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Do I need a mesothelioma lawyer, and who pays for asbestos cancer?

STATEState law sets the deadline to sue and who may file; federal law governs asbestos trusts, VA, Social Security, FECA and the Longshore Act. This page reads the rules for asbestos or a late-found disease in 12 states from their own statutes, and the general injury deadline of the others from this guide's personal injury page.Checked by the Justice legal team against official sources · Last reviewed 8 free tools on this page
Cyanotype print: a worn work hard hat resting on a length of wrapped pipe insulation, beside a half-face respirator and a magnifying glassAI-generated image

Short answer

Usually yes. Mesothelioma claims have short deadlines that often start when a doctor tells you the diagnosis: 2 years in Pennsylvania and Virginia. Money can come from a lawsuit against the companies responsible, asbestos bankruptcy trusts, VA or workers' compensation, and Social Security. Many lawyers charge a percentage agreed in writing, and some laws cap it.

Date calculator · 50 choices: 49 states and D.C.

Your deadline after a mesothelioma diagnosis

Rules for asbestos and late-found disease read from 12 state statutes on November 2, 2026; the other states' general injury deadline is the personal injury page's data, checked November 1, 2026 · checked Nov 2, 2026

Which state?

Pick the state where the case would be filed, then the day a doctor told you the diagnosis.

    Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.

    Key points

    Deadline
    Some states start the clock at the diagnosis: 2 years from when a doctor tells you in Pennsylvania and Virginia. Texas starts it at the death or when a physician's report is served; Florida when you discover the impairment.
    Who pays
    A lawsuit against the companies responsible; trusts set up in asbestos bankruptcies (11 U.S.C. § 524(g)); VA compensation for exposure in service; workers' compensation, FECA or the Longshore Act; and Social Security.
    Benefits
    Five kinds of mesothelioma are on Social Security's Compassionate Allowances list. After an intent to file, VA gives 1 year to send the claim.
    Fees
    Many lawyers take a percentage, agreed in writing. Some laws cap it: 25% or $9,200, whichever is less, for an SSA fee agreement; 20% when VA pays the lawyer from back pay; 50% in Oklahoma.

    A mesothelioma lawyer brings claims for money for a person with mesothelioma, or the family after a death, against those responsible for the asbestos exposure, and helps with the trusts and benefits that can pay. This page gives the deadline after a diagnosis in each state, read from each statute and counted for your date; who may pay, from lawsuits and bankruptcy trusts to VA, Social Security and work-injury programs, with their claim clocks; the fee limits the law sets; a letter to ask an employer for exposure records; and the official place to check a lawyer's license.

    This page is part of Personal injury lawyer, which covers fees and the injury deadline in all 50 states; after a death, see Wrongful death lawyer. Nothing here ranks or recommends a lawyer or a firm.

    What a mesothelioma lawyer does, and when you need one

    Mesothelioma is a cancer of the thin tissue that lines the lung, chest wall and abdomen, and its major risk factor is asbestos exposure, the National Cancer Institute says. The disease shows up long after the exposure: the CDC reports that the time from the first exposure to the disease ranges from 20 to 71 years, and VA says symptoms of asbestos diseases often do not appear until 20 to 50 years after the exposure. That is why a mesothelioma claim starts with a work history, not an accident report.

    • It is a claim for money. The lawyer's job is to show where the asbestos came from and who is responsible: the companies that made, sold or installed the products, or owned the places. Treatment questions belong with your doctors; this page gives no medical advice.
    • The clock can start at the diagnosis. Several states start it when a doctor tells you the diagnosis, or when you knew or should have known. Use the calculator at the top of the page.
    • Several sources can pay. A lawsuit, claims to asbestos trusts, and benefits from VA, Social Security or a work-injury program follow different rules and different clocks. The section on who may pay lists them.
    • When to call a lawyer. Soon after the diagnosis; when an insurer, a trust or an employer asks you to sign something; when a veteran's claim is denied; or when a family member has died.
    Tip. This page states rules, not chances. No official source publishes an average mesothelioma settlement, verdict or trust payment. The figures online come from law firms and lead-generation sites, not from courts or agencies. What the law does set is the deadline, who may pay, and some fee limits.

    Federal rules limit asbestos at work: OSHA's permissible exposure limit is 0.1 fiber per cubic centimeter of air as an 8-hour average, with an excursion limit of 1.0 fiber per cubic centimeter over 30 minutes (29 C.F.R. § 1910.1001(c); 29 C.F.R. § 1926.1101(c) in construction). In March 2024, EPA announced a ban of ongoing uses of chrysotile asbestos, with compliance deadlines set use by use. The CDC counted 45,221 deaths from malignant mesothelioma in the United States from 1999 to 2015.

    Your deadline after a mesothelioma diagnosis, state by state

    Each rule for asbestos or a late-found disease below was read on November 2, 2026 from the state's own code site. For the other states, the deadline is the general injury rule, the same checked data as the personal injury lawyer page (November 1, 2026): it counts from the injury or from when the claim accrues, and when a disease found decades after the exposure starts that clock is a question for a lawyer. The calculator covers 49 states and D.C. and counts every rule from the day a doctor told you the diagnosis.

