Mesothelioma Lawsuit: How to File a Lawsuit for Asbestos Exposure
Mesothelioma lawsuits present unique challenges because symptoms take decades to appear. It can be harder to track down responsible companies, making experienced legal representation key. The attorneys at Meirowitz & Wasserberg, LLP have secured millions for clients across multiple jurisdictions.
Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Content written by Dan Wasserberg
- Expertise
Mr. Wasserberg is proud to call himself a Trial Lawyer. He is often a featured speaker at industry summits and gatherings of the nation’s leading attorneys, from both sides of the bar. He is recognized by both his peers and his adversaries and is considered one of the nation’s premier mesothelioma and negligence attorneys
Experienced Mesothelioma Attorney
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Why File a Mesothelioma Lawsuit?
A mesothelioma lawsuit can cover medical bills, lost wages and other expenses that come with a serious diagnosis. It also holds negligent companies accountable for decades of harm and creates a record that protects future victims. For many patients and families, filing a claim is one of the most meaningful steps they can take.
Compensation for Medical Treatment
The cost of mesothelioma treatment can overwhelm families. The National Cancer Institute reports average initial care costs for similar thoracic cancers can reach $68,293 or more and total costs climb much higher over the course of treatment. That includes surgery, chemotherapy, clinical trials, travel to specialty centers and caregiver costs. And those costs don’t stop when treatment ends. Many people need long-term care, home health aides and follow-up visits that stretch on for years. A successful lawsuit puts that financial burden where it belongs, on the companies that caused your illness, not on you or your family.
Holding Asbestos Companies Accountable
Asbestos manufacturers knew their products were toxic. Internal documents show companies concealed that information from workers for decades. Plaintiffs have named more than 8,000 companies as defendants in asbestos lawsuits. Filing holds them responsible, creates a public record and sends a clear message that this kind of negligence has consequences.
Financial Security for Your Family
A mesothelioma diagnosis affects your whole family. Lost income, ongoing medical bills and future care costs add up fast. Many families also face the emotional weight of planning for a future without their loved one.
Key Facts About Mesothelioma Lawsuits
- Plaintiffs filed 1,907 mesothelioma lawsuits in 2024, according to the KCIC Asbestos Litigation Report.
- Average mesothelioma settlements range from $1 million to $1.4 million, according to industry data.
- Statutes of limitations vary by state and range from 1 to 6 years from the date of diagnosis.
- Meirowitz & Wasserberg, LLP has recovered more than $500 million and handled more than 300 mesothelioma cases.
- Most mesothelioma cases settle before reaching trial.
- Attorneys handle mesothelioma cases on a contingency fee basis, meaning you don’t pay unless you win.
- Filing deadlines are strict. Contact an attorney immediately after your diagnosis.
An asbestos lawsuit can recover compensation for lost wages, future medical expenses and the care your family will need down the road. Each state sets its own statute of limitations on how long you have to file, so don’t wait to speak with an attorney.
The time it takes to settle a mesothelioma case can vary depending on trial schedule and many other factors. Often we’re able to resolve the cases on a rolling basis, meaning you don’t need to wait until trial is complete for you to receive compensation.
Who Can File a Mesothelioma Lawsuit?
People filing mesothelioma claims come from many different backgrounds. What they share is a connection to asbestos exposure, either directly or through a loved one. That includes patients who received a mesothelioma diagnosis and families who lost someone to the disease.
Diagnosed Patients
A mesothelioma diagnosis is the primary requirement for filing a personal injury lawsuit. That includes all types of the disease: pleural mesothelioma, which affects the lining of the lungs; peritoneal mesothelioma, which affects the abdomen; pericardial mesothelioma, which affects the heart; and testicular mesothelioma, which affects the lining around the testes. If you’ve received a diagnosis, you have the right to pursue compensation from the companies responsible for your asbestos exposure.
Family Members in Wrongful Death Cases
When a person diagnosed with mesothelioma passes away, their surviving family members can file a wrongful death lawsuit. Eligible family members typically include spouses, children, parents and estate representatives, though rules vary by state.
Veterans Exposed to Asbestos
Veterans make up the largest occupational group among people diagnosed with mesothelioma. The Navy, shipyard workers and military construction crews all faced heavy asbestos exposure. Veterans can file civil lawsuits and VA claims simultaneously.
Workers and Secondhand Exposure
Many people developed mesothelioma without ever working directly with asbestos. Construction workers, pipefitters, boiler tenders and mechanics all faced regular occupational asbestos exposure. Others experienced secondhand exposure when family members brought asbestos fibers home on their clothing, shoes and tools. Meirowitz & Wasserberg, LLP secured a $32 million verdict in a secondhand asbestos exposure case in South Carolina.
Types of Mesothelioma Lawsuits
The type of mesothelioma lawsuit you file depends on your diagnosis status, who the defendants are and whether other plaintiffs are involved. Understanding the differences helps you and your attorney choose the right path forward.
