A mesothelioma diagnosis can create significant emotional, medical and financial challenges. Mesothelioma is a rare cancer most commonly associated with exposure to asbestos, and treatment can involve substantial medical care and long-term expenses.
For people who developed mesothelioma after asbestos exposure, one important question is often: Can I receive compensation, and how much could a mesothelioma settlement be worth?
The answer depends on the facts of each case. Potential compensation can be affected by the type of exposure, the companies involved, medical expenses, lost income, the severity of the illness, applicable state laws, available insurance or other assets, and the evidence connecting asbestos exposure to the disease.
This guide explains how mesothelioma claims work, what compensation may include, how a mesothelioma attorney can help, and what to consider before accepting a settlement.
Important: This article provides general educational information and is not legal or medical advice. Mesothelioma claims can involve complex state and federal laws. Anyone considering legal action should speak with a qualified attorney licensed in the relevant jurisdiction.
What Is Mesothelioma?
Mesothelioma is a cancer that develops in the thin layer of tissue surrounding certain internal organs. The most common form is pleural mesothelioma, which affects the lining around the lungs.
Other forms include:
- Peritoneal mesothelioma
- Pericardial mesothelioma
- Testicular mesothelioma
Asbestos exposure is the primary established risk factor for mesothelioma. Asbestos fibers can become airborne and may be inhaled or swallowed during occupational or environmental exposure.
People can encounter asbestos in a variety of settings, including certain older buildings, industrial workplaces, construction sites, shipyards and manufacturing environments.
Because symptoms can take decades to appear after exposure, determining where and when exposure occurred can sometimes be an important part of a legal claim.
How Does a Mesothelioma Lawsuit Work?
A mesothelioma lawsuit generally seeks compensation from companies or other responsible parties whose conduct allegedly contributed to a person’s asbestos exposure.
The process can vary considerably depending on the circumstances.
A typical claim may involve:
- Initial consultation with a mesothelioma attorney
- Review of medical records
- Investigation of asbestos exposure
- Identification of potentially responsible companies
- Collection of employment and product records
- Filing a legal claim
- Negotiation with defendants or insurers
- Settlement or trial
Not every claim goes to trial. Many personal-injury cases are resolved through negotiated settlements, although the possibility of litigation can be an important part of negotiations.
How Much Is a Mesothelioma Settlement Worth?
There is no guaranteed average mesothelioma settlement amount.
Settlement values can vary dramatically from one case to another.
Factors that may influence compensation include:
- The severity of the illness
- Medical expenses
- Future treatment requirements
- Lost wages
- Reduced earning capacity
- The person’s age and circumstances
- The extent of asbestos exposure
- Evidence identifying responsible companies
- Applicable state law
- The number of defendants
- Available insurance or other compensation sources
- Whether the case proceeds to trial
Some published reports discuss settlements ranging from hundreds of thousands of dollars to several million dollars, but these figures should not be interpreted as predictions for an individual case.
A settlement reached in one case may have little relevance to another case because the underlying facts, defendants, damages and applicable law can be completely different.
What Compensation Can a Mesothelioma Claim Include?
Depending on the jurisdiction and circumstances, compensation may potentially cover economic and noneconomic losses.
Medical Expenses
Medical treatment can represent a major financial burden.
Potentially recoverable expenses may include:
- Diagnostic testing
- Specialist consultations
- Hospital treatment
- Surgery
- Chemotherapy
- Radiation therapy
- Prescription medication
- Travel for medical treatment
- Rehabilitation
- Palliative care
Future medical expenses may also be considered when supported by appropriate evidence.
Lost Income
Mesothelioma can interfere with a person’s ability to work.
A claim may potentially include income lost because of:
- Missed work
- Reduced working hours
- Leaving employment
- Early retirement
- Reduced earning capacity
Employment records, pay statements and tax documents can help establish the financial impact.
Pain and Suffering
A legal claim may also seek compensation for noneconomic losses.
These can include:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Reduced quality of life
The rules governing noneconomic damages vary by jurisdiction.
Loss of Consortium
In some circumstances, a spouse may have a separate claim relating to the impact of the illness on the marital relationship.
Whether such a claim is available depends on applicable law.
Funeral and Burial Expenses
If mesothelioma results in death, certain family members or representatives may potentially pursue a wrongful-death claim.
Depending on state law, damages can include funeral expenses, loss of financial support and other losses.
What Is a Mesothelioma Wrongful Death Claim?
When a person dies from mesothelioma, surviving family members may have legal options.
A wrongful-death claim is different from a personal-injury claim because the person who suffered the illness has died.
Potential damages can include:
- Funeral expenses
- Burial costs
- Medical expenses incurred before death
- Loss of financial support
- Loss of companionship
- Other damages permitted under state law
The deadline for filing a wrongful-death claim can differ from the deadline applicable to a personal-injury claim.