    StateDeadline to sueWhen the clock starts for asbestos or a disease found laterLaw
    Alabama2 years from the date of injuryOnly the general rule was read for this page (the Alabama code site shows no statute text without scripts, so it could not be searched for a rule for asbestos): it counts from the injury or from when the claim accruesAla. Code § 6-2-38(l)
    Alaska2 years after the claim accruesOnly the general rule was read for this page: it counts from the injury or from when the claim accruesAS 09.10.070(a)
    Arizona2 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesA.R.S. § 12-542(1)
    Arkansas3 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesArk. Code Ann. § 16-56-105
    California2 years after the injury (general rule)Not checked for this page: the code site refused this machine (leginfo.legislature.ca.gov answered 403), so a rule for asbestos claims was not readCal. Code Civ. Proc. § 335.1
    Colorado2 years; 3 years for an injury from a motor-vehicle crash (§ 13-80-101(1)(n)(I))Only the general rule was read for this page: it counts from the injury or from when the claim accruesC.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I)
    Connecticut3 years for a product claim, from when the injury is first sustained or discovered; negligence: 2 years, and no more than 3 years after the actA rule for asbestos: the 10-year limit for product claims does not apply to asbestos, but no claim may be brought more than 80 years after the last exposureConn. Gen. Stat. § 52-577a(a); Conn. Gen. Stat. § 52-577a(e); Conn. Gen. Stat. § 52-584
    Delaware2 years from the date the injuries were sustainedOnly the general rule was read for this page: it counts from the injury or from when the claim accrues10 Del. C. § 8119
    District of Columbia3 years from the time the right to maintain the action accruesOnly the general rule was read for this page: it counts from the injury or from when the claim accruesD.C. Code § 12-301(a)(8)
    Florida2 years for negligence; 4 years for an injury founded on the design, manufacture, distribution or sale of a productA rule for asbestos: the period does not begin until you discover, or should have discovered, that you are physically impaired by an asbestos-related conditionFla. Stat. § 95.11(5)(a); Fla. Stat. § 95.11(3)(d); Fla. Stat. § 774.206(1)
    Georgia2 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesO.C.G.A. § 9-3-33
    Hawaii2 years after the cause of action accruedOnly the general rule was read for this page: it counts from the injury or from when the claim accruesHRS § 657-7
    Idaho2 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesIdaho Code § 5-219(4)
    Illinois2 years after the cause of action accruedOnly the general rule was read for this page: it counts from the injury or from when the claim accrues735 ILCS 5/13-202
    Indiana2 years from the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesInd. Code § 34-11-2-4
    Iowa2 years after the claim accruesA rule for a latent or job disease: the 15-year limit for product claims does not apply to a latent disease from asbestos, which accrues when the disease and its cause are made knownIowa Code § 614.1(2); Iowa Code § 614.1(2A)(b)
    Kansas2 years from substantial injury, or from when the injury becomes reasonably ascertainable; no more than 10 years after the actA rule for a latent or job disease: in a product claim against the seller, a latent disease from asbestos accrues when the disease and its cause are made known, and the 10-year limit does not applyK.S.A. 60-513(a)(4); K.S.A. 60-513(b); K.S.A. 60-3303(d)
    Kentucky1 year; 2 years after a motor-vehicle crash (KRS 304.39-230(6))Only the general rule was read for this page: it counts from the injury or from when the claim accruesKRS 413.140(1)(a); KRS 304.39-230(6)
    Louisiana2 years, for injuries from July 1, 2024 (1 year before; Acts 2024, No. 423)Only the general rule was read for this page: it counts from the injury or from when the claim accruesLa. Civ. Code art. 3493.1 (Acts 2024, No. 423)
    Maine6 years after the cause of action accruesOnly the general rule was read for this page: it counts from the injury or from when the claim accrues14 M.R.S. § 752
    Maryland3 years after the claim accruesA rule for a latent or job disease: a death from an occupational disease: within 3 years of discovering that it caused the death, and no later than 10 years after the deathMd. Code, Cts. & Jud. Proc. § 5-101; Md. Code, Cts. & Jud. Proc. § 5-113(b); Md. Code, Cts. & Jud. Proc. § 3-904(g)(2)
    Massachusetts3 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesMass. Gen. Laws ch. 260, § 2A
    Michigan3 years after the time of the death or injury; the claim accrues when the wrong was doneOnly the general rule was read for this page: it counts from the injury or from when the claim accruesMCL 600.5805(2)
    Minnesota6 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesMinn. Stat. § 541.05, subd. 1(5)
    Mississippi3 years after the cause of action accrued; latent injuries accrue on discoveryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesMiss. Code Ann. § 15-1-49(1)
    Missouri5 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesRSMo § 516.120(4)
    Montana3 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesMont. Code Ann. § 27-2-204(1)
    Nebraska4 years after the claim accruesOnly the general rule was read for this page (no connection to nebraskalegislature.gov, so it could not be searched for a rule for asbestos): it counts from the injury or from when the claim accruesNeb. Rev. Stat. § 25-207
    Nevada2 years from the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesNRS 11.190(4)(e)
    New Hampshire3 years from the act or omission, or from when the injury and its cause were (or should have been) discoveredOnly the general rule was read for this page: it counts from the injury or from when the claim accruesRSA 508:4(I)
    New Jersey2 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesN.J.S.A. 2A:14-2(a)
    New Mexico3 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesNMSA 1978, § 37-1-8
    New York3 years after the injury (general rule)Not checked for this page: the code site refused this machine (nysenate.gov answered 403), so a rule for asbestos claims was not readN.Y. CPLR 214(5)
    North Carolina3 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesN.C. Gen. Stat. § 1-52(16)
    North Dakota6 years after the claim for relief has accruedOnly the general rule was read for this page: it counts from the injury or from when the claim accruesN.D.C.C. § 28-01-16(5)
    Ohio2 years after the injury (general rule)Not checked for this page: the code site refused this machine (codes.ohio.gov would not connect), so a rule for asbestos claims was not readOhio Rev. Code § 2305.10(A)
    Oklahoma2 years after the cause of action shall have accruedOnly the general rule was read for this page: it counts from the injury or from when the claim accrues12 O.S. § 95(A)(3)
    Oregon2 years from the date of injuryOnly the general rule was read for this page (no connection to oregonlegislature.gov, so it could not be searched for a rule for asbestos): it counts from the injury or from when the claim accruesORS 12.110(1)
    Pennsylvania2 years; for asbestos, from the day a licensed physician tells you, or earlier if you knew or should have knownA rule for asbestos: 2 years from the date a licensed physician informs you of the injury, or the date you knew or should have known of it, whichever is first; it covers a death too42 Pa.C.S. § 5524(2); 42 Pa.C.S. § 5524(8)
    Rhode Island3 years from the date of the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesR.I. Gen. Laws § 9-1-14(b)
    South Carolina3 years after you knew or should have known you had a claimA discovery rule in the statute: 3 years after you knew or by reasonable diligence should have known that you had a cause of actionS.C. Code § 15-3-530(5); S.C. Code § 15-3-535
    South Dakota3 years after the claim accrues; a product claim: 3 years from when the injury occurred, became known or should have become knownA discovery rule in the statute: for a product claim, 3 years from when the injury became known or should have become knownSDCL § 15-2-14(3); SDCL § 15-2-12.2
    Tennessee1 year after the cause of action accruedOnly the general rule was read for this page: it counts from the injury or from when the claim accruesTenn. Code Ann. § 28-3-104(a)(1)(A)
    Texas2 years after the claim accruesA rule for asbestos: the claim accrues on the earlier of the death or the day the claimant serves a defendant with a physician's report that meets § 90.003Tex. Civ. Prac. & Rem. Code § 16.003(a); Tex. Civ. Prac. & Rem. Code § 16.0031(a); Tex. Civ. Prac. & Rem. Code § 90.003(a)(1)
    Utah2 years for a product claim, from discovering the harm and its cause; 4 years after the injury for other negligenceA discovery rule in the statute: a product claim runs from when you discovered, or should have discovered, both the harm and its causeUtah Code § 78B-6-706; Utah Code § 78B-2-307(4)
    Vermont3 years after the claim accrues, which for injuries is the date the injury is discoveredA discovery rule in the statute: the claim accrues on the date of the discovery of the injury12 V.S.A. § 512(4)
    Virginia2 years after the claim accrues; no action more than 2 years after the deathA rule for asbestos: the claim accrues when a physician first communicates the diagnosis; a later malignant diagnosis is a separate injuryVa. Code § 8.01-243(A); Va. Code § 8.01-249(4)
    Washington3 years after the injuryOnly the general rule was read for this page: it counts from the injury or from when the claim accruesRCW 4.16.080(2)
    West Virginia2 years after the right to bring the action accruedOnly the general rule was read for this page: it counts from the injury or from when the claim accruesW. Va. Code § 55-2-12(b)
    WisconsinNot checked for this pageNot checked for this page—
    Wyoming4 years after the cause of action accruesOnly the general rule was read for this page: it counts from the injury or from when the claim accruesWyo. Stat. § 1-3-105(a)(iv)(C)
    Watch out. Not checked for this page: California, New York and Ohio, whose code sites refused this machine today (403, or no connection), so their rules for asbestos claims were not read; and Wisconsin's injury deadline. The Nebraska and Oregon code sites (no connection) and Alabama's (no statute text without scripts) could not be searched for a rule for asbestos either; their general deadline is shown. Ask a lawyer or the state court's self-help center.

    A death changes the clock. Virginia's rule for asbestos adds that no action may be brought more than 2 years after the death. Maryland gives a death from an occupational disease 3 years from discovering that it caused the death, and no more than 10 years after the death, whichever is shorter (§ 3-904(g)(2) for the wrongful death claim). Pennsylvania's 2-year rule for asbestos covers a death too. The wrongful death deadline in 26 states and D.C. is on the wrongful death lawyer page.

    A second diagnosis can be a new claim. In Virginia, a later diagnosis of a malignant asbestos disease is a separate injury from an earlier nonmalignant one, with its own clock (Va. Code § 8.01-249(4)). Florida treats a cancer claim as distinct from a nonmalignant claim for the same person (Fla. Stat. § 774.206(2)).

