A person diagnosed with mesothelioma may be able to file a lawsuit against companies legally responsible for the asbestos exposure that contributed to the disease. When the person has died, a properly appointed personal representative may be able to pursue a wrongful death or survival claim for the benefit of the estate and qualifying survivors. Spouses and other family members may also have derivative rights under applicable law. Eligibility does not depend solely on having a mesothelioma diagnosis—a viable claim ordinarily requires evidence connecting the person to asbestos-containing products, premises, equipment, worksites, vessels, employers, contractors, or other sources.
Key Takeaways
- A living patient with mesothelioma may pursue an individual personal injury claim.
- A personal representative may pursue qualifying claims after the patient dies.
- Family members may have derivative or wrongful death rights under applicable law.
- Occupational exposure is common, but household and environmental exposure may also support claims.
- Veterans may have civil claims and separate veterans-benefit options.
- Workers exposed aboard vessels may have maritime claims.
- Bankruptcy trust claims may exist against former asbestos manufacturers.
- The claimant must identify legally responsible exposure sources and comply with filing deadlines.
This article provides general information and is not legal or medical advice. Eligibility and proof depend on diagnosis, exposure, product and premises identification, responsible parties, medical causation, governing law, and filing deadlines. Reading this article does not create an attorney-client relationship.
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