence
Your attorney will help you collect all necessary documents, which may include:
- Medical records (diagnosis, treatments, prognosis)
- Employment history (where and when you worked)
- Military service records (for veterans exposed to asbestos)
- Product exposure history (tools, construction materials, insulation, etc.)
- Witness testimonies (co-workers, friends, supervisors)
This step is critical because asbestos exposure often occurred decades ago, and strong evidence can be difficult to find without legal help.
Step 4: Determine the Appropriate Jurisdiction and Defendant
The attorney will determine where to file the lawsuit — which could be:
- The state where exposure occurred
- The state where the defendant company is located
- The state where the plaintiff lives
The lawyer will also identify the defendants. This could be:
- Former employers
- Asbestos product manufacturers
- Distributors or contractors
In some cases, more than one company may be liable.
Step 5: File the Lawsuit or Asbestos Trust Fund Claim
Depending on your situation, your attorney may advise one of two legal routes:
a) Lawsuit Against a Company
If the liable company is still in business, your lawyer will file a personal injury lawsuit.
b) Claim Against an Asbestos Trust Fund
Many asbestos companies have gone bankrupt but were required by courts to set up asbestos trust funds to compensate victims. There are over $30 billion available in these trusts.
Your attorney can help you file claims with one or more trust funds. These claims are often faster than lawsuits.
Step 6: The Discovery Process
After filing, the discovery process begins. This involves:
- Your lawyer submitting evidence to the defense.
- The defense requesting documents or testimony.
- Depositions (sworn testimony out of court).
This phase can take several months, but your lawyer will handle the majority of the legal burden.
Step 7: Settlement or Trial
Most asbestos lawsuits settle out of court, which is often faster and less stressful for the victim and family.
- Settlements can range from $1 million to $2.4 million depending on the case.
- If no settlement is reached, your case may go to trial, where a jury could award even higher compensation.
Your lawyer will guide you in deciding whether to accept a settlement or proceed to court.
Special Considerations for Veterans
If you’re a U.S. military veteran, especially Navy, you might have been exposed to asbestos aboard ships or in military housing. A mesothelioma attorney can help you:
- File a VA claim for disability benefits.
- Pursue compensation from private companies (e.g., manufacturers of asbestos products used by the military).
This process does not affect your VA benefits and can be done simultaneously.
Statute of Limitations: Don’t Wait Too Long
Each state has a time limit for filing asbestos claims, usually 1 to 3 years from diagnosis or death. Missing this deadline can result in your case being dismissed.
A mesothelioma attorney will help ensure your case is filed on time.
Why You Need a Mesothelioma Attorney
- They understand asbestos litigation, which is highly specialized.
- They can track down historic exposure records.
- They have access to asbestos trust funds.
- They will handle the paperwork, negotiations, and legal strategy.
- They can fight for maximum compensation for medical bills, pain and suffering, and lost income.
How Long Does an Asbestos Lawsuit Take?
On average:
- Trust fund claims: 3–6 months
- Settlements: 6–12 months
- Trial verdicts: 12–24 months
Your health and stage of illness may speed up the process, as courts often prioritize mesothelioma patients.
Compensation You May Be Entitled To
An asbestos lawsuit can provide compensation for:
- Medical expenses (current and future)
- Lost income and benefits
- Pain and suffering
- Travel costs for treatment
- Funeral expenses (in wrongful death cases)
- Punitive damages (in some court cases)
In many successful cases, compensation ranges from $1 million to $5 million or more, depending on exposure and company liability.
Final Thoughts
Filing an asbestos lawsuit is not just about money — it’s about justice, accountability, and securing your family’s future. If you or a loved one has been affected by mesothelioma, it’s critical to act quickly and choose a skilled mesothelioma attorney who can walk you through every step of the legal process.
By following the steps outlined above — diagnosis, legal consultation, evidence gathering, and filing — you put yourself in the best position to receive fair compensation and hold negligent companies accountable.
FAQs
Q1: Can I file a lawsuit if the company responsible is bankrupt?
Yes. Many companies have asbestos trust funds that pay victims even if the business no longer operates.
Q2: What if I don’t remember where I was exposed?
Mesothelioma attorneys have access to databases and employment records that can help identify exposure sources.
Q3: Can I file a lawsuit on behalf of a deceased loved one?
Yes. Immediate family members (spouse, children) can file a wrongful death claim.
Q4: How much will a mesothelioma lawyer cost me?
Most work on a contingency fee basis — you pay nothing unless they win your case.
Q5: Do I have to travel for the case?
Usually not. Most attorneys will come to you, and much of the process is handled remotely or in writing.
If you’re considering filing a lawsuit, don’t delay. Reach out to a qualified mesothelioma attorney today to explore your legal options — and protect your right to justice.
Note: This guide is for informational purposes only and does not constitute legal advice. For case-specific guidance, consult a licensed asbestos or mesothelioma attorney in your state.