    State map · 47 of 51 with a value

    Your state's deadline, and whether a rule for asbestos was read

    Show

    • Under 2 years2
    • 2 years23
    • 3 years16
    • 4 years or more6
    • Not checked4

    Deadline to sue

    Tap a state to see its rule and the law behind it.

    See the table 51 rows
    StateDeadline to sueWhen the clock startsLaw
    Alabama2 yearsOnly the general rule was readAla. Code § 6-2-38(l)
    Alaska2 yearsOnly the general rule was readAS 09.10.070(a)
    Arizona2 yearsOnly the general rule was readA.R.S. § 12-542(1)
    Arkansas3 yearsOnly the general rule was readArk. Code Ann. § 16-56-105
    CaliforniaNot checkedNot checked
    Colorado2 yearsOnly the general rule was readC.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I)
    Connecticut3 yearsA rule for asbestosConn. Gen. Stat. § 52-577a(a)
    Delaware2 yearsOnly the general rule was read10 Del. C. § 8119
    District of Columbia3 yearsOnly the general rule was readD.C. Code § 12-301(a)(8)
    Florida2 yearsA rule for asbestosFla. Stat. § 95.11(5)(a); Fla. Stat. § 774.206(1)
    Georgia2 yearsOnly the general rule was readO.C.G.A. § 9-3-33
    Hawaii2 yearsOnly the general rule was readHRS § 657-7
    Idaho2 yearsOnly the general rule was readIdaho Code § 5-219(4)
    Illinois2 yearsOnly the general rule was read735 ILCS 5/13-202
    Indiana2 yearsOnly the general rule was readInd. Code § 34-11-2-4
    Iowa2 yearsA rule for a latent or job diseaseIowa Code § 614.1(2); Iowa Code § 614.1(2A)(b)
    Kansas2 yearsA rule for a latent or job diseaseK.S.A. 60-513(a)(4); K.S.A. 60-3303(d)
    Kentucky1 yearOnly the general rule was readKRS 413.140(1)(a); KRS 304.39-230(6)
    Louisiana2 yearsOnly the general rule was readLa. Civ. Code art. 3493.1 (Acts 2024, No. 423)
    Maine6 yearsOnly the general rule was read14 M.R.S. § 752
    Maryland3 yearsA rule for a latent or job diseaseMd. Code, Cts. & Jud. Proc. § 5-101
    Massachusetts3 yearsOnly the general rule was readMass. Gen. Laws ch. 260, § 2A
    Michigan3 yearsOnly the general rule was readMCL 600.5805(2)
    Minnesota6 yearsOnly the general rule was readMinn. Stat. § 541.05, subd. 1(5)
    Mississippi3 yearsOnly the general rule was readMiss. Code Ann. § 15-1-49(1)
    Missouri5 yearsOnly the general rule was readRSMo § 516.120(4)
    Montana3 yearsOnly the general rule was readMont. Code Ann. § 27-2-204(1)
    Nebraska4 yearsOnly the general rule was readNeb. Rev. Stat. § 25-207
    Nevada2 yearsOnly the general rule was readNRS 11.190(4)(e)
    New Hampshire3 yearsOnly the general rule was readRSA 508:4(I)
    New Jersey2 yearsOnly the general rule was readN.J.S.A. 2A:14-2(a)
    New Mexico3 yearsOnly the general rule was readNMSA 1978, § 37-1-8
    New YorkNot checkedNot checked
    North Carolina3 yearsOnly the general rule was readN.C. Gen. Stat. § 1-52(16)
    North Dakota6 yearsOnly the general rule was readN.D.C.C. § 28-01-16(5)
    OhioNot checkedNot checked
    Oklahoma2 yearsOnly the general rule was read12 O.S. § 95(A)(3)
    Oregon2 yearsOnly the general rule was readORS 12.110(1)
    Pennsylvania2 yearsA rule for asbestos42 Pa.C.S. § 5524(8)
    Rhode Island3 yearsOnly the general rule was readR.I. Gen. Laws § 9-1-14(b)
    South Carolina3 yearsA discovery rule in the statuteS.C. Code § 15-3-535
    South Dakota3 yearsA discovery rule in the statuteSDCL § 15-2-12.2
    Tennessee1 yearOnly the general rule was readTenn. Code Ann. § 28-3-104(a)(1)(A)
    Texas2 yearsA rule for asbestosTex. Civ. Prac. & Rem. Code § 16.0031(a)
    Utah2 yearsA discovery rule in the statuteUtah Code § 78B-6-706
    Vermont3 yearsA discovery rule in the statute12 V.S.A. § 512(4)
    Virginia2 yearsA rule for asbestosVa. Code § 8.01-249(4)
    Washington3 yearsOnly the general rule was readRCW 4.16.080(2)
    West Virginia2 yearsOnly the general rule was readW. Va. Code § 55-2-12(b)
    WisconsinNot checkedNot checked
    Wyoming4 yearsOnly the general rule was readWyo. Stat. § 1-3-105(a)(iv)(C)

    Each state's value is the one its row of this page's table states, with the law it cites. Nothing you tap is saved or sent. Not legal advice.

    Who may pay for asbestos cancer

    One diagnosis can open several claims at once. Each has its own rules and its own clock:

    SourceWho it coversThe first deadlineLaw
    A lawsuitA person harmed by asbestos, against the companies that made, sold or installed the products or owned the place; the family after a deathThe state deadline above, most often 2 or 3 yearsState law (the table above)
    Asbestos trustsPeople with claims against a company that went through a bankruptcy with an asbestos trustSet by each trust's own procedures11 U.S.C. § 524(g)
    VA disability compensation, and DIC for survivorsVeterans with a condition caused by asbestos contact in service; survivors after a service-connected death1 year after an intent to file; 1 year after a decision to ask for a review38 C.F.R. § 3.155(b); 38 C.F.R. § 3.2500(a)(1)
    Federal employees (FECA)Federal civilian employees with a disease from work3 years; for a latent disability, counted from when you knew or should have known of the link to your job5 U.S.C. § 8122(a); 5 U.S.C. § 8122(b)
    The Longshore ActDock, shipyard and harbor workers it coversWritten notice within 1 year, and a claim within 2 years, after you knew or should have known of the link33 U.S.C. § 912(a); 33 U.S.C. § 913(b)(2)
    State workers' compensationMost other employeesYour state's own deadline: see workers' compensationState law
    Social Security disability (SSDI)Workers with enough work credits who cannot workApply soon: back pay reaches at most 12 months before the month you apply20 C.F.R. § 404.621(a)(1)
    • A work-injury claim and a claim against others. Under the Longshore Act, the employer's liability for compensation is exclusive, but if someone other than the employer is liable, the worker need not choose between compensation and damages from that third person.33 U.S.C. § 905(a) · 33 U.S.C. § 933(a)
    • Veterans. VA may pay disability compensation when both are true: you have a health condition caused by asbestos exposure, and you had contact with asbestos while serving in the military. See veterans.VA: Veterans asbestos exposure
    • Federal employees. FECA allows 3 years; for a latent disability the time does not start until you have a compensable disability and know, or should have known, that it is related to your job.5 U.S.C. § 8122(b)

    Quick guide

    Who may pay for asbestos cancer?

    1. Where did the asbestos exposure happen?

    Pick what is closest to your situation.

    It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.

    Asbestos trusts: who pays when a company went bankrupt

    When a company sued over asbestos goes through a Chapter 11 reorganization, the court can send its asbestos claims to a trust. Under 11 U.S.C. § 524(g), the trust takes over the company's liabilities for personal injury, wrongful death or property damage caused by exposure to asbestos or asbestos-containing products, and uses its assets or income to pay claims and future demands. The court's injunction then stops legal action to collect those claims from the company; they are paid by the trust.

