Mesothelioma is a devastating disease that is almost entirely preventable. If you or a loved one has been diagnosed with mesothelioma, you have certain rights that will help you and your family find your way through the storm.

By working with a qualified attorney who has experience with this type of personal injury or wrongful death case, you can get the compensation you deserve to help cover medical expenses and the emotional turmoil the disease has put you through.

Having an attorney by your side can lighten your load and give you peace of mind that everything is being taken care and all deadlines are being met.

Different Types of Mesothelioma Claims

There are different types of mesothelioma claims you can look into. They include:

  • Personal injury claims. These claims are filed when a person contracts mesothelioma because of asbestos exposure on the job or through environmental pollution or secondhand exposure.
  • Wrongful death claims. If a person passes away from mesothelioma, family members can file a wrongful death claim to receive compensation for medical expenses, lost income, funeral expenses, and pain and suffering.
  • VA claims. If exposure to asbestos occurred while the person was in the armed forces, they are entitled to VA health care and other benefits.

Knowing what type of case you have is important so that all filing deadlines can be met before the statute of limitations runs out.

While VA claims are not typically considered one of the two primary categories of mesothelioma claims, this option must be considered if a person is former military and it can been proven that their diagnosis is directly related to their military service.

Time Limits for Filing Mesothelioma Claims

Every state is different in terms of filing deadlines for mesothelioma claims. For a personal injury claim, states normally require cases to be filed 1 to 3 years from the initial diagnosis.

There are states, however, that allow for a longer time frame. For example, Maine and North Dakota allow 6 years, and Nebraska and Wyoming allow 4 years from the time of the initial diagnosis.

When it comes to filing a wrongful death claim, states normally allow for 1 to 3 years from the date of death. Each state has specific guidelines and requires certain stipulations to be met.

If you are thinking about filing a claim, it’s important to talk to an attorney who handles mesothelioma claims so that you get the most accurate information possible for your particular state.

Document and hourglass on table

Statutes of limitations range from 1 to 6 years to file a claim. The statute of limitations may differ depending on the type of claim. Speaking with a qualified mesothelioma lawyer as soon as possible can protect your rights.

Filing a Claim Once a Loved One Has Passed Away

After a death from mesothelioma, family members are often left with huge medical bills and dealing with the grief associated with a life that has been cut short too soon.

If you decide to file a wrongful death claim associated with mesothelioma, you will have to prove that your loved one’s death was related to asbestos exposure.

This involves collecting their full work history, medical history, a detailed list of all of their medical expenses in relation to the mesothelioma diagnosis and treatment, as well as any other documentation you may need to support your claim.

Last Modified: July 3, 2019