Mesothelioma claims, which emerged in the early 1970s and continue to be filed today, comprise the longest running mass tort litigation in U.S. history. In fact, according to a 2005 study conducted by the RAND Corporation, some 730,000 asbestos-related claims were filed through the end of 2002, costing businesses and insurance companies more than $70 billion.

Although the number of mesothelioma claims filed annually started off small, the numbers sharply rose during the 1990s. This sharp rise was presumably caused by increased public awareness about mesothelioma, asbestos, and the availability of compensation. By the end of 2002, mesothelioma and other asbestos-related claims had been filed against more than 8,400 businesses. 

What are Mesothelioma Claims About?

Mesothelioma claims are mainly filed by victims who were exposed to asbestos in the workplace. Generally, mesothelioma claims are filed against a victim’s former employer, and assert that the employer failed to warn the victim about the risks associated with asbestos exposure. In addition, mesothelioma claims typically contend that the employer failed to adequately protect the victim from asbestos exposure. Sometimes, when a victim was exposed to asbestos in more than one location, an individual asbestos exposure victim will bring a mesothelioma claim against several companies.

Who Can File a Mesothelioma Claim?

Anyone who has developed mesothelioma through exposure to asbestos can file a mesothelioma claim. While most mesothelioma claims are filed by mesothelioma victims who were exposed to asbestos at work, a family member who has developed the disease through close contact with the person who was exposed to asbestos can also file a mesothelioma claim. In addition, if the mesothelioma victim has passed away, a family member can file a claim on a mesothelioma victim’s behalf. Finally, a mesothelioma claim may be filed by the executor of the mesothelioma victim’s estate.

How to File a Mesothelioma Claim

In order to file a mesothelioma claim, victims should find a mesothelioma lawyer as soon as possible after being diagnosed with mesothelioma. Finding an attorney is imperative because each state has a time limit, called a statute of limitations, restricting how long each individual has to file a mesothelioma claim. The time limit varies from state to state, but it’s usually one to two years from diagnosis.

To learn more about how to file a mesothelioma lawsuit, contact our experienced mesothelioma attorneys today.

Published November 17, 2011 by