Filing a mesothelioma claim: the basics
There are several separate ways people with mesothelioma and their families seek compensation. They have different rules and deadlines, and many people use more than one.
Last reviewed October 27, 2026 against the sources listed at the end of this page.
In short
- Personal injury lawsuit: a claim in court against companies that made, sold, or used asbestos products and are still in business.
- Trust fund claims: administrative claims against trusts set up by bankrupt asbestos companies.
- VA benefits for veterans, and workers' compensation for some job-related illness.
- Every path has deadlines. In South Carolina, the general deadline for a personal injury lawsuit is three years from when you knew or should have known you had a claim.
- Most lawsuits are resolved without a trial, but no one can promise how a claim will turn out.
The main paths
| Path | Who it is against | Where it is decided | Notes |
|---|---|---|---|
| Personal injury lawsuit | Companies still in business that made, sold, or used asbestos products | State or federal court | Most cases are resolved without a trial. Strict deadlines apply. |
| Trust fund claim | Trusts set up by bankrupt companies under 11 U.S.C. 524(g) | Each trust's own administrative process | Rules and payment percentages vary by trust. See trust funds. |
| VA disability compensation | Not a lawsuit; a benefits claim with VA | VA | For veterans with service-related exposure. See veterans. |
| Workers' compensation | Employer's insurance, through the state system | State workers' compensation agency | Rules vary by state. NCI notes federal and longshore programs may apply to some workers. |
| Wrongful death and survival claims | Same defendants, brought by the family or estate after a death | Court | See wrongful death. |
How a lawsuit generally works
The details vary by state, but asbestos lawsuits usually follow these steps:
- Consultation. A lawyer asks about your diagnosis and work history. This is usually free.
- Investigation. The firm identifies which products and companies were involved, using your history and its own records.
- Filing. The lawyer files a complaint in court against the companies responsible. In South Carolina, a civil action is commenced when the summons and complaint are filed with the clerk of court, if service on the defendant is completed within 120 days (S.C. Code 15-3-20).
- Discovery. Both sides exchange information. You may give a deposition, which is recorded testimony under oath. When someone is seriously ill, lawyers can ask the court to schedule it early.
- Resolution. Many cases settle. Some go to trial. No lawyer can promise either outcome or an amount.
Who can bring a claim
- The person diagnosed, through a personal injury claim.
- The family or estate after a death, through wrongful death and survival claims. In South Carolina, these are brought by the executor or administrator of the estate (S.C. Code 15-51-20).
- Rules about who may sue and for what vary by state.
Timing
Every path has a deadline. For personal injury in South Carolina, S.C. Code 15-3-535 sets three years from when the person knew, or by reasonable diligence should have known, that they had a cause of action. For wrongful death, S.C. Code 15-3-530(6) says the three years begin at the death. Other states differ. See the statute of limitations overview.
What to gather (do not send it through this site)
- the pathology report and doctors' notes confirming the diagnosis
- your written exposure history (see asbestos exposure)
- military service records (DD-214) if you served
- a Social Security earnings statement listing employers by year
- for a family claim, the death certificate and any probate court papers
Keep these together. A lawyer will tell you how to share them securely.
Choosing who helps you
A lawyer who handles asbestos cases regularly will know the trusts, the products, and the courts. Our page on choosing a mesothelioma lawyer has questions to ask, including about fees.
Tell us what happened. A lawyer from a participating firm can call you to talk through your options.
Start the free reviewCommon questions
How do mesothelioma lawyers usually charge?
Many personal injury lawyers work on a contingency fee, meaning the fee is a percentage of any recovery and nothing is owed if there is no recovery. Ask for the fee agreement in writing, including the percentage, whether expenses are deducted before or after the fee, and who pays expenses if there is no recovery.
Do I have to travel or go to court?
Often not much. Many steps, including a deposition (recorded testimony under oath), can be arranged near your home when someone is ill. Ask the lawyer how they handle this.
Where would a case be filed?
Asbestos cases are often filed in a state where the exposure happened, where the person lives, or where a defendant company is based. Choosing the right court is a legal judgment for your lawyer, and it can affect which deadline applies.
This page is general information, not legal advice. Laws and deadlines differ by state and change; confirm anything that matters with a licensed attorney in your state. No one can promise how a claim will turn out.
Sources
- S.C. Code 15-3-530 and 15-3-535: three-year limitation and discovery rule (South Carolina Legislature)
- S.C. Code 15-51-10 to 15-51-60: wrongful death (South Carolina Legislature)
- GAO-11-819: the role and administration of asbestos trusts (U.S. Government Accountability Office)
- Veterans asbestos exposure (VA.gov)
- Asbestos fact sheet: workers' compensation, federal and longshore programs (National Cancer Institute)
- South Carolina Workers' Compensation Commission