Mesothelioma Lawsuit: How to File a Lawsuit for Asbestos Exposure

 The symptoms of mesothelioma may not present themselves until decades after asbestos exposure, making it difficult to identify and hold those responsible accountable through a personal injury or wrongful death lawsuit. The trusted mesothelioma lawsuit attorneys from Meirowitz & Wasserberg, LLP, have deep knowledge of complex mesothelioma case law across multiple jurisdictions and have secured millions in compensation for their clients.  

Written by: Daniel Wasserberg
Daniel Wasserberg became an Asbestos & NYC personal injury lawyer because he was motivated to assist victims of injustice by fighting corporate entities that value profit over the public’s health and welfare. Mr. Wasserberg has been appointed one of “The Top 10 Asbestos Lawyers” by The National Trial Lawyers.

Daniel Wasserberg became an Asbestos & NYC personal injury lawyer because he was motivated to assist victims of injustice by fighting corporate entities that value profit over the public’s health and welfare. Mr. Wasserberg has been appointed one of “The Top 10 Asbestos Lawyers” by The National Trial Lawyers.
Daniel Wasserberg became an Asbestos & NYC personal injury lawyer because he was motivated to assist victims of injustice by fighting corporate entities that value profit over the public’s health and welfare. Mr. Wasserberg has been appointed one of “The Top 10 Asbestos Lawyers” by The National Trial Lawyers.

Mesothelioma is an extremely aggressive form of cancer and one of several conditions related to exposure to asbestos. There is only one known cause of mesothelioma—asbestos exposure. 

Asbestos is a fibrous material that breaks apart easily. When it does, the tiny particles can be inhaled or ingested and become lodged in the tissue surrounding bodily organs, leading to disease development.  

Asbestos products were widely used in construction, the military, and the automotive industry until the 1970s, and it is still found in older homes and buildings. Asbestos manufacturers and other companies knew of its dangers but continued producing and using it. 

It can be decades before you experience the symptoms of mesothelioma. Thus, records become harder to secure, and some asbestos companies are bankrupt. It is still vital that you file your case as soon as possible, as it may be your only means of taking care of yourself and your family through your illness.

Our mesothelioma lawsuit attorneys at Meirowitz & Wasserberg, LLP, have a long history of winning complex asbestos cases. They have built a knowledge base of mesothelioma companies and an extensive list of medical and other expert witnesses to help in your case.

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Why Choose the Mesothelioma Lawsuit Attorneys at Meirowitz & Wasserberg, LLP?

Our attorneys at Meirowitz & Wasserberg, LLP, have over 30 years of combined experience handling asbestos cases. We have gained access to resources critical to your case, such as internal documents, an extensive network of asbestos and mesothelioma experts, and a comprehensive database of asbestos products and companies.

Our resources and our dogged determination to help people harmed by others show in our case results. We secured a $32 million jury verdict in a secondary asbestos exposure case and recovered $1 million plus settlements and verdicts in several other mesothelioma lawsuits.

Our award-winning attorneys at Meirowitz & Wasserberg, LLP, have received national recognition, including by Super Lawyers, Top 100 Trial Lawyers, and Top 10 Mesothelioma Lawyers. We are proud that our clients provide testimonials praising our skills and compassion and noting that we treat every client with the respect and attention they deserve.

Types of Mesothelioma Lawsuits

The type of mesothelioma lawsuit you file depends on whether you deserve compensation due to your illness or based on the death of a family member due to asbestos exposure.

Personal Injury Mesothelioma Lawsuit

You can file a personal injury lawsuit against another party who negligently contributed to your exposure to asbestos. You can recover damages for loss of income, medical expenses, pain and suffering, and other losses. 

To win your case, your lawyer must identify when the asbestos exposure occurred and connect that exposure to your illness. 

The other party may choose to settle your case, or you can take your case to a jury.

Wrongful Death Mesothelioma Lawsuit

Surviving family members can bring a wrongful death suit if their loved one dies from mesothelioma caused by asbestos exposure. In addition to medical costs, you may collect compensation for funeral expenses, lost income, and other damages in a wrongful death claim.

If you need help, contact an experienced NYC mesothelioma lawyer today.

