Complete Guide to Filing a Mesothelioma Claim

The first step is a free, confidential consultation with a mesothelioma attorney. During this initial meeting, the attorney will:

• Evaluate your case — review your diagnosis, exposure history, and state filing deadlines
• Explain your options — lawsuits, trust fund claims, VA benefits (if a veteran), and other compensation sources
• Outline the timeline — how long each option typically takes and what to expect
• Answer your questions — there is no cost and no obligation for this consultation

What to bring: Your diagnosis records, a list of employers and job sites where asbestos exposure occurred, military service records (if applicable), and any questions you have. See our consultation preparation guide for a detailed checklist.

Your attorney will help you reconstruct a complete history of where and when you were exposed to asbestos. This is the foundation of your claim. Key sources include:

• Employment records — W-2s, pay stubs, union records, Social Security earnings statements
• Military service records — DD-214, service medical records, duty station assignments
• Coworker testimony — statements from colleagues who can confirm asbestos presence
• Facility records — building permits, OSHA inspection reports, EPA filings
• Product identification — which specific asbestos-containing products were used at your worksite

Even if your records are incomplete, experienced mesothelioma attorneys have access to databases of known asbestos job sites and can help fill in the gaps. See our exposure documentation guide.

Asbestos trust funds were created by bankrupt asbestos companies to compensate victims. There are over 60 active trusts with more than $30 billion available. Your attorney will:

• Identify which trust funds apply to your specific exposure history
• Prepare and file claims with each eligible trust
• Handle all documentation and communication with the trusts
• Track payment schedules and follow up on pending claims

Important: Trust fund claims do not require a lawsuit. They can be filed alongside litigation and typically pay out within 6-12 months. You may be eligible for claims with multiple trusts. See our trust fund filing guide and trust fund checker tool.

If your exposure involved companies that did not go bankrupt (and therefore have no trust fund), your attorney will file a personal injury or wrongful death lawsuit. The complaint identifies:

• The defendant companies responsible for your asbestos exposure
• How and where exposure occurred
• The resulting diagnosis and damages

Where to file: Your attorney will determine the best jurisdiction based on where exposure occurred, where you live, and which courts have the most favorable mesothelioma case law. Many mesothelioma lawsuits are filed in courts with specialized asbestos dockets.

After filing, both sides exchange evidence during the discovery phase:

• Interrogatories — written questions about your exposure, medical history, and employment
• Document requests — medical records, employment records, and expert reports
• Depositions — recorded testimony under oath, usually at your home or a nearby location for your convenience

Your attorney will prepare you for depositions and handle all procedural requirements. Due to the serious nature of mesothelioma, many courts expedite discovery timelines for these cases.

The majority of mesothelioma cases settle before trial. Your attorney will negotiate with the defendants to reach a fair settlement. If a reasonable settlement cannot be reached, your case will go to trial.

• Settlement: Most cases settle within 12-18 months of filing. Average settlements range from $1 million to $1.4 million, depending on exposure history, diagnosis, and other factors.
• Trial: If the case goes to trial, mesothelioma juries have awarded verdicts exceeding $10 million. Trials typically last 2-4 weeks.

Once a settlement is reached or a verdict is awarded, compensation is distributed. Trust fund payments may arrive on a separate schedule. Your attorney will ensure all funds are properly accounted for and distributed according to your agreement.

Attorney fees: Mesothelioma attorneys work on a contingency fee basis, meaning you pay nothing upfront and nothing unless compensation is recovered. The standard contingency fee is typically 33-40% of the recovery.

If the exposed person is a military veteran, additional compensation may be available through the Department of Veterans Affairs. Veterans with mesothelioma qualify for:

• VA disability compensation — mesothelioma is rated at 100% disability
• VA healthcare — treatment at VA medical centers or approved community providers
• Dependency and Indemnity Compensation (DIC) — monthly benefits for surviving spouses and dependents

Important: VA benefits can be collected alongside lawsuit settlements and trust fund payments. They do not offset each other. See our VA disability guide and VA benefits screener.

Every state has a statute of limitations — a deadline for filing a mesothelioma lawsuit. If you miss this deadline, you lose the right to file. Common deadlines:

• 1 year: Louisiana, Tennessee
• 2 years: California, Texas, Pennsylvania, Ohio, and most other states
• 3 years: New York, New Jersey, Florida, Michigan
• 4-6 years: Maine, North Dakota

The clock typically starts from the date of diagnosis (or date of death for wrongful death claims). Use our filing deadline calculator to check your state's deadline.