    • The claimants vote. The class of claimants the trust will pay must vote for the plan by at least 75 percent of those voting.11 U.S.C. § 524(g)(2)(B)(ii)(IV)
    • Similar claims, paid the same way. The trust must operate through mechanisms such as structured, periodic or supplemental payments, pro rata distributions, matrices, or periodic review of estimates, so that similar present claims and future demands are valued and paid in substantially the same manner.11 U.S.C. § 524(g)(2)(B)(ii)(V)
    • Where the payment amounts are. Each trust's eligibility and payment levels are in its own documents, which Oklahoma's law describes as claims payment matrices, trust distribution procedures or plans for reorganization. They come out of the bankruptcy case and are not published on a government site this guide uses, so this page gives no trust payment figures.Okla. Stat. tit. 76, § 82

    Several states make a person who sues also disclose the trust claims. In the states below, read on November 2, 2026, the plaintiff in an asbestos case must give the other parties a sworn statement of the trust claims filed or expected:

    StateWhat the plaintiff must disclose, and whenLaw
    ArizonaA sworn statement of each claim filed or reasonably expected against an asbestos trust, within 45 days after the defendant's answer is filedA.R.S. § 12-782(A)
    IowaA sworn statement that all asbestos trust claims were investigated and filed, within 90 days after the asbestos action is filedIowa Code § 686A.3(1)
    KansasFile every asbestos trust claim that can be made, with a sworn statement, no later than 30 days before the court's date for completing fact discoveryK.S.A. 60-4914(a)
    North DakotaA sworn statement that all asbestos trust claims were investigated and filed, within 30 days after the asbestos action is filedN.D. Cent. Code § 32-46.1-02(1)
    OklahomaA statement of all claims filed or expected against a personal injury trust, within 90 days after the action is filedOkla. Stat. tit. 76, § 83(A)
    South DakotaA sworn statement of any asbestos trust claim filed or that could be filed, not more than 120 days before the trial dateSDCL § 21-66-2
    Tip. Other states were not checked for this page. A law of this kind does not set what a trust pays; it sets what the person suing must tell the other side.

    Social Security, VA and work-injury benefits: the clocks

    Benefits are paid under federal or state law, not by settlement, and each has its own clock. The calculator below counts them from your dates.

    • Social Security: on the fast-track list. Pleural, peritoneal, pericardial, desmoplastic and sarcomatoid mesothelioma are on Social Security's Compassionate Allowances list, a way to quickly identify conditions that, by definition, meet its standards for disability benefits.SSA: Compassionate Allowances
    • SSDI: the 5-month wait. SSDI is not paid for the first 5 full months of disability (20 C.F.R. § 404.315(a)(4)); benefits begin with the first month after the wait (20 C.F.R. § 404.316(a)). Medicare starts with the 25th month of disability benefits, 24 months after the first (42 C.F.R. § 406.12(d)(1)). Apply late, and back pay reaches at most 12 months before the month you apply (20 C.F.R. § 404.621(a)(1)). The wait is skipped only for ALS, or if you were entitled to disability benefits within 5 years before this disability began. The same checked data is on the SSDI page.
    • VA: intent to file, then 1 year. An intent to file sets a possible start date for benefits. If VA receives the complete claim within 1 year, it treats the claim as filed on the day it received the intent to file. You can have only 1 active intent to file at a time.38 C.F.R. § 3.155(b)
    • VA: 1 year to ask for a review. After a VA decision, you have 1 year from the date on the decision letter to ask for a Higher-Level Review or a Board Appeal. A Supplemental Claim with new and relevant evidence can be filed at any time.38 C.F.R. § 3.2500(a)(1) · 38 C.F.R. § 3.2500(a)(2)
    • Survivors of a veteran: DIC. A surviving spouse, child or parent may get Dependency and Indemnity Compensation, for example when the veteran died from a service-connected illness or injury. For a service-connected death after service, payments can start with the first day of the month of the death if VA receives the claim within 1 year after the death.38 C.F.R. § 3.400(c)(2)
    • Federal employees (FECA). An original claim within 3 years; for a latent disability, the time starts when you have a compensable disability and are aware, or should have been, that it is related to your job.5 U.S.C. § 8122(a) · 5 U.S.C. § 8122(b)
    • Longshore and harbor workers. For an occupational disease, written notice to the deputy commissioner and the employer within 1 year, and a claim within 2 years, after you become aware, or should have, of the link between the job, the disease and the disability or death; or within 1 year of the last compensation payment, whichever is later.33 U.S.C. § 912(a) · 33 U.S.C. § 913(b)(2)
    Tip. Social Security disability benefits can be reduced when you also get workers' compensation or certain public disability benefits (20 C.F.R. § 404.408). Ask before you settle a work-injury claim.

    Date calculator · 6 claim clocks

    Your benefit clocks: Social Security, VA and work-injury claims

    From the U.S. Code and federal regulations read on govinfo.gov and va.gov on November 2, 2026; SSDI dates as on this guide's SSDI page · checked Nov 2, 2026

    Which benefit?

    Pick the benefit, then enter the date it counts from.

      Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.

      Veterans and asbestos: VA compensation and what a lawyer may charge

      VA may pay tax-free monthly disability compensation when both are true: you have a health condition caused by exposure to asbestos, and you had contact with asbestos while serving in the military. VA lists jobs where veterans may have been exposed: mining, milling, shipyard work, insulation work, demolition of old buildings, carpentry and construction, and making or installing products such as flooring and roofing. Its testing advice also names cement sheet, pipes, insulation, and clutch facings and brake linings.

      • No fee for the first claim. An accredited attorney or agent may not charge for services before you get notice of VA's initial decision on the claim.38 U.S.C. § 5904(c)(1)
      • After that, the fee is limited. A fee of no more than 20 percent of the past-due benefits is presumed reasonable. When VA pays the lawyer straight from past-due benefits, the fee may not exceed 20 percent. A fee above 33 1/3 percent is presumed unreasonable.38 U.S.C. § 5904(a)(5) · 38 U.S.C. § 5904(d)(1) · 38 C.F.R. § 14.636(f)(1)
      • Service, not civilian jobs. A VA claim is about contact with asbestos in service. Exposure in a civilian job before or after service follows the other routes on this page, such as a lawsuit or a work-injury claim.

      Your exposure and medical records: what an employer must give you

      Federal OSHA rules give current and former employees the right to see and copy their exposure and medical records, and after a death the worker's legal representative may use the same rights. The rule covers general industry, maritime and construction employers who make, keep, contract for or have access to such records (29 C.F.R. § 1910.1020(b)(1)).

      • 15 working days. The employer must give access in a reasonable time, place and manner; if it cannot within 15 working days, it must tell you within those 15 working days why, and the earliest date the records will be available.29 C.F.R. § 1910.1020(e)(1)(i)
      • Without cost. A copy is provided without cost, or copying facilities are made available without cost, or the record is loaned to you for copying.29 C.F.R. § 1910.1020(e)(1)(iii)
      • Coworkers' records count when yours are missing. If no record measures your own exposure, your exposure records include records of other employees with the same or similar duties or working conditions, as far as needed to show what you were exposed to.29 C.F.R. § 1910.1020(e)(2)(i)(A)
      • How long records are kept. Exposure records: at least 30 years. Medical records: the length of employment plus 30 years. Old records may be gone, so ask in writing and keep what you get.29 C.F.R. § 1910.1020(d)(1)(i) · 29 C.F.R. § 1910.1020(d)(1)(ii) · 29 C.F.R. § 1910.1001(m)
      • After a death. A deceased employee's legal representative may directly exercise all the employee's rights under the rule.29 C.F.R. § 1910.1020(c)(4)

      Letter generator · 2 choices

      Ask the employer for the asbestos exposure and medical records

      From OSHA's rule on access to employee exposure and medical records, 29 C.F.R. § 1910.1020, read on osha.gov · checked Nov 2, 2026

      Who is asking?

