If you or someone in your family has been diagnosed with mesothelioma cancer, it’s natural to have questions. Many families have never worked with a law firm before pursuing compensation for mesothelioma, and didn’t know how lawsuits, asbestos trust funds, and statutes of limitations all fit together.
We asked Arthur Prystowsky, a partner at top mesothelioma law firm Simmons Hanly Conroy, to break down how the legal process works and what families can expect when they decide to file a claim. As an asbestos exposure and mesothelioma attorney, he’s guided families across the country through every step of seeking compensation for asbestos-related diseases.
Arthur’s parents are doctors who treat cancer patients, and that experience gave him a clear sense of what families face after a diagnosis. It also taught him the importance of listening, explaining things clearly, and being there when people need help.
In our conversation, Arthur shared what led him to this area of law, how asbestos trust funds work, and what families can expect when filing asbestos legal claims.
What inspired you to become a mesothelioma attorney?
Because my parents are physicians who have dedicated their work to helping patients diagnosed with cancer and providing them with treatment, I have seen the emotional impact of cancer from a young age. The families they have helped often had so many questions, from the diagnosis itself to treatment options and what to expect.
My parents worked hard to help their patients understand what their bodies were going through and how to fight back. When I became a lawyer, I wanted to help my clients in a similar way — helping them navigate a complicated legal system to get compensation and focus on their health.
My background helped lay the foundation for my understanding of the medical nuances that come up in these cases. I can explain what’s happening in a way that the average family can actually understand, so they can make informed decisions.
It’s profoundly rewarding to see patients and their families realize they do have more options than they thought and that there is a reason to be hopeful, even though they’re navigating such a challenging situation.
How do I know if I was exposed to asbestos?
If you have mesothelioma, you were exposed to asbestos in some way at some point. It could be indirectly, it could be through talc, or maybe it was used somewhere on the job that you didn’t know about. Employers aren’t always forthright with this information, so unfortunately, workers and their families don’t always know what happened — but we’re very good at figuring it out.
I’ve worked with clients in all kinds of jobs, from factory and construction workers to military veterans and homemakers. The sooner we start our investigation, the easier it is to collect evidence, determine how exposure happened, and identify what companies or manufacturers might be responsible.
How do you prove asbestos exposures that happened decades ago?
It all starts by looking at where someone worked, what products were used on the job or at home, and what asbestos companies supplied those products. Our firm has its own asbestos product database built from decades of handling asbestos cases. This gives us an edge and helps us connect the dots when clients aren’t sure exactly where their exposure happened.
So, I review old company records, supplier lists, product manufacturing details, and court documents from past cases to piece things together and prove someone’s exposure history.
Once, I represented a worker in a pizza restaurant who didn’t think asbestos had ever been part of his job. When we looked closer at the equipment, we found out that the ovens he used every day had asbestos in the stone layer, which explained his exposure and allowed us to secure settlements from multiple companies.
How do secondhand asbestos exposure cases work?
Secondhand exposure happens when asbestos fibers are carried home on someone’s clothing or gear, and another family member breathes them in. Unfortunately, even indirect exposure like this can cause mesothelioma to develop decades later. We usually see this with clients who were just doing their spouse’s laundry or children who hugged their dad after work.
In one case, I represented a mail carrier who was exposed through his brother’s work clothes as a teenager. By reviewing his job history and identifying the asbestos products he handled, we identified how the exposure happened. He was able to receive compensation for his asbestos-related disease through the legal claims process.
These situations are heartbreaking because no one at home knew there was any danger. But the law does recognize take-home exposure, and families in that position have the same right to file a mesothelioma claim as someone who worked directly with asbestos.
Have you handled cases involving asbestos in talc products?
Yes, I’ve represented people who were exposed to asbestos in talc products. Many talc mines were contaminated with asbestos, and the fibers ended up in cosmetic and household powders that people used every day.
Many of my clients had no idea these products could be dangerous because they were marketed as safe for decades. In one talcum powder case, my client developed mesothelioma after years of using a common cosmetic powder that was only later shown to contain asbestos.
Our firm has done extensive work investigating how asbestos got into these talc products — reviewing mining records, lab testing data, and company documents to trace where the contamination started.
What are asbestos trust funds, and how do they work?
Asbestos trust funds were created when companies that used or made asbestos-based products went bankrupt. Even though those companies ran out of money or shut down, the law required them to set aside funds to help people who later got sick from asbestos exposure.
Trust funds are different from lawsuits, and many families are eligible to file both. Trust fund claims are filed against companies that went bankrupt but set money aside for victims. Mesothelioma lawsuits are brought against companies that are still in business and can be held directly accountable in court.
In these cases, I review each client’s employment documents and service records to identify which companies are linked to trust funds and which can still be sued. This helps us recover compensation from all possible sources.
With trusts, your legal team will submit proof of the diagnosis and explain how you were exposed to the company’s asbestos products. Once the claim is reviewed and approved, the trust distributes the payout directly to the client or their family.
I’ve seen what a difference that money can make, helping cover treatment-related costs, medical bills, and daily living expenses. When someone is dealing with cancer, it helps to know there’s some sort of financial support on the way.
What is the average payout for asbestos cases?
The amount of compensation someone receives from an asbestos trust fund depends on a few things. The type of asbestos-related disease is a significant factor. Patients diagnosed with mesothelioma usually qualify for higher payments than those with other conditions.
It also depends on the exposure details in the case, since many people were exposed to asbestos through multiple companies or products. In one case, my client had been exposed to asbestos through HVAC equipment, and I helped uncover multiple manufacturers responsible for his mesothelioma diagnosis.
There isn’t one set amount that everyone receives. Each asbestos claim is treated individually based on what happens in each case.
How long do families have to seek compensation for asbestos-related diseases?
Every state has its own statute of limitations, which is the legal deadline for filing asbestos legal claims. Because mesothelioma and other asbestos-related diseases can take up to 50 years to develop, many people don’t realize they still have a right to pursue a claim.
These filing windows vary by state, and some are only 1 or 2 years long. That’s why it’s important to reach out to a mesothelioma lawyer as soon as possible after a diagnosis. We can figure out which state’s rules apply and make sure everything is filed on time.
Even if you’re not sure where the exposure came from, that’s something I can help uncover. My team has spent years building resources to track down all sources of exposure.
Asbestos Legal Support That Makes a Difference
Filing asbestos legal claims can feel complicated, especially when you’re focused on treatment and your family’s well-being. Talking with an experienced mesothelioma attorney can help you understand your options and what steps to take next.
Arthur Prystowsky and the rest of the attorneys at Simmons Hanly Conroy have helped thousands of families affected by asbestos exposure pursue compensation from the companies responsible for their illness.
The firm, a national leader in asbestos litigation, has more than 25+ years of experience and has recovered over $10.3 billion in total mesothelioma compensation for clients across the country.
If you or someone you love has been diagnosed with an asbestos-related disease, help is available. Call (866) 608-8933 now or get a free case review to learn more.
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