Personal Injury Mesothelioma Lawsuit
A personal injury lawsuit is the most common type of mesothelioma claim. You file against the companies responsible for your asbestos exposure and seek compensation for medical bills, lost income, pain and suffering and other damages. Your attorney must prove four things: duty, breach, causation and damages. That means showing the defendant had a responsibility to protect you, failed to do so and that failure caused your illness. Most personal injury mesothelioma cases resolve within 12 to 18 months.
Wrongful Death Mesothelioma Lawsuit
When a person diagnosed with mesothelioma passes away, their family can file a mesothelioma wrongful death lawsuit. Eligible family members typically include surviving spouses, children, parents and estate representatives. Wrongful death claims follow a separate statute of limitations that starts from the date of death, not the date of diagnosis. Rules vary by state.
Mesothelioma Class Action Lawsuits
A mesothelioma class action lawsuit allows one or more plaintiffs to file on behalf of a larger group. However, class actions are largely a thing of the past for mesothelioma cases. In 1997, the U.S. Supreme Court rejected a major asbestos class action settlement in Amchem Products v. Windsor, ruling it was unfair to people not yet diagnosed and that exposure histories were too different for one lawsuit to cover. Today, attorneys file mesothelioma cases as individual lawsuits or mass torts, where plaintiffs sue the same company but each person receives their own damages.
Asbestos Trust Fund Claims vs. Lawsuits
Asbestos trust fund claims aren’t a type of lawsuit. They’re in place of filing a lawsuit when that isn’t possible because a defendant declared bankruptcy. They’re not the same as a lawsuit, but they’re a critical form of mesothelioma compensation.
When asbestos companies seek bankruptcy protection, courts often require them to set aside money for future legal claims during the process. Today, more than 60 asbestos trust funds hold an estimated $30 billion for people who suffered harm from asbestos exposure. Trust fund claims follow an administrative process rather than litigation and most resolve faster than lawsuits. You can file trust fund claims against a bankrupt company and pursue a lawsuit against another solvent defendant simultaneously.
How to File a Mesothelioma Lawsuit
Filing a mesothelioma lawsuit involves several steps, and the process moves faster when you act quickly. Here’s what to expect when you work with Meirowitz & Wasserberg, LLP:
Step 1: Free Case Evaluation
The first step in filing a mesothelioma lawsuit is contacting an attorney. At Meirowitz & Wasserberg, LLP, consultations are free and available 24/7. During your evaluation, our attorney will review your diagnosis, your work history and your potential exposure sites. You don’t need to gather documents beforehand. Your attorney handles that. This conversation costs you nothing and helps you understand your legal options right away.
Step 2: Investigation and Evidence Gathering
Once you hire an attorney, the investigation begins. We’ll collect your medical records, employment history and identify the sites where your asbestos exposure occurred. We maintain an extensive database of asbestos products and the companies that made them. We’ll build a strong case showing the defendants knew about the dangers of asbestos and chose to conceal them.
Step 3: Filing the Complaint
We’ll file your case identifying the defendants, describing your asbestos exposure and specifying the damages you’re seeking. Mesothelioma cases sometimes involve exposure across multiple jurisdictions and our attorneys know which jurisdictions to file in and which defendants to name for the specifics of each case. Each state sets its own statute of limitations for filing a mesothelioma lawsuit, so timing matters.
Step 4: Discovery Phase
Discovery is the information-sharing phase between you and the defendants. It typically lasts three to six months. We use tools like interrogatories, requests for production and depositions to gather evidence from the other side for you. This phase often uncovers internal company documents that show defendants knew asbestos was dangerous long before they stopped using it.
Step 5: Settlement Negotiations or Trial
About 95% of mesothelioma cases settle before trial. Defendants often prefer settlements because the evidence against asbestos companies is strong. We use that leverage to negotiate the best possible outcome for you. If the other side doesn’t offer a fair settlement, we’ll take your case to trial. Our willingness to go to court is a key reason they secured a $32 million jury verdict in a secondhand asbestos exposure case.
Step 6: Compensation and Resolution
After we secure a settlement or verdict for you, your legal team will deduct the agreed-upon fees and expenses and send you the remainder. We resolve cases on a rolling basis, meaning you don’t have to wait until trial ends to receive some compensation for mesothelioma. Factors that affect your total compensation include your age at diagnosis, prognosis, pain and suffering and financial losses.
Mesothelioma Lawsuit Timeline
How long a lawsuit takes depends on your case’s complexity, the number of defendants and whether your case goes to trial. Most mesothelioma lawsuits resolve within 12 to 18 months. Trust fund claims move faster, often resolving in 3 to 6 months.
Courts can move cases faster for people who are terminally ill. Many jurisdictions offer expedited dockets that prioritize mesothelioma cases, getting them in front of a judge sooner. If you need resolution quickly, your attorney can request this type of scheduling.
We also resolve cases on a rolling basis. That means you don’t have to wait until your entire case concludes to receive compensation. As individual defendants settle, we release those funds to you. Trust fund claims run parallel to your lawsuit and don’t slow the process down. The sooner you contact us, the sooner the clock starts working in your favor.