      Fill in the details; the letter is written as you type.

        Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.

        What a mesothelioma lawyer costs

        No state publishes a price for a mesothelioma lawyer, and no official source gives an average percentage. Many take a lawsuit on a contingent fee, a share of what is recovered. Under the ABA model rule, that agreement must be in writing, signed by the client, and say how the fee is figured, including the percentage, and which expenses come out of the recovery (ABA Model Rule 1.5(c)). Some laws set the most a lawyer or representative may take:

        WhereCasesThe most the lawyer may takeLaw
        Social Security disabilityA fee agreement SSA approves25% of past-due benefits or $9,200, whichever is lessPOMS GN 03940.003; 90 FR 19241
        VA disabilityA fee VA pays from past-due benefits20% of past-due benefits; no fee before notice of the initial decision; above 33 1/3 percent presumed unreasonable38 U.S.C. § 5904(c)(1); 38 U.S.C. § 5904(d)(1); 38 C.F.R. § 14.636(f)(1)
        The Longshore ActA successful claim the employer contestedA reasonable fee approved by the deputy commissioner, Board or court, paid by the employer or carrier33 U.S.C. § 928(a)
        FECAWork before OWCPThe representative must send OWCP a fee application for approval20 C.F.R. § 10.703
        OklahomaAny contingent feeAt most 50% of the net amount recoveredOkla. Stat. tit. 5, § 7
        MichiganPersonal injury and wrongful deathAt most one-third of the amount recovered, after costsMCR 8.121(B), (C)(1)
        ConnecticutPersonal injury, wrongful death and property damage33⅓% of the first $300,000, then 25%, 20%, 15%, and 10% above $1,200,000Conn. Gen. Stat. § 52-251c(b)

        Ask before you sign: the percentage, whether it is figured before or after costs, who pays the costs if the case is lost, whether the same lawyer files the trust claims and what that costs, and how a VA, Social Security or work-injury claim is billed. The fee tables for every injury case are on Personal injury lawyer. Bar-run referral services connect you with a lawyer for your kind of problem. The ones this guide has checked publish a first-consultation price: the State Bar of Texas service up to $20 for up to 30 minutes, The Florida Bar service up to $25 for 30 minutes, and the New York State Bar Association service normally $35 for the first half hour; California certifies its referral services, which you search by county. See Find a lawyer or free legal aid for the details.

        Calculator

        The most a lawyer or representative may take, where a law sets it

        1. Which benefit or rule?

        2. Which rule?

        Fill in the steps to see the answer.

        Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.

        Settlements: how long, taxes, and the family after a death

        • How long it takes. No official source publishes an average time to settle a mesothelioma case or to be paid by a trust. The fixed dates are the filing deadlines, and disclosure rules such as Kansas's (trust claims filed before the court's discovery cutoff) add steps.K.S.A. 60-4914(a)
        • Taxes. Damages received on account of personal physical injuries or physical sickness are not income, except punitive damages. The IRS says a settlement for physical injuries is non-taxable unless you deducted the medical expenses in an earlier year, and that interest on a settlement is generally taxable. VA says its disability compensation is tax-free. Ask a tax professional about your own settlement.26 U.S.C. § 104(a)(2) · IRS Publication 4345
        • After a death: the family's claim. The family may bring a wrongful death claim, with its own deadline and its own rules on who files and who shares; see Wrongful death lawyer. Pennsylvania's rule for asbestos covers a death; Virginia bars an action more than 2 years after the death; Maryland gives 3 years from discovering that a job disease caused the death, and no more than 10 years.42 Pa.C.S. § 5524(8) · Va. Code § 8.01-249(4) · Md. Code, Cts. & Jud. Proc. § 5-113(b)
        • Family benefits. Survivors of a veteran whose death was service-connected may get DIC. The Longshore Act counts a death claim from an occupational disease the same way as a disability claim, and FECA's 3 years cover a claim for death too.38 C.F.R. § 3.400(c)(2) · 33 U.S.C. § 913(b)(2) · 5 U.S.C. § 8122(a)

        Check a lawyer's license in your state before you hire

        Check the license before you sign a fee agreement, in the state where the case will be filed.

        Lawyers are licensed by a state agency in each state, and that agency can tell you whether a person has a law license and may practice there, the American Bar Association says. Its list names the agency in every state: in some it is the state bar, in others the state's highest court or one of its agencies. The table below gives each one, with a link where the site is a government or state-bar site this guide links to. ABA: Lawyer Licensing

        StateWhere to check a lawyer's licenseRun by
        AlabamaAlabama State Bar member search (alabar.org)A state bar
        AlaskaAlaska Bar Association member directory (alaskabar.org)A state bar
        ArizonaState Bar of Arizona lawyer search (azbar.org)A state bar
        ArkansasArkansas Judiciary attorney searchA court or court agency
        CaliforniaState Bar of California attorney searchA state bar
        ColoradoColorado Supreme Court attorney search (coloradosupremecourt.com)A court or court agency
        ConnecticutConnecticut Judicial Branch attorney and firm inquiryA court or court agency
        DelawareDelaware public attorney search, at the address the ABA listsAnother official site
        District of ColumbiaD.C. Bar member directory (dcbar.org)A state bar
        FloridaThe Florida Bar member searchA state bar
        GeorgiaState Bar of Georgia member search (gabar.org)A state bar
        HawaiiHawaii State Bar Association lawyer search (hsba.org)A state bar
        IdahoIdaho State Bar attorney rosterA state bar
        IllinoisIllinois Attorney Registration and Disciplinary Commission (iardc.org)A court or court agency
        IndianaIndiana Roll of AttorneysA court or court agency
        IowaIowa court commissions lawyer search (iacourtcommissions.org)A court or court agency
        KansasKansas courts attorney registration directory (kscourts.org)A court or court agency
        KentuckyKentucky Bar Association member search (kybar.org)A state bar
        LouisianaLouisiana Attorney Disciplinary Board search (ladb.org)A court or court agency
        MaineMaine attorney directoryAnother official site
        MarylandMaryland Courts attorney searchA court or court agency
        MassachusettsMassachusetts Board of Bar Overseers attorney lookup (massbbo.org)A court or court agency
        MichiganState Bar of Michigan member directory (michbar.org)A state bar
        MinnesotaMinnesota Lawyer Registration Office public searchA court or court agency
        MississippiThe Mississippi Bar lawyer directory (msbar.org)A state bar
        MissouriThe Missouri Bar lawyer directory (mobar.org)A state bar
        MontanaState Bar of Montana member search (montanabar.org)A state bar
        NebraskaNebraska lawyer searchAnother official site
        NevadaState Bar of Nevada lawyer search (nvbar.org)A state bar
        New HampshireCall the New Hampshire Bar Association at 603-224-6942By phone
        New JerseyNew Jersey Courts attorney search (njcourts.gov)A court or court agency
        New MexicoState Bar of New Mexico (sbnm.org)A state bar
        New YorkNew York State Unified Court System attorney searchA court or court agency
        North CarolinaNorth Carolina State Bar license verificationA state bar
        North DakotaNorth Dakota Courts lawyer searchA court or court agency
        OhioSupreme Court of Ohio attorney searchA court or court agency
        OklahomaOklahoma Bar Association member search (okbar.org)A state bar
        OregonOregon State Bar member search (osbar.org)A state bar
        PennsylvaniaDisciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org)A court or court agency
        Rhode IslandRhode Island Bar Association member directory (ribar.com)A state bar
        South CarolinaSouth Carolina Judicial Branch attorney search (sccourts.org)A court or court agency
        South DakotaCall the State Bar of South Dakota at 605-224-7554By phone
        TennesseeBoard of Professional Responsibility online attorney directory (tbpr.org)A court or court agency
        TexasState Bar of Texas Find a LawyerA state bar
        UtahUtah State Bar member directory (utahbar.org)A state bar
        VermontVermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org)A court or court agency
        VirginiaVirginia State Bar attorney search (vsb.org)A state bar
        WashingtonWashington State Bar Association lawyer directory (wsba.org)A state bar
        West VirginiaWest Virginia State Bar member search (wvbar.org)A state bar
        WisconsinState Bar of Wisconsin lawyer search (wisbar.org)A state bar
        WyomingWyoming State Bar membership directory (wyomingbar.org)A state bar
        • Search the exact name on the license, and check that the status is active and the person is allowed to practice now.
        • Look for public discipline. Many of these searches show it, and the same agency handles complaints about lawyers.
        • A lawyer from another state usually cannot handle a case in your state's courts unless the court lets them in for that case.
        • A business name is not a license. Ask for the lawyer’s own name and check that person, not the firm.

