When Should You File a Lawsuit?

about filing a mesothelioma lawsuit

You should file a lawsuit because your loved one has been poisoned intentionally and recklessly by companies who do not care about you or your family or the pain that they have caused. 

You should file a lawsuit so that other families won't have to go through this in 40-years. 

When someone is diagnosed with mesothelioma, there are a million and one things to consider for the whole family. Most families are concerned about the same things after a loved one has been diagnosed with mesothelioma.
They want to know: 

  • How will I pay for medical care?
  • How can I get the best mesothelioma treatment?
  • What will happen to my family when I am gone?
  • Who will support my spouse?
  • How can we deal with the mortgage?
  • How will we get back-and-forth to treatment appointments? 

How long will a lawsuit take?

On average, our mesothelioma lawsuits are finished in 9-12 months. We also minimize the burden on mesothelioma victims by conducting interviews, appointments and most of the case from the comfort of their own home. To the best of our ability, our goal is to represent our clients in court while they fight for their lives with their medical team. 

For more than 15 years, Nicholas Vogelzang, a lawyer who only handles mesothelioma cases, has helped families just like yours figure out the next steps. While a lawsuit and a settlement cannot cure mesothelioma or worries that come from your life changing diagnosis, it can help ease the financial burden you and your family face during this difficult time.

At Vogelzang Law we want to help you get the justice you deserve.

You and your family deserve justice and your loved one deserves the best mesothelioma medical care. 

Positive Reasons to File a Lawsuit

There are many benefits to filing a lawsuit for mesothelioma cases:

  • Accountability: Numerous companies may have legal responsibility for exposing their workers to harmful asbestos ridden environments and products. At Vogelzang Law we will help you hold those accountable for their choice to knowingly use asbestos related products despite it's dangers and life threatening health risks. 

  • Convenience: We understand the importance of being around family and friends from the comfort of your home during this stressful time. We will travel to your home to get to know you and learn about your individual case. 

  • Ease Expenses: Mesothelioma treatment is very expensive and often times the medical expenses keep piling up. We will help you get the legal compensation and settlement you deserve to help ease the cost of your medical expenses so you can focus on what matters most.

  • No Cost to File: It is free to file a lawsuit for your asbestos exposure. At Vogelzang Law, no money is owed until we recover for you.

Contact us to discuss your questions, concerns, and details of your case. Finding the right attorneys you can trust and have confidence in is important; our practice will talk about your situation and provide you with the answers you need without any obligation.

If you’ve been diagnosed with mesothelioma, you have a rare disease caused by known carcinogen, that can’t be cured and is fatal, often within a year after diagnosis. Given your serious condition, it is wise to consider filing a mesothelioma claim.

The legal process for your mesothelioma case

Mesothelioma claims are personal injury cases and are typically filed as product liability claims, as asbestos is a product. Most people affected by mesothelioma were exposed to asbestos through contact with asbestos products in the workplace. Under product liability, your claim will be based upon strict liability, negligence, or breach of warranty.

Legal claims can also be brought in the context of occupational safety, since industrial exposure is more common than general exposure.

Filing a mesothelioma claim

Since there is such a long time between asbestos exposure and diagnosis of mesothelioma, the statute of limitations for filing mesothelioma claims begins at diagnosis, not exposure. This is primarily what makes mesothelioma claims different from other personal injury claims.  

Be aware that the length of these statutes varies from state to state, so it is wise to contact an attorney in your state who will be able to tell you if you are within the statute of limitations.

If you have a claim, your attorney can tell you whether you still have time to file a lawsuit within the limitation period applicable in your state.

How the legal process works

Most asbestos cases are settled out-of-court, before they even come before a jury. Here are some conditions that may make it more likely you’ll settle:

  • You’ve gathered all the facts about your medical condition and employment history
  • Your attorney is efficient
  • There is an easily identifiable payment source, like an insurance company or an asbestos victims’ fund

It is possible you may get a payout within a year after filing.

If you go to court

You may be better off going to court before a jury if the amount of money damages depends on going to trial or threatening to do so. In that situation, it can take about 12 months in Illinois.

Fortunately, the court rules in many states recognize that mesothelioma victims have a short life expectancy and as a result, fast track their lawsuits.

Factors affecting how much you can recover

Although you may receive a large monetary amount for your mesothelioma claim, there is no guarantee of exactly what amount you’ll receive for your case. Basically, there are three factors that affect the size of an award:

  • The monetary worth of the company you are suing (if still in business) or the size of fund set-up to cover mesothelioma claims (if the company is not in business)
  • How your particular mesothelioma illness has affected your life
  • The time it takes to settle your claim

These three factors are very general. To better understand how much you may expect in compensation in your particular case, talk with your experienced mesothelioma claims attorney.

Wrongful death claim

If you should die before your case is settled, your heirs may be able to file a wrongful death lawsuit.

Barriers to filing a wrongful death claim

Just because a mesothelioma claims plaintiff dies does not automatically mean you can file a wrongful death claim. There are several barriers to this filing. They include:

  • Time to file a wrongful death action varies from state to state
  • Can be dependent on the facts of the case
  • Filing a wrongful death claim could be barred by the statute of limitations governing the original mesothelioma claim


The only way to know for sure if your heirs can file a wrongful death claim is to talk with your mesothelioma claims attorney.