How to File a Mesothelioma Claim
How to File a Mesothelioma Claim
Filing a mesothelioma claim is one of the most important steps you can take after a diagnosis. These claims help cover medical costs, replace lost income, and hold asbestos companies accountable.
If you’re not sure where to begin, you’re not alone. Most people don’t know how mesothelioma claims work until they have to file one themselves. This guide breaks it down — clearly, step by step.
You’ll learn:
- Who qualifies to file
- What evidence is needed
- How long the process takes
- What kind of compensation may be available
- And how SWMW Law can help, no matter where you live
Whether you’re just starting to look into your options or already gathering documents, this page will help you understand what to expect, and what to do next.
Mesothelioma Claim - Step by Step:
- Get a confirmed diagnosis from a pathologist.
- Call an asbestos attorney within 1-3 years of diagnosis to protect your statute of limitations.
- Document exposure – work sites, military records, asbestos-containing products.
- Choose the best jurisdiction (often Madison, St. Clair, or Cook County, IL).
- File your lawsuit, trust-fund, or VA claim.
- Settle or go to trial.
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What Is a Mesothelioma Claim?
A mesothelioma claim is a legal action taken by someone who has been diagnosed with mesothelioma, or by their family after a death. These claims seek financial compensation from companies responsible for asbestos exposure.
There are four main types of mesothelioma claims:
Personal injury claims – filed by the person diagnosed
Wrongful death claims – filed by surviving family members
Asbestos trust fund claims – filed through a bankruptcy trust, not the court system
VA claims – filed by veterans through the Department of Veterans Affairs
Each type follows a different process. Some can be filed together. A good legal team will look at every option to make sure no opportunity is missed.
Are You Eligible to File a Mesothelioma Claim?
Most people who file a mesothelioma claim were exposed to asbestos decades ago, often without knowing it. You don’t need to remember every detail right away. A legal team can help you figure that out.
But here’s what makes someone eligible to file:
You must have one of the following:
- A confirmed mesothelioma diagnosis
- A confirmed asbestos-related lung cancer diagnosis (in some cases)
- A death certificate showing mesothelioma or asbestos-related cancer as a cause of death
And one or more of these must be true:
- You were exposed to asbestos on the job (construction, factory work, shipyards, etc.)
- You were exposed during military service
- You lived with someone who brought asbestos fibers home from work
- You used products that contained asbestos
You don’t have to prove everything upfront. Most people don’t have full records. A good firm will help gather medical records, work history, and witness statements to back up your claim.
There are also time limits. Most states give you 1 to 3 years after diagnosis (or death) to file. That’s why it’s important to talk to someone as soon as possible, even if you’re not ready to move forward yet.
Step-by-Step: How to File a Mesothelioma Claim
Filing a claim doesn’t mean going to court or dealing with paperwork on your own. A legal team handles almost everything. But it helps to know the steps involved.
Here’s what the process usually looks like:
Get a confirmed diagnosis
A mesothelioma diagnosis must come from a doctor. Most people are diagnosed through a biopsy or scan. Your legal team will request medical records and pathology reports to support your claim.
Identify how and where you were exposed
This step looks at your work history, military service, or product use. Some people were exposed at more than one place. Others don’t remember exactly when. That’s okay. A good firm will help fill in the gaps using job-site records and product databases.
Choose the right place to file
You don’t have to file in the state where you live. You can often file where exposure happened or where a company did business. Some courts move faster and return higher awards. Your legal team will choose the best venue for your case.
File the claim
Once the exposure and diagnosis are confirmed, your team files the claim. This could be a lawsuit, a trust fund claim, a VA claim, or all three. You don’t need to appear in court for most claims.
Give a statement (if needed)
Most cases involve a recorded statement, called a deposition. You tell your story, usually from home, over video. Your lawyer handles the rest.
Receive compensation
Some claims settle quickly. Others take more time. Most mesothelioma claims resolve within 12 to 18 months. If a case goes to trial, it may take longer. Your legal team pushes for the best possible outcome without delay.
Choosing the Best Jurisdiction
Where you file a mesothelioma claim can affect how long it takes, how strong your case is, and how much you may recover. Some courts handle asbestos cases more often. Some states have better laws for people who were exposed long ago.
You don’t have to file in your home state.
Many people file in states where:
- The exposure happened
- The company responsible did business
- The court has a strong track record with asbestos cases
Illinois is one of the top filing states in the country. Madison County, St. Clair County, and Cook County all see a high number of mesothelioma cases each year. These courts have experienced judges and efficient case timelines.
SWMW files many cases here, even for clients who live out of state.
A good law firm will review all possible filing locations and choose the one that gives you the best chance at a strong, timely result.
Evidence You’ll Need
Mesothelioma claims are based on two things: your diagnosis and your exposure to asbestos. The more proof you have for both, the stronger your case.
Most clients don’t have everything up front. That’s normal. A good law firm will help collect it.