For that reason, families should avoid delaying legal advice after a mesothelioma-related death.
Why Hire a Mesothelioma Attorney?
Mesothelioma cases can be unusually complex because asbestos exposure may have happened decades before the diagnosis.
A specialized attorney may investigate:
- Previous employers
- Work locations
- Construction projects
- Military service
- Asbestos-containing products
- Manufacturers
- Suppliers
- Contractors
- Historical company records
An experienced attorney may also understand how asbestos bankruptcy trusts, insurance policies and multiple defendants can affect potential compensation.
How Do Mesothelioma Lawyers Find the Responsible Companies?
Identifying responsible parties is often one of the most difficult parts of an asbestos claim.
A person may have worked for several companies during their career and may have encountered asbestos products manufactured by many different businesses.
An attorney may investigate employment history and historical records to determine:
- Where asbestos exposure occurred
- Which products were present
- Which companies manufactured those products
- Which companies supplied or installed them
- Whether other parties may have legal responsibility
Old employment records, union records, military records, invoices, product catalogs, workplace documents and testimony from former coworkers can sometimes help establish exposure history.
What Are Asbestos Trust Funds?
Some companies that faced large numbers of asbestos claims entered bankruptcy proceedings.
Certain bankruptcy reorganizations created asbestos trust funds to compensate eligible claimants.
A person with mesothelioma may potentially qualify for compensation from one or more asbestos trusts depending on their exposure history and the requirements of each trust.
Trust claims are separate from traditional lawsuits, and the eligibility rules and payment procedures can differ between trusts.
An attorney familiar with asbestos litigation can review whether potential trust claims exist.
Can You File More Than One Mesothelioma Claim?
Potentially.
A person may have several possible sources of compensation depending on their exposure history.
These can include:
- Lawsuits against responsible companies
- Asbestos trust claims
- Workers’ compensation
- Veterans-related benefits in qualifying circumstances
- Insurance claims
- Other compensation programs
However, pursuing multiple sources can involve complicated legal and procedural issues.
For example, receiving compensation from one source may affect another claim under certain rules.
Professional legal advice can help determine which options may be available.
How Long Does a Mesothelioma Lawsuit Take?
The timeline varies significantly.
Some cases may resolve through settlement relatively quickly, while others can take much longer.
Factors affecting the timeline include:
- Number of defendants
- Complexity of exposure history
- Availability of evidence
- Medical condition of the claimant
- Disputes over responsibility
- Settlement negotiations
- Court schedules
- Applicable procedural rules
Because mesothelioma is a serious illness, some jurisdictions have procedures that can allow certain cases to receive expedited treatment.
An attorney can explain whether such procedures are available in the relevant state.
Mesothelioma Statute of Limitations
One of the most important issues in a mesothelioma claim is the statute of limitations.
A statute of limitations establishes a deadline for filing a lawsuit.
Mesothelioma presents a special issue because asbestos exposure often occurs decades before diagnosis.
Some jurisdictions apply a discovery rule, under which the filing period may begin when the person discovers—or reasonably should discover—the injury and its connection to asbestos exposure.
The exact deadline varies by state and by the type of claim.
Do not assume that you have unlimited time to file.
If you or a family member has received a mesothelioma diagnosis, speaking with an attorney promptly can help determine which deadline applies.
What Evidence Is Needed for a Mesothelioma Claim?
A successful claim generally requires evidence connecting the illness to asbestos exposure and establishing the resulting damages.
Potential evidence includes:
Medical Records
These may establish:
- Diagnosis
- Type of mesothelioma
- Treatment
- Prognosis
- Medical expenses
Employment History
Employment records can help identify workplaces where asbestos exposure may have occurred.
Exposure History
Details about:
- Job duties
- Work locations
- Products used
- Coworkers
- Contractors
- Workplace conditions
may be important.
Witness Testimony
Former coworkers, family members or other witnesses may provide information about working conditions and asbestos exposure.
Financial Records
Pay statements, tax returns and employment records can help demonstrate lost income and other financial losses.
How Much Does a Mesothelioma Attorney Cost?
Many mesothelioma attorneys work on a contingency-fee basis.
Under this arrangement, the attorney generally receives a percentage of the recovery rather than charging the client a traditional hourly rate.
The exact percentage and responsibility for case expenses depend on the attorney’s agreement with the client.
Before hiring a lawyer, ask:
- What percentage will the attorney receive?
- When is the fee paid?
- Are litigation expenses deducted before or after the fee?
- Who pays case expenses if the case is unsuccessful?
- Are there additional administrative costs?
Always read the written fee agreement carefully.
