How to File a Mesothelioma Claim: Complete Step-by-Step Guide

Overview of the Mesothelioma Claims Process

The mesothelioma claims process involves several key stages, each designed to build a strong case that demonstrates the connection between your illness and asbestos exposure. While the process may seem complex, experienced mesothelioma attorneys handle most of the work, allowing you to focus on your health.

Step 1: Gather Documentation

The strength of your claim depends heavily on the quality of documentation. Start collecting these documents as soon as possible:

Medical Documentation

• Pathology report – Confirms mesothelioma diagnosis and cell type
• Imaging results – CT scans, MRIs, X-rays showing disease extent
• Doctor's notes – Documenting symptoms and treatment history
• Treatment records – Surgery, chemotherapy, radiation documentation
• Medical bills – All related expenses

Work History Documentation

• Employment records – W-2s, tax returns, pay stubs
• Military records – DD-214, service records for veterans
• Union records – If applicable
• Witness statements – From coworkers who can confirm exposure

Exposure Evidence

• Product identification – Names of asbestos-containing products used
• Safety data sheets – If available
• Photographs – Of workplace, equipment, or products
• Company documents – Any internal documents about asbestos use

Step 2: Find an Experienced Mesothelioma Attorney

Choosing the right attorney is crucial for your case's success. Our guide to choosing a law firm can help you make an informed decision. Look for these qualities:

What to Look For

• Specialization – Focus on asbestos/mesothelioma cases, not general personal injury
• Track record – History of successful settlements and verdicts
• National reach – Ability to file in jurisdictions favorable to your case
• Resources – Access to databases of asbestos products and job sites
• Compassion – Understanding of what you're going through
• No upfront fees – Contingency fee arrangement only

Questions to Ask Potential Attorneys

1. How many mesothelioma cases have you handled?
2. What is your success rate?
3. What is your fee structure?
4. Will you handle my case personally or pass it to another attorney?
5. How will you keep me informed about my case?
6. Do you offer home or hospital visits?
7. What is your experience with expedited claims for seriously ill patients?

Step 3: Case Investigation

Once you hire an attorney, they will conduct a thorough investigation:

What Your Attorney Will Do

• Detailed interview – About your work history, military service, and exposure
• Records collection – Obtain medical and employment records
• Product identification – Research which asbestos products you were exposed to
• Defendant identification – Determine which companies are responsible
• Witness interviews – Speak with coworkers when possible
• Research – Use databases to identify asbestos-containing products at your worksites

Your role: Be as detailed and honest as possible. Even small details about your work environment can help identify products and responsible companies.

Step 4: File the Claim

Once the investigation is complete, your attorney will file your claim:

Where Claims Are Filed

• State court – Traditional lawsuit in appropriate jurisdiction
• Federal court – MDL (multidistrict litigation) in some cases, including mass tort litigation
• Bankruptcy trust – Claims against companies that have declared bankruptcy
• VA claim – For veterans seeking benefits

Jurisdiction Considerations

Your attorney will choose the best jurisdiction based on:

• Where exposure occurred and employer liability
• Where the defendant companies are located
• State laws and precedents
• Court backlogs and speed
• History of verdicts in that jurisdiction

Step 5: Discovery & Negotiation

This is where most mesothelioma claims are resolved. Understanding the details of this phase helps you prepare mentally and logistically:

The Discovery Process

• Written discovery – Questions and document requests exchanged
• Depositions – Sworn testimony from you, witnesses, and company representatives
• Expert testimony – Medical and exposure experts strengthen your case

Settlement Negotiations

Most cases settle during or after discovery:

• Your attorney presents your case's strengths, including expert testimony from medical and exposure professionals
• Defense attorneys evaluate their exposure
• Multiple rounds of offers and counteroffers
• Your attorney advises you, but YOU decide whether to accept

Remember: You can always reject a settlement and proceed to trial, though trials carry more risk and delay.

Step 6: Settlement or Trial

If You Accept a Settlement

1. Settlement agreement – Legal documents signed by all parties
2. Court approval – Some jurisdictions require judicial approval
3. Payment processing – Typically 30-90 days to receive funds
4. Attorney fees deducted – Per your contingency agreement

If Your Case Goes to Trial

1. Jury selection – Choosing impartial jurors
2. Opening statements – Overview of each side's case
3. Presentation of evidence – Witness testimony, documents, expert opinions
4. Closing arguments – Summation of the case
5. Jury deliberation – Jurors decide on liability and damages
6. Verdict – Decision announced (can be appealed)

Timeline: Trials typically add 6-18 months to the process but can result in higher awards.

Types of Claims You Can File

You may be eligible for multiple types of compensation:

Important: You can file multiple claims. For example, a veteran can file VA benefits AND lawsuits against asbestos companies AND trust fund claims.

Required Documents Checklist

Use this checklist to organize your documents:

Medical Records

Employment Records

Exposure Documentation

Expected Timeline

While every case is different, here's a typical timeline:

Total for settlement: 6-18 months
Total if trial needed: 1-3 years