An Attorney's Role in Asbestos and Mesothelioma Claims

These cases often involve proving where the exposure occurred and pursuing compensation through lawsuits, settlements, or asbestos trust funds.

Asbestos is a fibrous mineral used in insulation and fireproofing materials. Since the Clean Air Act of 1970, regulatory agencies have restricted or banned asbestos-containing products. Asbestos companies are the subjects of an increasing number of health-related lawsuits. Doctors linked asbestos exposure and a deadly lung cancer known as mesothelioma as early as the 1940s.

Following the near-total ban on all forms of asbestos in 1989, the number of mesothelioma cases required the creation of asbestos trust funds to pay the claims. This article briefly reviews asbestos and mesothelioma claims and how a mesothelioma lawyer can advocate for you during the legal process.

Work-Related Asbestos Exposure

Mesothelioma and asbestosis are lung diseases caused by long-term exposure to asbestos fibers. Most asbestos victims worked in particular fields before 1989, mainly:

• The shipyards and maritime industry, where asbestos was widely used in a spray-on form as insulation
• Military and military manufacturing, where asbestos was used in flame retardant materials, liners, and engines
• Automotive manufacturing and repair
• Asbestos mining and processing
• Building implosion and demolition

The Occupational Safety and Health Administration (OSHA), a federal agency, addresses asbestos exposure risks in these industries.

After 9/11, there was a renewed focus on asbestos law when the disaster exposed first responders to airborne asbestos dust from the Twin Towers collapse.

Asbestosis and Mesothelioma Exposure

The Environmental Protection Agency (EPA) monitors the use of asbestos. Since the Clean Air Act of 1970, the EPA has continued to limit the use or import of asbestos into the United States. The U.S. bans all forms of asbestos as of March 2024.

Asbestos exposure continues because brakes, insulation, fireproofing, and other asbestos-containing substances remain on the market and in use. Mesothelioma and asbestos cases are primarily personal injury, product liability, and toxic tort claims. Most plaintiffs settled their class action or mass torts cases.

Plaintiffs who want to file a mesothelioma lawsuit need an experienced mesothelioma attorney. The lawyer must know how to tie a mesothelioma diagnosis to asbestos exposure and work in or near products containing the substance. Most asbestos lawyers agree that a single exposure or casual contact is insufficient to sustain a personal injury lawsuit.

Time Limits for Asbestos and Mesothelioma Claims

Asbestos litigation is time-limited. Like all personal injury claims, asbestos-related claims are subject to state statutes of limitation. You have a limited time to file a legal claim even if you have a valid lawsuit. In most states, the statute of limitations ranges from two to six years. The statute of limitations starts, or “runs,” from the date a doctor diagnoses you or your family member with an asbestos-related disease, not from the date of exposure.

Mesothelioma, like all cancers, takes many years to develop. A related disease, asbestosis, is characterized by scarring of the lung tissue. It may not appear for many years. For this reason, mesothelioma victims may be seriously ill or have died before getting an accurate diagnosis.

The statute of limitations for a wrongful death lawsuit begins once a cause of death is determined. Family members can still file an asbestos lawsuit after their loved one has died.

Proving Fault in an Asbestos or Mesothelioma Claim

The legal process for proving a mesothelioma-related injury or death is complicated. You will need proof that asbestos caused the disease and proof of all medical expenses. Your attorney needs:

• Medical bills, invoices, and test results
• Your work history, job titles, and job duties
• Any military history, if you are making a VA claim

Be as complete and honest with your attorney as possible. Your asbestos attorney is on your side and needs all available information to get you financial compensation.

Mesothelioma Trust Fund Claims

Because of the number of mesothelioma settlements, many former asbestos producers and manufacturers filed for bankruptcy. To continue paying the claims, the debtor companies petitioned Congress for permission to set up special mesothelioma trust funds to ensure payouts for future claims. More than 60 trusts have over $60 billion in managed funds, and companies are still joining the trust list.

The trust funds do not guarantee mesothelioma compensation for all patients. Your attorney must still prove your case meets the requirements. When you begin legal action, you should look for attorneys who understand the trust fund claim process and know how to maximize your claim. The attorney should understand how state laws work with federal laws and your state’s statute of limitations for your claim.

How Do Mesothelioma Attorneys Charge?

Most mesothelioma law firms work on a contingency basis. This means your attorney only gets paid (through a percentage of your awarded damages) if you win your case. You should not have to pay anything out of pocket for your claim. Ask for a free case evaluation before committing yourself.

How To Find an Attorney for Your Asbestos Claim

If you have an asbestos-related illness, contact an asbestos and mesothelioma attorney immediately to explore your legal options. Your attorney will work to identify where your exposure occurred, gather evidence to support your claim, and determine whether you qualify for trust fund compensation.

Because your state’s laws and statute of limitations is relevant, your attorney should be licensed in your state. FindLaw’s directory of asbestos mesothelioma lawyers can get you started. Enter your city or ZIP code for a list of legal advisors near you. Your search results will also show ratings and contact information.