        State map · 51 of 51 with a value

        Check a lawyer's license: who runs the official search in your state

        • A state bar27
        • A court or court agency19
        • Another official site3
        • By phone2

        Who runs the search

        Tap your state to see where to check a lawyer's license.

        See the table 51 rows
        StateWho runs the searchThe ruleLaw
        AlabamaA state barAlabama State Bar member search (alabar.org)ABA: Lawyer Licensing
        AlaskaA state barAlaska Bar Association member directory (alaskabar.org)ABA: Lawyer Licensing
        ArizonaA state barState Bar of Arizona lawyer search (azbar.org)ABA: Lawyer Licensing
        ArkansasA court or court agencyArkansas Judiciary attorney search (arkansas.gov)ABA: Lawyer Licensing
        CaliforniaA state barState Bar of California attorney search (calbar.ca.gov)ABA: Lawyer Licensing
        ColoradoA court or court agencyColorado Supreme Court attorney search (coloradosupremecourt.com)ABA: Lawyer Licensing
        ConnecticutA court or court agencyConnecticut Judicial Branch attorney and firm inquiry (jud.ct.gov)ABA: Lawyer Licensing
        DelawareAnother official siteDelaware public attorney search, at the address the ABA listsABA: Lawyer Licensing
        District of ColumbiaA state barD.C. Bar member directory (dcbar.org)ABA: Lawyer Licensing
        FloridaA state barThe Florida Bar member search (floridabar.org)ABA: Lawyer Licensing
        GeorgiaA state barState Bar of Georgia member search (gabar.org)ABA: Lawyer Licensing
        HawaiiA state barHawaii State Bar Association lawyer search (hsba.org)ABA: Lawyer Licensing
        IdahoA state barIdaho State Bar attorney roster (isb.idaho.gov)ABA: Lawyer Licensing
        IllinoisA court or court agencyIllinois Attorney Registration and Disciplinary Commission (iardc.org)ABA: Lawyer Licensing
        IndianaA court or court agencyIndiana Roll of Attorneys (in.gov)ABA: Lawyer Licensing
        IowaA court or court agencyIowa court commissions lawyer search (iacourtcommissions.org)ABA: Lawyer Licensing
        KansasA court or court agencyKansas courts attorney registration directory (kscourts.org)ABA: Lawyer Licensing
        KentuckyA state barKentucky Bar Association member search (kybar.org)ABA: Lawyer Licensing
        LouisianaA court or court agencyLouisiana Attorney Disciplinary Board search (ladb.org)ABA: Lawyer Licensing
        MaineAnother official siteMaine attorney directory (maine.gov)ABA: Lawyer Licensing
        MarylandA court or court agencyMaryland Courts attorney search (mdcourts.gov)ABA: Lawyer Licensing
        MassachusettsA court or court agencyMassachusetts Board of Bar Overseers attorney lookup (massbbo.org)ABA: Lawyer Licensing
        MichiganA state barState Bar of Michigan member directory (michbar.org)ABA: Lawyer Licensing
        MinnesotaA court or court agencyMinnesota Lawyer Registration Office public search (lro.mn.gov)ABA: Lawyer Licensing
        MississippiA state barThe Mississippi Bar lawyer directory (msbar.org)ABA: Lawyer Licensing
        MissouriA state barThe Missouri Bar lawyer directory (mobar.org)ABA: Lawyer Licensing
        MontanaA state barState Bar of Montana member search (montanabar.org)ABA: Lawyer Licensing
        NebraskaAnother official siteNebraska lawyer search (ne.gov)ABA: Lawyer Licensing
        NevadaA state barState Bar of Nevada lawyer search (nvbar.org)ABA: Lawyer Licensing
        New HampshireBy phoneCall the New Hampshire Bar Association at 603-224-6942ABA: Lawyer Licensing
        New JerseyA court or court agencyNew Jersey Courts attorney search (njcourts.gov)ABA: Lawyer Licensing
        New MexicoA state barState Bar of New Mexico (sbnm.org)ABA: Lawyer Licensing
        New YorkA court or court agencyNew York State Unified Court System attorney search (courts.state.ny.us)ABA: Lawyer Licensing
        North CarolinaA state barNorth Carolina State Bar license verification (ncbar.gov)ABA: Lawyer Licensing
        North DakotaA court or court agencyNorth Dakota Courts lawyer search (ndcourts.gov)ABA: Lawyer Licensing
        OhioA court or court agencySupreme Court of Ohio attorney search (supremecourt.ohio.gov)ABA: Lawyer Licensing
        OklahomaA state barOklahoma Bar Association member search (okbar.org)ABA: Lawyer Licensing
        OregonA state barOregon State Bar member search (osbar.org)ABA: Lawyer Licensing
        PennsylvaniaA court or court agencyDisciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org)ABA: Lawyer Licensing
        Rhode IslandA state barRhode Island Bar Association member directory (ribar.com)ABA: Lawyer Licensing
        South CarolinaA court or court agencySouth Carolina Judicial Branch attorney search (sccourts.org)ABA: Lawyer Licensing
        South DakotaBy phoneCall the State Bar of South Dakota at 605-224-7554ABA: Lawyer Licensing
        TennesseeA court or court agencyBoard of Professional Responsibility online attorney directory (tbpr.org)ABA: Lawyer Licensing
        TexasA state barState Bar of Texas Find a Lawyer (texasbar.com)ABA: Lawyer Licensing
        UtahA state barUtah State Bar member directory (utahbar.org)ABA: Lawyer Licensing
        VermontA court or court agencyVermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org)ABA: Lawyer Licensing
        VirginiaA state barVirginia State Bar attorney search (vsb.org)ABA: Lawyer Licensing
        WashingtonA state barWashington State Bar Association lawyer directory (wsba.org)ABA: Lawyer Licensing
        West VirginiaA state barWest Virginia State Bar member search (wvbar.org)ABA: Lawyer Licensing
        WisconsinA state barState Bar of Wisconsin lawyer search (wisbar.org)ABA: Lawyer Licensing
        WyomingA state barWyoming State Bar membership directory (wyomingbar.org)ABA: Lawyer Licensing

        Each state's value is the one its row of this page's table states, with the law it cites. Nothing you tap is saved or sent. Not legal advice.