Steps in Filing a Mesothelioma Lawsuit

Our mesothelioma lawsuit attorneys at Meirowitz & Wasserberg, LLP, know what it takes to win these complex cases. Over the years, we have built a robust, proven process that helps our clients win significant settlements and jury verdicts.

Step 1: Diagnosis and Medical Treatment

You must be diagnosed with an asbestos-related illness and seek treatment to collect damages. Our attorneys handle cases related to several types of asbestos-related illnesses, such as the following:

Step 2: Choose an Attorney

Choose a law firm with the following qualifications to handle your asbestos mesothelioma lawsuit:

  • An extensive background in asbestos cases specifically, not just personal injury or product liability cases

  • A proven track record of case results

  • Referrals from friends, colleagues, former coworkers, physicians, or other attorneys

  • Positive testimonials from past clients

  • A contingency fee arrangement so you don’t pay for legal services unless you win damages

Step 3: Identify Potential Defendants

You may have had asbestos exposure at one or multiple jobs or locations, and you may have a case against your employer, the manufacturer of asbestos products, or both. You may not have even worked directly with asbestos but were exposed to it secondhand by a family member bringing the fibers home on their clothing, shoes, and tools.

Determining who to make a case against can be challenging. Experienced mesothelioma lawyers have databases with manufacturer information and places where asbestos was commonly used. They also know when to claim against an asbestos trust fund set up by companies that went out of business.

Step 4: Investigate and Gather Evidence

Gathering evidence in your lawsuit for mesothelioma can be difficult due to the passage of time. Experienced attorneys will investigate your case and collect critical evidence, such as employment and medical records. 

They can also do the research necessary to show that the defendant knew of the dangers of asbestos but concealed them from you.

Step 5: File the Complaint

Your attorney will notify the defendants of your intention to seek damages and file the case with the appropriate court. This is an essential step in mesothelioma cases, as you may have had exposure in multiple jurisdictions with different rules of procedure. An experienced attorney can tell you which defendants to file against and in which court.

A skilled and knowledgeable attorney will know the appropriate statute of limitations that sets the filing deadline for your case. They will prepare the necessary legal documents and timely submit them to initiate your case.

Step 6: Discovery Phase

Information sharing between the plaintiff and defendant before a civil case is called the discovery phase. During this process, your attorney can seek evidence, such as company records, and conduct depositions to get answers. Your lawyer will also provide information showing your case’s strength to the other side.

Step 7: Settlement Negotiations or Trial

Settlements are common in mesothelioma cases because there is strong evidence that asbestos is harmful and that companies knew that but exposed workers anyway. You can take your case to court if your attorney cannot secure a fair settlement.

Step 8: Collecting Compensation

Your mesothelioma compensation depends on the age when you contracted an asbestos-related illness, prognosis and life expectancy, pain and suffering, and other factors. Once you reach a settlement or verdict, your attorney will deduct your agreed-upon fees and expenses, and you will receive your damages.

What Compensation is Available in Mesothelioma Lawsuits?

Mesothelioma Class Action Lawsuits

A class action lawsuit allows one or more plaintiffs to file on behalf of a larger group. Plaintiffs’ attorneys must define who makes up the class of people eligible to join the suit, and the judge must approve the class. While some earlier jury awards and settlements for asbestos cases were class actions, these lawsuits primarily stopped after the late 1990s.

In 1997, the U.S. Supreme Court rejected an asbestos class action settlement. It held that the settlement was unfair to people who were not yet diagnosed, that there is a conflict of interest when current and future victims are together in a class, and that the various exposure histories and illnesses of the class were too different for one lawsuit.

This and other decisions against certifying classes led to mesothelioma cases primarily tried as mass torts or individual cases. In mass torts, plaintiffs sue the same company, and some of their pretrial motions may be heard together, but their cases are heard individually, and each receives their own damages instead of a split within a class.

Get the Compensation You Deserve in Your Mesothelioma Lawsuit

If you or a loved one have been diagnosed with mesothelioma or have been exposed to asbestos and are concerned about the risk of developing mesothelioma, it’s important to understand your legal rights and options for compensation.

To learn more about how Meirowitz & Wasserberg, LLP, can help you with your mesothelioma case or discuss your legal options with an experienced mesothelioma lawyer, contact us for a free consultation. Don’t wait—the statute of limitations for filing a lawsuit varies by state, so acting quickly to protect your rights is essential.

