How Do I File a Mesothelioma Lawsuit?

Name: How to File a Mesothelioma Lawsuit: Step-by-Step Guide
Uploaded: 2025-08-17T13:47:16-07:00
Duration: 48 s

August, 20

How Do I File a Mesothelioma Lawsuit?

Step-by-Step Guide to Seeking Compensation

If you or a loved one has been diagnosed with mesothelioma, one of your first questions may be: “How do I file a mesothelioma lawsuit?” Filing a lawsuit can help you secure compensation for medical bills, lost wages, and pain and suffering. At MesotheliomaAttorney.com, we’ve guided thousands of asbestos victims through this process — here’s what you need to know.

Step 1: Confirm Your Diagnosis

Before starting a lawsuit, you’ll need medical documentation proving your mesothelioma diagnosis. This typically includes:

Pathology reports
Imaging scans (CT, PET, or X-ray)
Doctor’s notes confirming the type and stage of mesothelioma

Why this matters: Courts and asbestos trust funds require official medical proof to link your illness to asbestos exposure.

Step 2: Choose the Right Attorney

Mesothelioma cases are unlike other personal injury lawsuits — they involve decades-old exposure, complex corporate histories, and specialized legal rules. That’s why it’s critical to hire an attorney who:

Focuses exclusively on asbestos cases
Has a track record of winning significant verdicts and settlements
Understands both trust fund claims and lawsuits against still-operating companies

As attorney Paul Danziger explains:

“A lot of these cases involve exposures from 30, 40, even 50 years ago. You need a law firm that knows how to track down the companies, products, and job sites responsible.”

Step 3: Identify the Source of Exposure

Your legal team will work with you to trace your asbestos exposure. This often involves:

Reviewing past employment records
Talking to former co-workers
Researching products and materials used at your worksites
Investigating military service records, if applicable

Tip: You can often pursue compensation from multiple sources — both through lawsuits and asbestos trust funds.

Step 4: Decide Where to File

Mesothelioma lawsuits can often be filed in several states, depending on:

Where you live now
Where the exposure occurred
Where the responsible company is located or did business

Your attorney will recommend the jurisdiction that offers the best chance for a fast, favorable outcome.

Step 5: File Your Complaint

The lawsuit begins when your attorney files a complaint — a legal document that names the defendants and explains:

How you were exposed to asbestos
How that exposure caused your illness
The damages you’re seeking

Once filed, the defendants are formally notified and have a set period to respond.

Step 6: Go Through the Discovery Process

In discovery, both sides exchange information. This may include:

Depositions (sworn statements from you, witnesses, and company representatives)
Requests for company records and safety documents
Expert testimony from medical and occupational specialists

Note: In mesothelioma cases, courts often fast-track the process to account for the patient’s health condition.

Step 7: Settlement or Trial

Most mesothelioma lawsuits end in settlements before trial — meaning the defendants agree to pay you an agreed-upon amount.

If a settlement isn’t reached, the case goes to trial, where a jury or judge decides:

Whether the defendants are liable
How much compensation you should receive

Step 8: Collecting Your Compensation

If you win at trial or agree to a settlement, your attorney will ensure the payment is processed. In many cases, you can also collect asbestos trust fund compensation alongside your lawsuit recovery.

Frequently Asked Questions

How long do I have to file a mesothelioma lawsuit?

Each state has a statute of limitations — often 1–3 years from diagnosis — so it’s important to act quickly.

Can I still file if the company is bankrupt?

Yes. If the responsible company filed for bankruptcy, you may be able to file a trust fund claim instead of (or in addition to) a lawsuit.

Will I need to travel for court?

Usually not. In most cases, your attorney can come to you for depositions, and your case can be filed in a favorable jurisdiction without you traveling.