Here’s what’s usually needed:
Medical Evidence
- Pathology reports confirming mesothelioma
- Imaging scans (CT, PET, X-ray)
- Treatment history from cancer centers or VA hospitals
- Death certificate, if filing for a loved one
Exposure Evidence
- Work history records (especially for shipyards, construction, industrial plants)
- Union or military service documents
- Product names or companies tied to asbestos use
- Witness statements from coworkers or family members
In some cases, a single asbestos-containing product or job site is enough to support a claim. Other times, there are many sources. Your legal team will build the exposure timeline and track down the documents.
SWMW Law has an internal database of job sites, products, and companies that used asbestos. We also work with investigators and medical experts to build a solid claim, without putting that burden on you or your family.
How Long the Process Takes & What to Expect
Every mesothelioma claim follows a timeline. Some cases move quickly. Others take more time, depending on the type of claim, the court, and how many companies are involved.
Here’s what to expect:
- Trust fund claims: These often resolve in 3 to 6 months. Some are faster.
- VA claims: These usually take 3 to 6 months, depending on the VA office.
- Personal injury lawsuits: Most settle within 12 to 18 months.
- Wrongful death lawsuits: These follow a similar timeline.
- Trial cases: If no fair settlement is reached, a trial may take longer — but some courts will fast-track claims for patients who are seriously ill.
You don’t need to handle the process alone. Your legal team manages the paperwork, filing deadlines, and court schedules. At SWMW Law, we keep cases moving and stay in close contact so you always know what’s happening.
If your health is declining, we may be able to request an expedited schedule. In some courts, that means your case could be heard in just a few months.
What Kind of Compensation You May Receive
Mesothelioma claims are meant to cover the financial and personal impact of the disease.
The amount depends on several factors – including the type of claim, the companies involved, and where the case is filed.
Here are the main forms of compensation:
- Medical expenses – including surgery, chemotherapy, immunotherapy, travel, and long-term care
- Lost income – for wages you can’t earn due to illness or caregiving
- Pain and suffering – for physical symptoms and loss of quality of life
- Funeral costs – for families filing wrongful death claims
- Punitive damages – in some trial cases, if a company’s actions were especially reckless
Most mesothelioma claims settle out of court. Settlement amounts often range from $1 million to $2 million, depending on the case. Trial verdicts can be higher but may take more time.
If you’re filing multiple claims, like a trust fund claim and a lawsuit, compensation can come from more than one source.
There are no upfront costs to file. At SWMW Law, you don’t pay anything unless we recover money for you.
Why File With SWMW Law
You don’t need a lawyer near you. You need one who knows how to win these cases – in the right courts, against the right companies.
At SWMW Law, this is what we do. Every day. In courtrooms across the country.
- We’ve recovered over $750 million for asbestos victims and their families.
- We file in high-volume jurisdictions like St. Clair, Madison, and Cook County, even for out-of-state clients.
- We handle everything in-house. You’re not passed off to another firm.
- A managing partner stays involved in every case.
- We come to you – at home, at the hospital, or wherever you need us.
You won’t have to figure out exposure history on your own. You don’t need to track down records. And you won’t owe us a dime unless we recover money for you.
Mesothelioma cases are complex. But we’ve been through this thousands of times, and we know how to do it right.
Frequently Asked Questions
How long do I have to file a mesothelioma claim?
It depends on the state. Most states give you 1 to 3 years from the date of diagnosis or death. If you miss the deadline, you may lose your right to file. A lawyer can tell you exactly how much time you have.
Do I need to go to court?
Not usually. Most mesothelioma claims settle before trial. If a deposition is needed, it can often be done from home or a care facility. You don’t need to travel or appear in person.
How much does it cost to hire a mesothelioma lawyer?
There’s no cost unless you receive compensation. SWMW Law works on a contingency fee , that means we only get paid if you do.
Can I file if I don’t know where I was exposed?
Yes. Most clients don’t remember every detail at first. Your legal team will help uncover your exposure through work records, product lists, and company histories.
Can veterans file a mesothelioma claim?
Yes. Veterans can file both a VA claim and a legal claim. These are separate. Filing one doesn’t block the other.
What if my loved one already passed away?
You may still have a case. Family members can file a wrongful death claim or pursue trust fund compensation. Time limits still apply, so it’s best to check right away.
How long does a claim take?
- Trust claims: 3–6 months
- Lawsuits: Most settle in 12–18 months
- Trial cases: May take longer, but some can be fast-tracked
Next Steps: Talk to a Lawyer Who Handles Cases Like Yours
If you’re dealing with a mesothelioma diagnosis, the legal side can feel overwhelming. We make it easier.
At SWMW Law, we’ve helped thousands of families file claims, and we’re ready to help you.
Here’s what happens when you contact us:
- We listen to your story
- We explain your options
- We let you know if you’re eligible to file a claim
No sales pitch. No pressure. Just clear answers from a team that knows how these cases work.
Your consultation is free. You pay nothing unless we win.
Don’t wait to get help. Time limits apply in every state, and key evidence can fade over time. Let’s take the first step together.
Free Consultations Available 24/7
Because Justice Matters.
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (855) 744-1922.