Mesothelioma Lawsuit FAQs

Can a Mesothelioma Lawsuit be Filed If the Patient Has Already Passed Away?

Surviving family members can file a wrongful death lawsuit if their loved one dies due to mesothelioma. An experienced mesothelioma lawsuit attorney can tell you which family members qualify to file suit in each state.

Who Can File a Mesothelioma Lawsuit?

People exposed to asbestos who develop mesothelioma or a related illness can file a lawsuit. If that person passes away, their estate or family members can file wrongful death claims, depending on the jurisdiction and circumstances.

What Is the Statute of Limitations for Filing an Asbestos Mesothelioma Lawsuit?

The statute of limitations for a mesothelioma lawsuit varies by state and can be as short as one year. In most cases, the statute of limitations starts running when your illness is discovered, so it is vital to contact an attorney promptly.

What Damages Can Be Recovered in a Mesothelioma Lawsuit?

Personal injury mesothelioma lawsuits can result in damages for medical bills, lost wages, loss of consortium, and pain and suffering. In wrongful death cases, you can also recover funeral expenses and lost income, among other things.

How Long Does it Take to Resolve a Mesothelioma Lawsuit?

The time it takes to resolve your mesothelioma lawsuit depends on how complex the case is and the type of suit you file. You may get a settlement from a lawsuit within months, but a trial can take a year or more. 

What Is the Role of an Attorney in a Mesothelioma Lawsuit?

Your attorney collects the medical and other evidence you need to support your claim and does the hard work of determining when you were exposed to asbestos and who is liable. They also negotiate with insurance companies on your behalf and represent you in court. 

What Do I Look for When Choosing a Mesothelioma Lawyer for an Asbestos Lawsuit?

Mesothelioma cases can be complex, and you may have had multiple asbestos exposures leading to your illness. Your lawyer must be experienced in difficult mesothelioma cases in various jurisdictions and have an intricate knowledge of your state’s personal injury and wrongful death laws.

How Much Does it Cost to File a Mesothelioma Lawsuit?

At Meirowitz & Wasserberg, LLP, we offer free consultations to people contemplating a mesothelioma lawsuit.

We do not charge you a fee unless we can secure damages through a settlement or a jury verdict. If we do collect a recovery, we take a pre-agreed portion as our payment. 

Will I Have to Go to Court for a Mesothelioma Lawsuit?

Many mesothelioma cases are settled before ever reaching court. You may have to testify if the other party doesn’t accept responsibility. Your NYC asbestos lawyer will be by your side at every step to prepare you for the court process.

Can I File a Mesothelioma Lawsuit for Secondary Exposure to Asbestos?

You can file a mesothelioma lawsuit based on secondary asbestos exposure. Meirowitz & Wasserberg, LLP, recently secured a $32 million verdict in a secondhand exposure case in South Carolina.

What Is the Difference Between a Personal Injury Lawsuit and a Wrongful Death Lawsuit for Mesothelioma?

People with mesothelioma from asbestos exposure file personal injury claims to recover damages. Meanwhile, a wrongful death suit is a way to obtain compensation for surviving family members of someone who died from mesothelioma.

Can I File a Mesothelioma Lawsuit if I Was Exposed to Asbestos while Serving in the Military?

If your mesothelioma is due to exposure to asbestos while in the military, you can file a claim with the Veteran’s Administration. The VA offers several types of compensation to service members exposed to asbestos and their families.

Can I File a Mesothelioma Lawsuit if the Company Responsible for My Exposure Has Gone Bankrupt?

In anticipation of future claims, bankrupt companies set aside asbestos trust funds to compensate victims of asbestos exposure. There is still money remaining in these funds, and your mesothelioma cancer lawsuit attorney can determine whether to seek damages from one of those funds.

Meirowitz and Wasserberg photo and text: NYC Mesothelioma Lawyers


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Choosing Sam and Dan to represent us in my father’s Mesothelioma case is one of the best decisions we could of made as a family. Their honesty, integrity, and compassion is unsurpassed. After interviewing with other law firms they were a clear and unanimous choice for my family. While no amount of money can compensate us for the loss of our dad, Sam and Dan have fought hard on our behalf which has helped us greatly in caring for our mom and her future needs. I highly recommend Sam and Dan and all the kind, compassionate members of their team.
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