Mesothelioma Lawsuit Process – Steps to File a Claim

The mesothelioma lawsuit process consists of various legal steps that vary from most other types of personal injury claims. Due to the unique aspects of the disease, such as a long latency period and difficulty in tracing asbestos exposure, legal actions require thorough documentation and evidence gathering.

If you or your family are contemplating a 2026 claim, it is crucial to understand the legal process. This knowledge can help you make educated choices and prepare for what lies ahead. Part of this preparation involves understanding medical records, employment documentation, and procedural rules that vary by the claim’s location.

Confirming Diagnosis and Claim Readiness

An initial task an attorney can perform when taking a new mesothelioma case is verifying the diagnosis and medical sufficiency to file a claim. This can sometimes involve verifying pathology reports, biopsies, and even images such as CAT scans that demonstrate that the cancer is mesothelioma and not another form of cancer.

An estimated 2,669 people were diagnosed with mesothelioma in the United States in 2022. Attorneys need to know whether or not the present diagnosis can warrant a personal injury claim, or if an ongoing or future condition can support a wrongful death action, based on the facts of the case. This is how lawyers can know the case is backed up by objective medical evidence before a legal claim is filed.

Mapping Exposure to Specific Products and Worksites

After a diagnosis, the attorney can work to piece together where and how exposure to asbestos took place. The process is more involved than simply identifying a list of employers. It can include identifying job tasks, materials, equipment, and even products found at each workplace. This is due to the fact that mesothelioma typically takes decades to develop.

Symptoms of mesothelioma can begin anywhere from 20 to 40 years after exposure. The disease’s long latency period often requires historical research. Resources such as employment records, military and shipyard or plant files, and product identification databases can help link exposure to manufacturers, suppliers, or contractors that may be named as defendants.

Filing the Legal Claim and Establishing Jurisdiction

Once the exposure pathways and defendants are identified, the attorneys draft and file a complaint. This is the formal pleading step where the attorneys choose the appropriate court, which may be based on the location of exposure, the place of business of the defendants, or the residence of the claimant.

The complaint can state the factual basis for the claim, identify the defendants, and assert the legal theories under which the defendants can be held liable. Filing the complaint also commences the procedural deadlines and preservation obligations. The defendants, once served, must file an answer or other response, which officially commences the litigation phase and begins discovery and motion practice.

Discovery, Testimony, and Resolution

Discovery involves the exchange of documents and the taking of sworn testimony by both parties. The claimant is usually deposed early in the discovery process to preserve their testimony. The defendant may be deposed on topics such as the history of asbestos use, product composition, and safety practices. The court may decide any evidentiary or procedural disputes before the trial begins.

Many mesothelioma lawsuits settle after negotiation between the parties. Other cases go to trial. The extent to which the evidence establishes a history of exposure, the identification of the products that caused the exposure, and medical causation usually determine the outcome. These issues are often resolved during the earlier steps.

FAQs

Who Is Eligible to File a Mesothelioma Claim?

Eligibility to file a mesothelioma claim typically depends on whether the individual in question has a mesothelioma diagnosis and can prove exposure to asbestos. In certain cases, the surviving family members may be eligible to file claims on a loved one’s behalf. Eligibility is sometimes subject to state law, when the diagnosis was made, and whether other related claims have already been filed. It is often on a case-specific basis.

How Long Does a Mesothelioma Case Typically Take?

A mesothelioma case can last for several months or years, depending on the case specifics. The number of defendants, court schedules, and the complexity of the exposure history can all impact timelines.

Some cases move more quickly due to the seriousness of the disease, while others are bogged down by extended discovery or motion practice. Courts may prioritize mesothelioma cases, but it is still important to consider jurisdictional and procedural factors when assessing potential timelines.

Can Multiple Claims Be Filed for the Same Asbestos Exposure?

In certain situations, a person may be able to file more than one type of asbestos-related claim. For example, a person may be able to file a claim against solvent companies and may also have claims involving asbestos bankruptcy trusts.

In these types of cases, multiple claims may be appropriate depending on the sources of exposure, work history, and other relevant legal rules. Handling multiple claims requires coordination to maintain consistent management according to court rulings.

Why Do Many Mesothelioma Claims Involve Lung-Related Disease?

About 80% of mesothelioma cases are pleural, which is where the cancer is in the lining of the lungs. Pleural mesothelioma is strongly connected to inhaling asbestos fibers on the job. Since symptoms may be similar to other respiratory conditions, legal claims focus on medical records and diagnostic evidence to identify the specific disease.

Hire a Mesothelioma Lawyer

The mesothelioma legal process is complicated and includes investigation, procedural details, and careful coordination of medical records and historical exposure information. Wallace & Graham, P.A. has handled asbestos litigation for many years and is familiar with the legal procedures these cases must follow.

Wallace & Graham, P.A. has represented mesothelioma victims and their families for decades. Our firm excels at locating the sites of exposure and determining liability responsibility. We also have the know-how to work with procedural rules that apply in asbestos cases. Through years of legal and factual work, Wallace & Graham, P.A. brings to the table a track record of building claims with medical data, history, and the law to back them up as the case proceeds.

At our firm, we concentrate on building cases and following the rules to present you or your family with well-documented and straightforward claims when you have been injured by asbestos exposure. Contact us to hire a mesothelioma lawyer today.