Mesothelioma Claims

Mesothelioma claims allow victims of asbestos exposure a chance to recover money spent on the diagnosis and treatment of their cancer. It can also help pay for lost income, therapy-related travel costs, and related expenses.

Key Points about Mesothelioma Claims

  • There are two types of mesothelioma claims: personal injury and wrongful death.
  • Claims can be paid through lawsuits, asbestos trust funds, veterans benefits, and worker’s compensation.
  • Filing a claim requires a knowledgeable, experienced mesothelioma lawyer.

Mesothelioma patients and their family have two available options  when considering filing a claim. The type of claim filed depends on whether the patient is still living.

Mesothelioma Claim Types

Personal Injury Claim
Filed by mesothelioma victims, someone who has recently been diagnosed with mesothelioma.

Includes claims for:

  • Medical expenses (diagnosis,treatment, etc.)
  • Lost income and expected future income
  • Pain and suffering experienced beacuse of an asbestos-related disease
Wrongful Death Claim
Filed by next of kin of those who have passed away from mesothelioma.

Includes claims for:

  • Medical costs incurred before the individual’s death
  • Loss of expected income from untimely death
  • Funeral and related expenses

Who Pays Claims?

The money used to pay claims can come from several different sources, depending on the individual circumstances of the asbestos exposure that lead to the development of mesothelioma. Different options will be available based on company or employer liability and when the exposure occurred.

Lawsuits – Companies that are responsible for exposing workers, customers, or others to asbestos can be sued in court to be held liable. Mesothelioma patients can often receive money through a settlement or verdict.Asbestos Trust Funds – Many asbestos companies that have previously gone bankrupt have established trust funds to pay claims by mesothelioma patients and other asbestos-exposure victims.
Veterans Benefits – The U.S. Department of Veterans Affairs has recognized mesothelioma as a covered disease for individuals exposed during their military service. Veterans may be able to have medical and related expenses paid through the VA.Worker’s Compensation – Even individuals who have already retired from their job may be eligible for worker’s compensation if exposed to asbestos on the job. Rules and availability differ from state to state, depending on where you worked.

How to File a Mesothelioma Claim

Typically, mesothelioma patients or their families will need to file their claim through a lawyer experienced in asbestos-related litigation. The information required to file includes:

  • Details about the individual’s exposure to asbestos (where, when, etc.)
  • Duration of the exposure (e.g., over a period of 3 years)
  • Effect of the exposure on the individual’s health

It is important to start the process as soon as possible, since most states allow only a limited amount of time after a mesothelioma diagnosis in which to file a claim: anywhere from 1 year in California to up to 6 years in Maine. (The average is within 2-3 years for most states.)

StateStatute of LimitationsWrongful Death Statute
Alabama2 years from diagnosis2 years from death
Alaska2 years from diagnosis2 years from death
Arizona2 years from diagnosis2 years from death
Arkansas3 years from diagnosis3 years from death
California1 years from diagnosis1 years from death
Colorado2 years from diagnosis2 years from death
Connecticut3 years from diagnosis3 years from death
Delaware2 years from diagnosis2 years from death
Florida4 years from diagnosis2 years from death
Georgia2 years from diagnosis2 years from death
Hawaii2 years from diagnosis2 years from death
Idaho2 years from diagnosis2 years from death
Illinois2 years from diagnosis2 years from death
Indiana2 years from diagnosis2 years from death
Iowa2 years from diagnosis2 years from death
Kansas2 years from diagnosis2 years from death
Kentucky1 year from diagnosis1 year from death
Louisiana2 years from diagnosis2 years from death
Maine6 years from diagnosis2 years from death
Maryland3 years from diagnosis3 years from death
Massachusetts3 years from diagnosis3 years from death
Michigan3 years from diagnosis3 years from death
Minnesota4 years from diagnosis3 years from death
Mississippi3 years from diagnosis3 years from death
Missouri5 years from diagnosis3 years from death
Montana3 years from diagnosis3 years from death
Nebraska4 years from diagnosis2 years from death
Nevada2 years from diagnosis2 years from death
New Hampshire3 years from diagnosis3 years from death
New Jersey2 years from diagnosis2 years from death
New Mexico3 years from diagnosis3 years from death
New York3 years from diagnosis2 years from death
North Carolina3 years from diagnosis2 years from death
North Dakota6 years from diagnosis2 years from death
Ohio2 years from diagnosis2 years from death
Oklahoma2 years from diagnosis2 years from death
Oregon3 years from diagnosis3 years from death
Pennsylvania2 years from diagnosis2 years from death
Rhode Island3 years from diagnosis3 years from death
South Carolina3 years from diagnosis3 years from death
South Dakota2 years from diagnosis2 years from death
Tennesee1 year from diagnosis1 year from death
Texas2 years from diagnosis2 years from death
Utah3 years from diagnosis2 years from death
Vermont3 years from diagnosis2 years from death
Virginia2 years from diagnosis2 years from death
Washington3 years from diagnosis3 years from death
Washington, D.C.3 years from diagnosis1 year from death
West Virginia2 years from diagnosis2 years from death
Wisconsin3 years from diagnosis3 years from death
Wyoming4 years from diagnosis2 years from death
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    • About The Writer Photo of Dan Heil Dan Heil

      Dan is a contributing writer for The Mesothelioma + Asbestos Awareness Center. He hopes to help educate on everything related to a mesothelioma diagnosis and answer any questions patients or family members may have.