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How Do I File a Lawsuit for Mesothelioma?

Philadelphia Mesothelioma Lawyers at Brookman, Rosenberg, Brown & Sandler Can Help You Get the Benefits You Need After a Mesothelioma Diagnosis

Asbestos exposure is a serious health concern, and it can take years for any symptoms to show up. Due to this long gap between your exposure and when you may be ready to file a claim, you may not be certain of where to turn or what steps to take.

It is critical that you have accurate and timely legal guidance to ensure that you not only provide accurate information of your asbestos exposure and resulting mesothelioma diagnosis, but that you also do so before time runs out. You should know what information you need to gather and the steps you should take when filing a lawsuit for mesothelioma.


This may be the most laborious part of filing your claim for mesothelioma. To be approved, you have to show that your mesothelioma is a direct result of exposure to asbestos. The following evidence can prove useful:

  • Your notes about when you may have been exposed to asbestos.
  • All medical records, both before and after your mesothelioma diagnosis.
  • Your doctor’s notes detailing your mesothelioma diagnosis and treatment plan.

One of the most important pieces of evidence and one of the most challenging to determine is exactly where you were exposed to asbestos. Since mesothelioma can take decades to show up after asbestos exposure, it can be nearly impossible to determine exactly when and where you were exposed. However, this information is vital to your claim because you have to know who is at fault for your asbestos exposure.

If you worked in any of the following industries, you are more at risk for developing mesothelioma:

  • Mining.
  • Factory
  • Construction.
  • Shipbuilding.
  • Car manufacturing.
  • Plane manufacturing.
  • Welding.
  • Plumbing.
  • Firefighting.
  • Textile manufacturing.
  • Bricklaying.

This is why your employment records can also be vital evidence of your asbestos exposure. While you may not be able to prove the exact day or location of your asbestos exposure, taking the whole picture into consideration, you may have a valid claim for damages against the entity that exposed you to asbestos.

Types of Lawsuits

After you have received your mesothelioma diagnosis, filing a lawsuit may not be your first priority. Your biggest concern is your health, but to ensure you get the best medical care, you may need to fight for compensation from the company that exposed you to asbestos, causing your mesothelioma.

There are two types of lawsuits that you may file. One is for yourself, and the other is for a loved one who has unfortunately died from mesothelioma. In both cases, you need to act quickly because you have limited time to file a claim after a mesothelioma diagnosis has been made. If you miss this filing deadline, your case could be barred, which means you could miss out on your chance to recover compensation from the negligent party.

Personal Injury

A personal injury claim is a lawsuit filed against the company that exposed you to asbestos. In your personal injury claim, you would allege that the company was negligent in exposing you to asbestos and because of your exposure, you developed mesothelioma.

Negligence could come in many forms, but the most common is that the company failed to warn you, as an employee or a consumer, about the dangers of inhaling toxic materials, like asbestos. The point of filing a personal injury claim is to collect compensation from the negligent company, which could include damages for the following:

  • Pain and suffering.
  • Emotional distress.
  • Lost income.
  • Lost earning potential.
  • Loss of enjoyment of life.
  • Present and future medical expenses.
  • Rehabilitation costs.

No amount of money can undo the mesothelioma diagnosis or the struggles you may face. However, collecting compensation can help ensure that you do not pay out of pocket for your medical expenses related to your illness.

Even more, if you are still of working age, you may be able to collect additional compensation for your lost income and earning potential. Since your illness will probably prevent you from working, at least in a full-time capacity, you will have reduced income. This can put a serious financial strain on you. Not only do you have medical expenses to cover, but you have less income to cover your basic needs. A successful personal injury claim can help you focus on your medical care.

Wrongful Death

Unfortunately, mesothelioma is deadly. If someone has passed away due to mesothelioma, their surviving family members may have legal options. These family members may have relied on the deceased as a source of financial support.

While filing a wrongful death claim will not bring back a loved one, it can help the family avoid financial hardship as a result of their death. A family member may be able to collect compensation for the following:

  • Loss of financial support.
  • Emotional distress.
  • Final medical expenses.
  • Funeral costs.
  • Burial costs.

Covering these expenses can be a huge relief for the family. These are extreme financial burdens and shedding them allows them the chance to grieve.

A family member may also be able to collect additional compensation if their loved one was still of working age. Since they died earlier than they would have had they not been exposed to asbestos, they may be able to get additional sums of money from the negligent company to cover their loved one’s future earnings. Additional compensation can go a long way to support a family and give them the time they need to truly grieve their loved one’s passing.

Why Should I File a Mesothelioma Lawsuit?

Filing a mesothelioma lawsuit will not take away your grief of losing a loved one, nor will it take away your pain and the hardship you face if you have been diagnosed with mesothelioma. However, a successful lawsuit will provide you with financial compensation that can support you during this most difficult time.

A successful mesothelioma lawsuit may provide you with financial relief for your lost income, medical expenses, travel expenses, and even your physical and mental pain and suffering. No amount of money will take away your pain and all the hardships you face. However, it will help you focus on your care by taking away any stress, worry, and anxiety about how you will cover your expenses.

To file your mesothelioma lawsuit, you need to speak with an experienced lawyer. They will first speak with you about your diagnosis and review the evidence you have. Once they determine that you have a valid claim, they will investigate your asbestos exposure and determine which entity to sue; it may be more than one, which may increase the amount of compensation you can get.

Your lawyer can also aggressively negotiate with the entity, trying to settle your case before trial. Do not try to deal with them or their insurance carrier on your own; too many people end up settling for far less than what their case is worth. With the right legal guidance and advocacy, you can focus on your medical care while your lawyer protects your rights.

Philadelphia Mesothelioma Lawyers at Brookman, Rosenberg, Brown & Sandler Can Help You Get the Benefits You Need After a Mesothelioma Diagnosis

Filing a claim for mesothelioma after you have been exposed to asbestos can seem like an insurmountable task. However, with the right legal guidance and advocacy, you can focus on your care while your lawyer works diligently to help you get the benefits you need. Speak with one of our Philadelphia mesothelioma lawyers at Brookman, Rosenberg, Brown & Sandler today if you need help after a mesothelioma diagnosis. Call us at 215-569-4000 or complete our online form to schedule a free consultation. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.