Filing a Claim for Mesothelioma

Mesothelioma is a cancer affecting the thin layer of tissue surrounding multiple internal organs, including the lungs, belly, heart, and testes. The main cause of this is asbestos, a substance commonly used throughout most of the 20th Century across a number of industries such as ship-building, construction, and car manufacturing.

While use of asbestos has slowly declined, the process of establishing an outright ban is still ongoing, with disputes taking place as recently as 2024. Despite growing knowledge of the dangers of asbestos, some companies have continued its use, resulting in illness and death of many employees.  In this guide, you’ll find advice on how to handle an asbestos claim, whether for yourself or to help a loved one.

Talking About Filing an Asbestos Claim

Asbestos claims are intended to hold these companies accountable while offering families peace of mind and financial compensation to help pay for expenses like medical bills. Whether the claim is for yourself or for a family member, talking to loved ones about filing a mesothelioma claim is an important first step. Here are some tips on how to start the conversation:

1. Pick a time: Diseases like mesothelioma can progress quickly, so it’s important to act fast. Talk to your family about what a mesothelioma claim is and why you are considering filing one.
2. Offer information: Knowledge can help uncertain family members to feel more empowered about their decisions, so explain the role they will have in handling the claim and reassure them that legal support will be there to help cover the details.
3. Ask open-ended questions: This can help them to see your perspective. Who would they want to care for them? Would they feel prepared to cover medical expenses? Would seeking justice bring about peace of mind?
4. Encourage feedback: Give your loved ones the opportunity to ask their own questions about the claim. It may be that they have financial concerns or that they want to avoid getting involved in conflict. Providing useful information and reminding them of the purpose of the claim can help keep the conversation on track while allaying any fears.

Finding Additional Support

Beyond legal assistance, emotional and educational support can be invaluable for individuals and families affected by asbestos-related diseases. Resources like Mesothelioma Hope provide information on treatment options, coping strategies, and guidance for navigating both medical and legal challenges. Having access to trusted support networks can make a difficult journey feel more manageable and less isolating.

Getting Legal Support

A cancer diagnosis can be an incredibly difficult and upsetting time. In the midst of this life-altering news, feeling numb, overwhelmed and angry is normal, but this can also make it difficult to deal with practicalities like legal matters.

This is where a licensed attorney can step in, helping to build a robust case, offering constructive advice and talking through any steps needed to help support your case.  The key steps involved in filing a claim include:

• A free initial case consultation and evaluation
• Filing a claim (your attorney can advise which state to do this in, particularly if you or the claimant worked across multiple states)
• Investigation and gathering of evidence to support your case
• Defendant responses to the claim, such as requests to interview or depositions
• Resolution, typically by settlement (this tends to be preferable to trials, which can take months or years to resolve)

Filing a Claim After Death

If you or your loved one dies in the process of making an asbestos claim, this is often amended to an after-death lawsuit, which is then taken up by the estate administrator or representative responsible for handling the claim.