When to Talk about Filing a Mesothelioma Lawsuit

The vast majority of my mesothelioma clients have never filed a lawsuit before, and I think if you ask the other mesothelioma lawyers here at the firm, you’ll find this is a common theme for many of the patients and families we represent.

The people who contact the firm looking for help are often elderly couples and families with grown children from a blue collar or military background; filing a lawsuit is not an option they automatically consider. Instead, it’s a decision that is forced upon them by the nature of this disease.

Mesothelioma is a rare cancer caused only by exposure to asbestos. Companies knew about the dangers of asbestos exposure, but used it anyway in their products. As a result, thousands of workers, veterans and their families have been forced to use the legal system to hold those companies accountable.

Filing a mesothelioma lawsuit can help cover medical expenses and eliminate financial worries, allowing patients and their families to focus on treatment. Knowing when to talk about filing a mesothelioma lawsuit, if patients or caregivers have never filed a lawsuit before, can be a tricky, but critically important topic to raise within their families. Waiting too long to make that decision might risk forfeiting their right to file suit.

As the lead attorney responsible for welcoming new clients to the firm, I work with a team including several paralegals and legal staff who talk to all of the families who Contact Us about potential legal representation. I review nearly every new mesothelioma claim that comes through our doors. One of the most common reasons, I reject a case is because it is simply too late to file a claim.

There are deadlines to file a mesothelioma lawsuit. Each state has their own rules about how much time may pass after a person has either been diagnosed or passed away from mesothelioma or another asbestos-related disease to file a lawsuit. These are called statutes of limitations.

Deciding when to file a mesothelioma lawsuit is a personal decision and can only be made by you and your loved ones. However, to ensure the best chance at success, the best time to talk about filing a lawsuit is as soon as you believe you or someone you love has been diagnosed with an asbestos-related disease like mesothelioma.


Our Clients Share Their Stories

Some of our clients diagnosed with mesothelioma or who have lost loved ones from mesothelioma have shared their stories below in an effort to help others who are also fighting mesothelioma to know when is the best time for them to talk about filing a mesothelioma lawsuit with their families. They give advice based on what worked for their unique experiences and why they ultimately decided to move forward with litigation.


Angered by the fact that companies knew asbestos was dangerous, but chose to hide it from employees, Ernie decided to file a mesothelioma lawsuit. In this video, he strongly encourages mesothelioma patients to file a lawsuit immediately after diagnosis. “Because of your health conditions, you might reach a point where you won’t be able to do anything with an attorney,” he says, “So, you need to contact them as soon as possible.”



LaTanyta lost her husband, Andrew, to pleural mesothelioma. She filed a mesothelioma lawsuit to honor her husband’s wishes, and provide for her children’s future. “Andrew said to me, ‘The one thing I want is for my family to survive even if I don’t,’” she says.



Shelly and her husband, Craig, didn’t even think about a mesothelioma lawsuit until months into their journey with mesothelioma. Their first priority had been getting Craig well. Eventually, the thought of losing Craig started to take a toll on Shelly. As a stay at home mom, she was particularly concerned about their financial future and sending their daughter, Emily, to college.


Mary Jane

Mary Jane had never heard of a mesothelioma lawsuit, until her doctor brought it up during an appointment. After having gone through the legal process, her advice to others is simply, “You need it.” In this video, Mary Jane encourages others to file a mesothelioma lawsuit to help pay for mesothelioma treatments and transportation.


In the end, filing a mesothelioma lawsuit will ultimately be an important decision in your fight against mesothelioma. In addition to determining the right emotional time to file a lawsuit, you must also comply with state laws, or statute of limitations. The time frame in which you can file a lawsuit varies by state, so please don’t wait – Contact Us today with your questions about the legal process.

Leave a Reply

Simmons Support Team
Simmons Hanly ConroyWritten by:

Editorial Team

The Simmons Hanly Conroy Editorial Team consists of journalists, writers and editors who strive to deliver accurate and useful information to families needing legal help. Our team works alongside the firm's attorneys and partners, as well as with medical professionals and other specialists, to keep all information relevant and helpful.