Phase | Typical Duration |
Free case evaluation | 1 to 2 days |
Investigation and evidence gathering | 1 to 3 months |
Filing the complaint | 1 to 2 weeks |
Discovery phase | 3 to 6 months |
Settlement negotiations | 1 to 3 months |
Trial (if needed) | 1 to 4 weeks |
Total typical timeline | 12 to 18 months |
Why Choose Meirowitz & Wasserberg for Your Mesothelioma Lawsuit?
Meirowitz & Wasserberg, LLP takes cases other firms won’t, delivers partner-level attention to every client and has recovered more than $500 million for people with mesothelioma and other asbestos-related illnesses. Those aren’t talking points. They’re the reason clients trust us with the most important cases of their lives.
Trial Willingness
Meirowitz & Wasserberg, LLP files more asbestos cases than nearly any firm in the country. That volume reflects experience, but it also sends a message to defendants: this mesothelioma law firm successfully litigates mesothelioma cases. Our readiness to go to trial creates real settlement leverage. Defendants know Meirowitz & Wasserberg, LLP won’t accept an unfair offer and that changes how they negotiate.
Cases Other Firms Declined
Meirowitz & Wasserberg, LLP has a history of taking on cases other firms turned down. We secured a $4 million verdict for a sugar mill worker whose case other attorneys wouldn’t touch. We also recovered $2.3 million for a school custodian with limited exposure history.
Boutique Attention
Despite our national reach, Meirowitz & Wasserberg, LLP operates like a boutique firm. Our founding partner Daniel Wasserberg puts it simply: “If you don’t know your client, you don’t know who you’re fighting for. Every client gets direct partner attention, not reassignment to junior staff.” That personal approach shows in our client reviews.
“Choosing Sam and Dan to represent us in my father’s mesothelioma case is one of the best decisions we could have made as a family. Their honesty, integrity and compassion is unsurpassed.” — Angelo M.
Proven Results
Meirowitz & Wasserberg, LLP has recovered more than $500 million for people with mesothelioma and other asbestos-related illnesses. Our mesothelioma case results include a $32 million jury verdict in a secondhand exposure case, an $18 million talcum powder verdict and a massive mesothelioma verdict in Massachusetts. We’ve handled more than 300 mesothelioma cases and more than 2,000 asbestos cases overall.
Meirowitz & Wasserberg, LLP is a top-10 filer of asbestos cases, but we still treat the law firm like we’re a boutique Law Firm. Our mesothelioma clients have to be treated like they’re the highest priority. My personal philosophy is, “if you don’t know your client, then you don’t know who you’re fighting for and you don’t know what you’re fighting for.” We try really hard to take care of our clients. I think that is reflected in the reviews that you’ll find about us online. When I do intake with a new client, I try to make them feel comfortable. I try to treat these people, or you, like how I want my family to be treated, how I would want my mother or my father or sister or brother to be treated.
Mesothelioma Lawsuit FAQ
Yes. Surviving family members can file a wrongful death lawsuit when a person diagnosed with mesothelioma passes away. Eligible family members typically include spouses, children, parents and estate representatives. Rules vary by state.
The mesothelioma statute of limitations varies by state and ranges from one to six years. In most states, the clock starts from the date of diagnosis, not the date of asbestos exposure. Don't wait to contact us.
Most mesothelioma lawsuits resolve within 12 to 18 months. Trust fund claims often resolve in three to six months. Courts also offer expedited dockets for people who are terminally ill. Meirowitz & Wasserberg, LLP resolves cases on a rolling basis, meaning you can receive compensation before your entire case concludes.
A personal injury mesothelioma lawsuit can recover compensation for medical bills, lost wages, pain and suffering and loss of consortium. Wrongful death cases can also recover funeral expenses and lost income.
We handle mesothelioma cases on a contingency fee basis. That means you pay nothing up front. If we don't win compensation for you, you don't owe a fee. If we do win for you, a pre-agreed percentage from your recovery will be collected.
Most mesothelioma cases settle before reaching trial. You may need to testify if the defendant doesn't accept responsibility. We’ll prepare you for every step and stand with you throughout the process.
Yes. You can file a mesothelioma lawsuit even if you didn't work directly with asbestos. Meirowitz & Wasserberg, LLP secured a $32 million verdict in a secondhand asbestos exposure case in South Carolina.
Yes. Veterans can file civil mesothelioma lawsuits and VA claims at the same time. The VA offers several types of compensation to service members who faced asbestos exposure and their families.
Average mesothelioma settlements range from $1 million to $1.4 million, according to industry data. Individual settlements vary based on the severity of illness, exposure history, number of defendants and other factors. We can give you a clearer picture after reviewing your case.
Yes. Mesothelioma lawsuits are still active across the country. Plaintiffs filed 1,907 mesothelioma lawsuits in 2024, according to the KCIC Asbestos Litigation Report. New cases continue because asbestos exposure from decades ago still causes illness today.
A mesothelioma lawsuit is a legal action filed in court against a defendant company. A trust fund claim is an administrative process filed against a fund that a bankrupt asbestos company set aside for future claimants. You can pursue both at the same time. Trust fund claims typically resolve faster than lawsuits.
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