Questions to Ask a Mesothelioma Lawyer
Before choosing an attorney, consider asking:
How Much Experience Do You Have With Mesothelioma Cases?
Mesothelioma litigation is a specialized area. Ask how frequently the attorney handles asbestos-related claims.
Can You Investigate My Exposure History?
A strong investigation can be particularly important when exposure happened decades ago.
What Compensation Sources May Be Available?
Ask whether your circumstances may involve lawsuits, asbestos trusts, workers’ compensation or other programs.
What Is Your Fee Structure?
Make sure you understand the contingency percentage and potential expenses.
Where Will the Case Be Filed?
The appropriate jurisdiction can depend on where exposure occurred, where companies operated and other legal factors.
How Long Could My Case Take?
An attorney cannot guarantee a timeline, but should be able to explain the factors that could affect it.
Steps to Take After a Mesothelioma Diagnosis
If you or someone close to you has received a mesothelioma diagnosis, consider taking the following steps:
- Follow your medical team’s recommendations.
- Keep copies of medical records and bills.
- Create a detailed employment history.
- Write down locations where you may have encountered asbestos.
- Identify former employers and coworkers when possible.
- Keep records of lost income.
- Save relevant insurance and benefit documents.
- Consider speaking with a qualified mesothelioma attorney.
- Ask about applicable filing deadlines.
- Do not delay simply because the exposure happened many years ago.
Can Veterans File Mesothelioma Claims?
Some veterans may have experienced asbestos exposure during military service, particularly in occupations involving ships, shipyards, construction or older military equipment.
Eligibility for veterans’ benefits depends on the person’s service history, medical evidence and applicable Department of Veterans Affairs rules.
Veterans with mesothelioma may also have potential legal claims against private companies, depending on the circumstances of their exposure.
A qualified attorney and an accredited veterans-benefits professional can explain which options may apply.
Mesothelioma Settlement vs. Trial
A settlement and a trial are different ways of resolving a legal dispute.
Settlement
A settlement involves the parties agreeing to compensation without requiring a final trial verdict.
Potential advantages can include:
- Faster resolution
- Greater certainty
- Reduced litigation risk
- Less time in court
Trial
A trial allows a judge or jury to determine the outcome when the parties cannot reach an agreement.
A trial can potentially result in a larger award, but it also carries uncertainty and can take longer.
There is no universal answer about whether settlement or trial is better. The appropriate approach depends on the evidence, defendants, damages and legal strategy.
Frequently Asked Questions
What is the average mesothelioma settlement?
There is no reliable settlement amount that applies to every case. Reported settlements vary substantially, and an individual’s potential recovery depends on factors such as medical damages, exposure history, responsible companies, insurance and applicable law.
How much money can a mesothelioma victim receive?
Potential compensation varies widely. Some cases may involve substantial settlements, but no attorney can accurately guarantee a specific amount without reviewing the individual circumstances.
How long does a mesothelioma lawsuit take?
Some claims resolve relatively quickly, while complex cases can take considerably longer. The number of defendants, evidence, negotiations and court procedures can all affect the timeline.
Do I need a mesothelioma lawyer?
You are generally not required to hire an attorney, but mesothelioma cases can involve complicated exposure investigations, multiple defendants, asbestos trusts and state-specific filing deadlines. Professional legal advice may be particularly valuable in complex cases.
Can family members file a claim after a mesothelioma death?
Potentially. Depending on state law, eligible family members or representatives may be able to pursue a wrongful-death claim.
Can I file a claim if asbestos exposure happened decades ago?
Potentially. The fact that exposure occurred many years ago does not automatically prevent a claim. However, statutes of limitations and other legal requirements can apply.
Can I receive compensation from an asbestos trust?
Potentially. Eligibility depends on the specific trust’s requirements and evidence establishing qualifying asbestos exposure.
Final Thoughts
A mesothelioma diagnosis can create major medical, emotional and financial challenges. If asbestos exposure may have contributed to the illness, understanding potential legal options can be an important part of planning for the future.
A mesothelioma claim may potentially involve compensation for medical expenses, lost income, pain and suffering, and other losses permitted by applicable law. In some circumstances, additional sources such as asbestos trust funds or benefits programs may also be relevant.
Because every case is different, there is no guaranteed settlement amount or universal legal strategy.
The most useful first steps are usually to document medical treatment, build a detailed history of possible asbestos exposure, preserve financial records and understand the filing deadlines that apply to your situation.
If you are considering a mesothelioma claim, consult a qualified attorney who handles asbestos litigation in the relevant jurisdiction before making important legal decisions.
Disclaimer: This article is provided for general informational and educational purposes only. It is not legal, medical or financial advice and does not create an attorney-client relationship. Laws, filing deadlines, compensation rules and eligibility requirements vary by state and individual circumstances.