        Your first meeting with a mesothelioma lawyer: what to bring and ask

        Bring what you have, in order. The work history matters most: a lawyer uses it to find where the asbestos came from. Ask:

        • “Is your license active in this state, and how many asbestos cases have you handled?”
        • “What is my deadline, and in which state should the case be filed?”
        • “Which companies and which bankruptcy trusts could be responsible for my exposure?”
        • “Will you also file the trust claims, and is that included in the fee?”
        • “Should I file for VA, Social Security or workers' compensation now, and who helps with that?”
        • “How is your fee figured, before or after costs, and who pays the costs if we lose?”
        • “What happens to the case if I die before it ends?”

        Checklist

        Ready for the first meeting with a mesothelioma lawyer?

        Tick what you have ready.

        Tick each point as you get it ready.

        Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.

        Common questions about mesothelioma lawyers and claims

        What's the average payout for a mesothelioma lawsuit?

        No official source publishes one. The averages online come from law firms and lead-generation sites, not from courts or agencies. A recovery can combine damages in a lawsuit, decided under state law; payments from asbestos trusts, set by each trust's own procedures; and benefits such as VA compensation or SSDI, set by federal law.

        How much does a mesothelioma lawyer cost?

        Many work on a contingent fee, a share of the recovery agreed in writing; no official source publishes an average. Some laws cap the fee: 25% of back pay or $9,200, whichever is less, for an SSA fee agreement; 20% when VA pays the lawyer from past-due benefits; 50% in Oklahoma. The bar referral services this guide checked charge up to $20, $25 or $35 for a first half hour.

        Who do you sue for mesothelioma?

        Those responsible for the asbestos exposure, such as the companies that made, sold or installed the products or owned the place. A company that went through a bankruptcy with an asbestos trust is paid through its trust instead (11 U.S.C. § 524(g)). Under the Longshore Act the employer pays compensation, but a claim against others stays open.

        Is there compensation for mesothelioma without a lawsuit?

        Yes, from programs set by law: VA disability compensation for exposure in service, workers' compensation, FECA or the Longshore Act for exposure at work, and Social Security disability, which lists five kinds of mesothelioma among its Compassionate Allowances. Asbestos trusts pay claims through their own procedures.

        How long do mesothelioma settlements and asbestos lawsuits take?

        No official source publishes an average time. The fixed dates are the deadlines: your state's filing deadline, and steps such as Kansas's rule that trust claims be filed at least 30 days before the court's fact-discovery date. Trusts pay on their own schedules.

        What is the average settlement for a mesothelioma death?

        No official source publishes one. After a death, the family may bring a wrongful death claim, with its own deadline and rules on who files. Survivors of a veteran whose death was service-connected may get DIC, and VA can pay from the month of the death if the claim arrives within 1 year.

        Do you have to pay taxes on a mesothelioma settlement?

        Damages received on account of personal physical injuries or physical sickness are not income, except punitive damages (26 U.S.C. § 104(a)(2)). The IRS says interest on a settlement is generally taxable, and a physical-injury settlement is non-taxable unless you deducted the medical expenses in earlier years. VA disability compensation is tax-free. Ask a tax professional.

        Can family members get compensation for mesothelioma?

        Yes, in several ways: a wrongful death claim after a death, with the deadline your state sets; DIC for survivors of a veteran who died from a service-connected illness; and death benefits under the Longshore Act or FECA, with their own claim time. A legal representative can also ask the employer for the worker's exposure records.

        Can veterans get compensation for asbestos exposure?

        VA may pay disability compensation when you have a condition caused by asbestos and had contact with asbestos during service. Send an intent to file first; you then have 1 year to file the claim. An accredited lawyer may not charge before the first decision, and a fee VA pays from back pay is capped at 20%.

        How long do I have to file a mesothelioma lawsuit?

        It depends on the state. Pennsylvania and Virginia give 2 years from when a doctor tells you; South Carolina, South Dakota and Vermont 3 years from discovery; Texas starts its 2 years at the death or when a physician's report is served; Florida waits until you discover the impairment. Use the calculator at the top of this page.

        How do I find a mesothelioma lawyer near me, and does a law firm's name matter?

        Check the license of the lawyer who will handle your case, with the official search of the state where it will be filed; a firm name is not a license. Bar referral services connect you with a lawyer for your kind of case. This page does not rank or recommend lawyers or firms.

