Navigating a mesothelioma diagnosis involves more than just getting medical care. Families also face questions about their legal rights and how to cover expenses related to treatment.
To shed light on the claims process, we spoke with an asbestos attorney at top mesothelioma law firm Simmons Hanly Conroy. The firm has over 25 years of experience fighting for victims of asbestos exposure and over $10.3 billion from the corporations responsible for asbestos harm.
Casey Cira helps families who have been impacted by mesothelioma and other asbestos-related diseases, with a passion born from personal experience. After losing her husband to kidney cancer, Casey knows firsthand the emotional and financial strain that a serious illness places on patients and their loved ones.
For those beginning to explore their legal options, she shares answers to some of the most common questions about the asbestos lawsuit process and what to expect when working with a mesothelioma attorney.
What is a mesothelioma claim?
A mesothelioma claim allows patients and families to seek compensation from the companies responsible for their asbestos exposure. These cases exist because asbestos is the only cause of mesothelioma, and many companies used the toxic substance in their products even when they knew it could harm people.
At Simmons Hanly Conroy, we help clients pursue compensation from multiple types of claims depending on what’s going on in their case. The type of claim we file may vary depending on your relationship with the victim, their current health, and the companies involved in the claim.
If someone has passed away with mesothelioma, we may file a wrongful death claim in addition to asbestos trust funds, which allow people to seek payouts from companies that went bankrupt.
One of the most important parts of my job is making sure my clients are informed of every step of the process and are able to get every bit of compensation they are owed. Just as importantly, claims help families hold asbestos companies accountable and seek justice for their loved ones.
How does the asbestos lawsuit process work?
The process of filing a lawsuit usually begins with a conversation about your background. I ask about jobs you’ve had, any prior military service, and things like where you lived or whether a spouse worked in an industry where asbestos was commonly used.
Once we have that information, we will work with you to investigate your asbestos exposure history. Our firm maintains databases of old product catalogs, company records, and jobsite information that we use to identify the likely sources of exposure. That allows us to connect the dots even when the exposure happened a long time ago.
I know how difficult it is to manage cancer treatment on top of day-to-day life, so I work hard to ensure our firm handles all the legal work, freeing families up to focus on medical care and quality time together.
Ultimately, my job is to make sure you understand each step of the legal process as we go without being overwhelmed by it.
Can an asbestos attorney help if I don’t remember my exposure?
This is one of the most common concerns I hear, and one of my favorite parts of this work is finding the evidence needed to support my clients’ claims. Because mesothelioma can take up to 50 years to develop after asbestos exposure, clients may struggle to remember exactly which product or jobsite caused their illness.
Attorneys who focus on asbestos cases have the tools to investigate the exposure in a case and prove when it happened as well as the products involved. We also have the benefit of having access to databases that track which companies used asbestos and where. With this kind of information, we can pinpoint how the exposure happened even if the client doesn’t have specific memories.
In addition to reviewing your work history and employment records, we also look at secondary exposure, which happens when asbestos fibers are carried home on clothing and breathed in by family members.
Over the years, I’ve helped many clients whose only exposure came from washing a spouse’s dusty work clothes or from having a military spouse who worked with asbestos.
How much time do I have to file a mesothelioma claim?
Every state has its own statute of limitations that decides how much time clients have to take legal action. In many states, the deadline to file is only 1-3 years after a diagnosis. If a loved one has passed away, the timeline usually begins at the date of death.
These deadlines matter because if they pass, families may lose the chance to file altogether. That is why I encourage people to talk with an attorney as soon as they’re ready. For mesothelioma clients, starting the legal process early ensures the claim can move forward when your family decides the time is right.
Depending on your background, you may be eligible to file in states other than where you currently live, which can give you more time to file since some states have longer statutes than others. Because Simmons Hanly Conroy handles cases nationally, we can determine the best jurisdiction for the case to make sure the claim is filed on time.
Will I have to go to court if I file asbestos cancer claims?
Most cases don’t require clients to appear in court. The majority of asbestos lawsuits end in settlements before trial. When a trial does happen, clients rarely need to attend in person. If testimony is necessary, it can usually be recorded at the client’s home or another comfortable setting.
This approach ensures that families don’t have to manage the stress of court appearances while also dealing with treatment and caregiving. My goal is to handle the courtroom side of things, so clients can focus on getting treated or spending time with their family.
Knowing that your legal team is taking care of the process can help give your family the space to concentrate on spending valuable time together.
How much compensation is available in asbestos cases?
The amount of compensation varies from case to case, and there’s no easy way to predict how much a case could be worth. It depends on factors such as the number of companies involved, the strength of the evidence, and the impact of the illness on the family. Mesothelioma compensation can come from asbestos trust funds, negotiated settlements, or jury verdicts.
Some families receive smaller amounts that still provide meaningful support, while others secure large verdicts or settlements. I was part of a legal team that secured an $8.26 million verdict for a Louisiana auto mechanic, but I’ve also seen clients benefit from more modest awards that helped cover treatment, travel, and day-to-day expenses.
Filing a mesothelioma claim creates the opportunity to receive resources that can improve quality of life and provide stability for the future.
How long does an asbestos lawsuit usually take?
The timeline depends on the type of claim and the court where it is filed. Asbestos trust fund claims may be paid out within a few months, but court cases usually take longer because they involve more steps.
We can request that the court expedite the case if the patient is seriously ill. In my experience, courts are responsive to these requests, and cases involving mesothelioma are often given priority on the docket.
Even so, families should be prepared for the process to take several months or even a year or two overall. The key is knowing that the attorney will keep the case moving forward and provide updates throughout.
What I emphasize to clients is that while I can’t control every factor in the court system, I can make sure they never feel left in the dark.
Is there an asbestos lawsuit for family members who lost a loved one to mesothelioma?
Families can file an asbestos claim after death if a loved one has passed away from mesothelioma. These claims provide financial compensation for medical bills, funeral costs, lost income, and the emotional loss of a family member’s support and presence.
Having lost my husband to cancer, I understand how heavy that kind of loss feels and how hard it can be to worry about compensation or legal matters in the face of such a loss. Grief takes time, and no family should feel pressured to manage complex legal matters in the middle of it.
My role is to take on that responsibility, so families have the space to grieve and focus on one another.
How much will it cost to work with an asbestos lawsuit attorney?
You don’t have to pay anything to work with me or most mesothelioma law firms. We use what’s called a contingency fee system. That means my team covers all the costs of building your case — things like court filings, expert witnesses, and investigations.
The firm is paid a percentage of whatever results we’re able to successfully recover in your case, so nothing is due up front. This makes it possible for anyone to move forward with a case, no matter what their financial situation is.
I know families dealing with mesothelioma already have enough medical bills and stress to manage. The last thing they should worry about is paying a lawyer on top of that. Working on contingency also means I’m fully invested in your case, because I only get paid if you do.
Connect With Our Partner Asbestos Lawsuit Attorneys Today
Understanding the asbestos lawsuit process can feel overwhelming, especially when you are already focused on getting treatment. Speaking with an experienced asbestos attorney can make the next steps clearer and give you a sense of direction.
Casey Cira and other mesothelioma lawyers at Simmons Hanly Conroy have worked with families across the country to secure compensation and hold large corporations accountable for their actions.
You don’t have to figure this out on your own. They can explain your options, answer your questions, and guide you through each stage of the process.
To learn more, call (866) 608-8933 or request a free case review. There’s no cost to speak with our legal partners — and no obligation to move forward until you are ready.
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