Mesothelioma FAQs and Case Process

Being diagnosed with mesothelioma raises many questions about the legal process and what rights you may have to recover compensation from those that made you sick. Pearce Lewis compiled these answers to some of the most commonly asked questions. But if you have any questions we have not addressed, call us at 1-800-972-3731 or email our firm at Our goal is to give you as much information as you need to assist you in making the important decisions you face about pursuing a legal claim.

Should I delay filing suit?

When diagnosed with mesothelioma, entire families are suddenly confronted with many important decisions. The most important decision is how you’ll pursue your medical treatment. Then, speak with an attorney as soon as possible if you want to pursue compensation from the companies responsible for your mesothelioma diagnosis.

Time is Crucial

You are possibly the best witness in your case. It’s likely no one else is a better source of information about your asbestos exposure than you. It is vital to preserve your testimony about your exposure history while you are able to do so in case you are unable to later. The quicker you act to protect your legal rights, the sooneryou could receive compensation to help you with your medical and other financial needs. Some judges will even expedite mesothelioma trial settings to speed up the legal process. They often recognize the fact that mesothelioma can be life threatening and debilitating. In certain states, if the person bringing the lawsuit passes away before the conclusion of the case, the case may face significant delays. You should act now.The law also provides only a limited amount of time for filing a lawsuit and your attorney will usually need some time to investigate your claim before the case can be filed. Again, you need to act quickly.

If I can’t afford an attorney, how can I afford to file a lawsuit?

You pay nothing for out-of-pocket costs when Pearce Lewis represents you and your family. We fight for you on a contingency-fee basis, which means you owe no legal fees or expenses unless we achieve compensation for you. If we win compensation for you, our legal fee is a percentage of your total recovery. Court costs and litigation expenses are reimbursed from your portion of the recovery, too.

No one ever plans to be diagnosed with mesothelioma, and certainly no one saves to hire an attorney to tackle large corporations that are responsible for your illness. In this way, people can receive the urgent legal assistance they need without any financial risk or burden. Also, our contingency-fee arrangement is mutually beneficial; the more settlement money we can recover for our clients in the shortest time possible, the better it is for everyone.

How long do I have to bring a lawsuit?

Time is of the essence. The law provides only a limited amount of time to file a lawsuit for mesothelioma. This is called the statute of limitations.It can also be called the prescriptive period. If this period expires, you may be barred from ever filing a suit to recover compensation for your injuries. The amount of time you have to file a case depends on several factors. You should consult with an attorney to determine how long you have to file and the factors that affect that deadline.

I was diagnosed with asbestosis and received a settlement. Can I still get compensation now that I have mesothelioma?

Many states’ laws permit secondary-injury cases with asbestos cancers such as mesothelioma. Therefore, you may be allowed to file a lawsuit for that injury even if you previously filed a lawsuit for another asbestos-related disease. Pearce Lewis works to protect the rights of asbestos victims with second injuries.

Many states recognize this right. Quickly contact an attorney after your mesothelioma diagnosis because time is limited.

I have mesothelioma and I’m not sure how I was exposed to asbestos. What now?

It isn’t unusual for peopleto be surprised when they are diagnosed with mesothelioma, or when the doctor suggests their cancer was caused by asbestos. Not all mesothelioma patients immediately realize that they have been exposed to asbestos. Asbestos was once incorporated into a wide variety of products and still found in the United States today. Pearce Lewis can help you review your history and investigate how you might have been exposed to asbestos.

What is expected of me if I decide to bring a case?

Given the challenges you and your family are facing, it’s perfectly normal to be concerned about what’s expected of you. But there’s no need for apprehension: Your health needs are the number one priority. Pearce Lewiswill make every effort to make the legal process as easy as possible for you. By handling hundreds of mesothelioma cases over our careers, we have been able to streamline the process, reducing the burden for you so that you can focus on your health while we focus on making things better for you and your family. For example, we come to meet with you in the comfort of your own home. Your schedule determines our work schedule; we work around your doctors’ appointments and treatment schedule. Plus, much of the paperwork can be handled by mail or electronically.

If and when your case is filed, you might be asked to give a deposition to preserve your testimony in case you are unable to testify later. Depositions can usually take place in your home or at another convenient location. Pearce Lewis prides itself on making the legal process as stress free as possible and does all that can be done to create a seamless and easy experience for our clients.

How long will my case take?

Each case is unique,and the amount of time it takes to resolve your case depends on many factors. Certain judges may expedite your trial setting to give your case priority on the court’s docket. In these situations, it might take only a year to resolve your case. But other cases can take two or more years to resolve.

Do I have to go to trial or can I settle my case out of court?

Mesothelioma cases usually settle out of court. However, it is sometimes necessary to go to trial to gain the compensation you deserve.We are your advocate, and we will be with you every step of the way, explaining all of the options so you can be empowered to have a result that provides you with what you want and need.Because of the nature of these cases and the fact that oftentimes multiple asbestos defendants are responsible for your illness, we are able to secure settlements from some defendants early in the process so that you have the resources that you need to take care of the people and things that are important to you.

What if the company responsible for my mesothelioma goes bankrupt?

Several manufacturers of asbestos-containing products have filed for bankruptcy. Sometimes the bankruptcy judge may establish a trust fund with company assets to compensate victims who were exposed to the company’s asbestos products. The amount of compensation you could receive may be less than what you may have recovered had the company not filed for bankruptcy. In turn, you can no longer sue a company under its protection as part of its bankruptcy reorganization.

However, please note these bankruptcy trust funds have become a significant source of compensation for mesothelioma patients and their families. Over the past decade, more than 30 trust funds have been established with initial funding exceeding $30 billion. Our attorneys have found thousands of claims with dozens of trusts and have the knowledge and experience to best handle claims to help ensure our clients’ recoveries are maximized.

What kind of compensation can I expect if I win a lawsuit?

No attorney can guarantee how much compensation you will receive, or even promise that you will be compensated. Your claim should be fully investigated by an attorney. Pearce Lewis will advise you as to what may be achievable in your case. We have a highly successful track record in achieving compensation for victims of mesothelioma and for making responsible parties pay for the harm they have caused you and your family.

My spouse recently died of mesothelioma. Is it too late for me to bring a lawsuit?

Spouses and family members of mesothelioma victims who have passed away can bring a case for wrongful death in most states. But there is a time limit on filing a suit. And in some states a probate court must first officially name a personal representative for the estate of the deceased person. Therefore, you should act quickly to help protect your legal rights.

Why should I hire Pearce Lewis?

Pearce Lewis and its attorneys have decades of collective experience representing people with mesothelioma, and we take great pride helping people and families dealt this devastating diagnosis achieve peace of mind, financial security and accountability. Review our case results for people just like you and decide for yourself if we are best suited to help you and your family.

We have represented thousands of victims suffering from asbestos-related diseases, and we want to help you. Standing by is a team of committed attorneys and staff to work on your case with passion and compassion. Call us at 1-800-972-3731or email our firm at