Step 1: Choose an Experienced Mesothelioma Attorney
Mesothelioma is highly specialized litigation. The attorneys who handle the most cases have:
- Databases of thousands of industrial facilities and which asbestos products were used there
- Established relationships with medical experts who provide case-supporting testimony
- Experience with the specific procedures of each asbestos bankruptcy trust
- Track records in the most favorable mesothelioma venues
Choose a firm that focuses primarily or exclusively on mesothelioma/asbestos cases, not a general personal injury firm that occasionally takes an asbestos case. The difference in product identification expertise alone can add hundreds of thousands to your total recovery.
Step 2: Gather Your Work History Documents
You don’t need to have everything — your attorney will investigate. But provide as much as you can:
- Employment records, Social Security earnings statements (which list all employers)
- Union membership cards and records
- Pay stubs, W-2 forms, or tax returns showing employer names
- Photographs from your working years at job sites
- Names and contact information for former co-workers
- Military service records (DD-214)
Social Security earnings statements are one of the most useful documents — they list every employer you ever worked for with wages paid each year. You can request your earnings history at no charge from the Social Security Administration.
Step 3: Provide Medical Records
Your attorney will need:
- Pathology report confirming mesothelioma diagnosis (cell type matters)
- Pathology slides (may need to be sent directly to attorney’s medical expert for review)
- Imaging reports (CT, PET scans)
- Operative reports from any surgical procedures
- Treating physician letters or records
Step 4: Complete Your Deposition
In most mesothelioma cases, you will be asked to provide a deposition — a recorded question-and-answer session with attorneys from both sides. Your attorney will prepare you thoroughly before the deposition. Key topics covered typically include:
- Work history at each facility
- What materials you worked with
- How you handled or were exposed to asbestos products
- Specific product names or brands you remember
- Your diagnosis history
For patients with limited prognosis or declining health, preservation depositions can be scheduled on an expedited basis so your testimony is preserved for use in court even if you are no longer living when the case resolves.
Step 5: Trust Fund Claims and Lawsuit Proceed in Parallel
Your attorney typically files trust fund claims for all applicable bankrupted manufacturers immediately, while simultaneously building the lawsuit case against solvent defendants. Trust fund payments often begin arriving while the lawsuit is still in pre-trial stages — providing income to patients and families while the lawsuit works toward resolution.
Know Your Filing Deadline
Statutes of limitations are absolute. Most states allow 2–3 years from mesothelioma diagnosis; Louisiana allows only 1 year. Once the deadline passes, you permanently lose the right to file a lawsuit. Trust fund claims have separate timelines. Contact an attorney immediately after diagnosis to preserve all options.