Mesothelioma case evaluator

Legal information only. This tool doesn't constitute legal advice and doesn't create an attorney-client relationship. Results are estimates based on general eligibility criteria. Always consult a licensed mesothelioma attorney before taking legal action. See our full disclaimer.

Case viability evaluator

About this tool

This evaluator screens mesothelioma and asbestos-related claims based on the same criteria attorneys use during an initial intake call. It looks at 4 key factors: confirmation of diagnosis, source of asbestos exposure, the time period of exposure, and who is filing the claim.

Each factor affects case viability differently. A confirmed mesothelioma diagnosis from a pathology report carries the most weight. Occupational exposure at a shipyard, construction site, or factory gives attorneys a clear defendant pool to work with. Pre-1980s exposure matters because that's when asbestos use peaked and corporate knowledge of its dangers was most established.

What is mesothelioma?

Mesothelioma is a cancer of the mesothelium, the tissue lining the lungs, abdomen, and heart. It's almost exclusively caused by asbestos exposure. Symptoms can take 20 to 50 years to appear after exposure, which is why many patients are diagnosed decades after their last contact with asbestos.

About 3,000 new cases are diagnosed in the United States each year. The majority are pleural mesothelioma, affecting the lining of the lungs.

Who qualifies for a mesothelioma claim?

To have a viable legal claim, you generally need 3 things: a confirmed diagnosis of mesothelioma or an asbestos-related disease, identifiable asbestos exposure (occupational, military, product, or secondary), and a filing within your state's statute of limitations. Most states give you 1 to 3 years from the date of diagnosis.

Statute of limitations

This is the single biggest deadline in any mesothelioma case. Most states run the clock from the date of diagnosis, not the date of exposure. Common windows:

California: 1 year from diagnosis
New York: 3 years from diagnosis
Texas: 2 years from diagnosis
Pennsylvania: 2 years from diagnosis
Florida: 4 years from diagnosis

If the patient has passed away, a wrongful death claim typically runs from the date of death. An attorney can tell you the exact window for your state. Use our statute of limitations checker for a quick lookup.

Average settlement amounts

Mesothelioma cases are among the highest-value personal injury claims in U.S. law. Trial verdicts have reached $20 million or more. Settlements typically range from $1 million to $2.4 million, with the exact amount depending on the severity of the diagnosis, the strength of the exposure evidence, and the defendants involved.

Asbestos trust fund claims, which come from the bankruptcy trusts set up by former asbestos manufacturers, typically pay $30,000 to $300,000 per trust and can be filed simultaneously with a lawsuit. See the asbestos trust fund claim estimator for more detail.

Frequently asked questions

Most mesothelioma cases settle before trial, typically within 12 to 18 months of filing. Cases that go to trial can take 2 to 3 years. Because patients are often seriously ill, courts frequently grant expedited hearing schedules. Many attorneys file for trial preference, which can move a case to trial in as little as 120 days in California.

Mesothelioma attorneys work on contingency, meaning they only get paid if you win. The standard contingency fee is 33% to 40% of the recovery. You pay no upfront costs and owe nothing if the case doesn't settle or win at trial. Litigation expenses like filing fees, expert witnesses, and document costs are typically advanced by the firm and recovered from the settlement.

Yes. Family members can file a wrongful death lawsuit or continue a case that was in progress. The statute of limitations for wrongful death claims typically runs from the date of death, not the original diagnosis. A spouse, adult child, or estate representative can file. The wrongful death claim intake tool walks through the process.

You don't need to identify the source yourself before contacting an attorney. Mesothelioma law firms have investigators and industrial hygienists who specialize in tracing exposure histories. They use employment records, military service records, union records, and product identification databases. Even a general occupation (shipyard worker, electrician, plumber, mechanic) is enough to start the process.

A mesothelioma lawsuit doesn't disqualify you from VA benefits or Social Security disability. These are separate programs with separate eligibility rules. You can receive a lawsuit settlement and continue receiving VA benefits. However, some benefits programs have coordination-of-benefits rules that may affect Medicaid or other means-tested programs. Your attorney can advise you on this when reviewing your case. See also: VA disability claim screener and SSDI eligibility screener.

A lawsuit is filed in court against companies that are still solvent. Asbestos trust funds were created when asbestos manufacturers went bankrupt - they set aside money specifically to compensate future claimants. You can often file both. Trust fund claims typically resolve faster (months vs. years) and are processed administratively. Lawsuit settlements tend to be larger but take longer. Most mesothelioma attorneys handle both simultaneously.