        Official sources

        1. National Cancer Institute: Mesothelioma (the thin tissue that lines the lung, chest wall and abdomen; asbestos the major risk factor) cancer.gov
        2. National Cancer Institute: Asbestos exposure and cancer risk fact sheet (most mesotheliomas are due to asbestos exposure) cancer.gov
        3. CDC, MMWR 66(8), 2017: Malignant mesothelioma mortality, United States, 1999-2015 (latency 20 to 71 years; 45,221 deaths) cdc.gov
        4. U.S. Department of Veterans Affairs, Public Health: Asbestos (occupations; symptoms 20 to 50 years after exposure) publichealth.va.gov
        5. OSHA, 29 C.F.R. § 1910.1001: asbestos standard ((c) permissible exposure limits; (m) recordkeeping) osha.gov
        6. OSHA, 29 C.F.R. § 1926.1101: asbestos in construction ((c) permissible exposure limits) osha.gov
        7. OSHA, 29 C.F.R. § 1910.1020: access to employee exposure and medical records (15 working days; without cost; 30 years; legal representative) osha.gov
        8. EPA: Risk management for asbestos, part 1: chrysotile asbestos (the March 2024 ban of ongoing uses) epa.gov
        9. 11 U.S.C. § 524(g): asbestos trusts and injunctions in a Chapter 11 reorganization govinfo.gov
        10. Oklahoma Statutes, title 76 (§§ 81 to 89: Personal Injury Trust Fund Transparency Act) (PDF) oklegislature.gov
        11. A.R.S. § 12-782: asbestos exposure claims, trust claim disclosures azleg.gov
        12. Iowa Code chapter 686A: Asbestos Bankruptcy Trust Claims Transparency Act (PDF) legis.iowa.gov
        13. K.S.A. 60-4914: duties of the plaintiff (asbestos trust claims) ksrevisor.gov
        14. N.D. Cent. Code chapter 32-46.1: asbestos bankruptcy trust transparency (PDF) ndlegis.gov
        15. SDCL § 21-66-2: sworn statement identifying asbestos trust claims sdlegislature.gov
        16. VA: Veterans asbestos exposure (eligibility for disability compensation; jobs and products) va.gov
        17. VA: Dependency and Indemnity Compensation (DIC) for survivors va.gov
        18. VA: Your intent to file a VA claim (1 year to file) va.gov
        19. VA: Higher-Level Review (within 1 year of the decision) va.gov
        20. VA: Board Appeal (within 1 year of the decision) va.gov
        21. 38 C.F.R. § 3.155 (2025 edition): intent to file a claim, 1 year govinfo.gov
        22. 38 C.F.R. § 3.400 (2025 edition): effective dates ((c)(2) service-connected death, claim within 1 year) govinfo.gov
        23. 38 C.F.R. § 3.2500 (2025 edition): review of decisions (1 year; supplemental claim at any time) govinfo.gov
        24. 38 C.F.R. § 14.636 (2025 edition): payment of fees for representation (20 percent and 33 1/3 percent presumptions) govinfo.gov
        25. 38 U.S.C. § 5904: recognition of agents and attorneys; fees ((c)(1) no fee before the initial decision; (d) 20 percent) govinfo.gov
        26. 5 U.S.C. § 8122: FECA, time for making a claim (3 years; latent disability) govinfo.gov
        27. 20 C.F.R. § 10.703 (2025 edition): FECA fee applications approved by OWCP govinfo.gov
        28. 33 U.S.C. § 905: Longshore Act, exclusiveness of the employer's liability govinfo.gov
        29. 33 U.S.C. § 912: Longshore Act, notice of injury or death (occupational disease, 1 year) govinfo.gov
        30. 33 U.S.C. § 913: Longshore Act, filing of claims (occupational disease, 2 years) govinfo.gov
        31. 33 U.S.C. § 928: Longshore Act, attorney fees approved govinfo.gov
        32. 33 U.S.C. § 933: Longshore Act, claims against third persons govinfo.gov
        33. Social Security Administration: Compassionate Allowances ssa.gov
        34. Social Security Administration: Compassionate Allowances conditions (pleural, peritoneal, pericardial, desmoplastic and sarcomatoid mesothelioma) ssa.gov
        35. 42 Pa.C.S. § 5524: two-year limitation ((8) asbestos, from the physician's diagnosis or knowledge) (PDF) palegis.us
        36. Va. Code § 8.01-249(4): accrual of asbestos claims (diagnosis first communicated; 2 years after the death) law.lis.virginia.gov
        37. Va. Code § 8.01-243(A): two years for personal injury law.lis.virginia.gov
        38. Texas Civil Practice and Remedies Code, chapter 16 (§ 16.003: 2 years; § 16.0031: asbestos accrual) legis.texas.gov
        39. Texas Civil Practice and Remedies Code, chapter 90 (§ 90.003: physician's report for mesothelioma) legis.texas.gov
        40. Florida Statutes § 774.206 (2026): statute of limitations for asbestos claims; two-disease rule flsenate.gov
        41. Florida Statutes § 95.11 (2026): (3)(d) product claims, 4 years; (5)(a) negligence, 2 years flsenate.gov
        42. Connecticut General Statutes, chapter 926 (§ 52-577a: product liability, 3 years; asbestos, 80 years; § 52-584) cga.ct.gov
        43. K.S.A. 60-513: two years; accrual on substantial injury or when reasonably ascertainable; 10 years ksrevisor.gov
        44. K.S.A. 60-3303(d): latent disease from a harmful material, asbestos included ksrevisor.gov
        45. Iowa Code § 614.1: (2) two years; (2A)(b) latent disease from a harmful material (PDF) legis.iowa.gov
        46. Md. Code, Courts and Judicial Proceedings § 5-101: three years mgaleg.maryland.gov
        47. Md. Code, Courts and Judicial Proceedings § 5-113: occupational disease, 3 years from discovery, 10 years from the death mgaleg.maryland.gov
        48. S.C. Code, title 15, chapter 3 (§ 15-3-535: 3 years from when you knew or should have known) scstatehouse.gov
        49. SDCL § 15-2-12.2: product liability, 3 years from when the injury became known sdlegislature.gov
        50. 12 V.S.A. § 512(4): personal injury, accrual on discovery legislature.vermont.gov
        51. Utah Code § 78B-6-706: Utah Product Liability Act, 2 years from discovery of the harm and its cause le.utah.gov
        52. Md. Code, Courts and Judicial Proceedings § 3-904: beneficiaries, damages, 3 years mgaleg.maryland.gov
        53. Alabama: Ala. Code § 6-2-38(l), deadline to sue for a personal injury govinfo.gov
        54. Alaska: AS 09.10.070(a), deadline to sue for a personal injury akleg.gov
        55. Arizona: A.R.S. § 12-542(1), deadline to sue for a personal injury azleg.gov
        56. Arkansas: Ark. Code Ann. § 16-56-105, deadline to sue for a personal injury govinfo.gov
        57. California: Cal. Code Civ. Proc. § 335.1, deadline to sue for a personal injury selfhelp.courts.ca.gov
        58. Colorado: C.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I), deadline to sue for a personal injury coloradojudicial.gov
        59. Delaware: 10 Del. C. § 8119, deadline to sue for a personal injury delcode.delaware.gov
        60. District of Columbia: D.C. Code § 12-301(a)(8), deadline to sue for a personal injury code.dccouncil.gov
        61. Georgia: O.C.G.A. § 9-3-33, deadline to sue for a personal injury govinfo.gov
        62. Hawaii: HRS § 657-7, deadline to sue for a personal injury courts.state.hi.us
        63. Idaho: Idaho Code § 5-219(4), deadline to sue for a personal injury govinfo.gov
        64. Illinois: 735 ILCS 5/13-202, deadline to sue for a personal injury govinfo.gov
        65. Indiana: Ind. Code § 34-11-2-4, deadline to sue for a personal injury in.gov
        66. Kentucky: KRS 413.140(1)(a); KRS 304.39-230(6), deadline to sue for a personal injury apps.legislature.ky.gov
        67. Louisiana: La. Civ. Code art. 3493.1 (Acts 2024, No. 423), deadline to sue for a personal injury legis.la.gov
        68. Maine: 14 M.R.S. § 752, deadline to sue for a personal injury legislature.maine.gov
        69. Massachusetts: Mass. Gen. Laws ch. 260, § 2A, deadline to sue for a personal injury govinfo.gov
        70. Michigan: MCL 600.5805(2), deadline to sue for a personal injury govinfo.gov
        71. Minnesota: Minn. Stat. § 541.05, subd. 1(5), deadline to sue for a personal injury revisor.mn.gov
        72. Mississippi: Miss. Code Ann. § 15-1-49(1), deadline to sue for a personal injury courts.ms.gov
        73. Missouri: RSMo § 516.120(4), deadline to sue for a personal injury revisor.mo.gov
        74. Montana: Mont. Code Ann. § 27-2-204(1), deadline to sue for a personal injury mca.legmt.gov
        75. Nebraska: Neb. Rev. Stat. § 25-207, deadline to sue for a personal injury nebraska.gov
        76. Nevada: NRS 11.190(4)(e), deadline to sue for a personal injury nvcourts.gov
        77. New Hampshire: RSA 508:4(I), deadline to sue for a personal injury nhb.uscourts.gov
        78. New Jersey: N.J.S.A. 2A:14-2(a), deadline to sue for a personal injury govinfo.gov
        79. New Mexico: NMSA 1978, § 37-1-8, deadline to sue for a personal injury nmonesource.com
        80. New York: N.Y. CPLR 214(5), deadline to sue for a personal injury nysenate.gov
        81. North Carolina: N.C. Gen. Stat. § 1-52(16), deadline to sue for a personal injury govinfo.gov
        82. North Dakota: N.D.C.C. § 28-01-16(5), deadline to sue for a personal injury ndlegis.gov
        83. Ohio: Ohio Rev. Code § 2305.10(A), deadline to sue for a personal injury govinfo.gov
        84. Oklahoma: 12 O.S. § 95(A)(3), deadline to sue for a personal injury oklegislature.gov
        85. Oregon: ORS 12.110(1), deadline to sue for a personal injury govinfo.gov
        86. Rhode Island: R.I. Gen. Laws § 9-1-14(b), deadline to sue for a personal injury govinfo.gov
        87. Tennessee: Tenn. Code Ann. § 28-3-104(a)(1)(A), deadline to sue for a personal injury govinfo.gov
        88. Washington: RCW 4.16.080(2), deadline to sue for a personal injury courts.wa.gov
        89. West Virginia: W. Va. Code § 55-2-12(b), deadline to sue for a personal injury ca4.uscourts.gov
        90. Wyoming: Wyo. Stat. § 1-3-105(a)(iv)(C), deadline to sue for a personal injury wyoleg.gov
        91. South Dakota: SDCL § 15-2-14(3), deadline to sue for a personal injury sdlegislature.gov
        92. Utah: Utah Code § 78B-2-307(4) (numbered (3) before the 2023 amendment), deadline to sue for a personal injury le.utah.gov
        93. Connecticut: Conn. Gen. Stat. § 52-251c(b), (c), (e), (f), limit on contingency fees cga.ct.gov
        94. Oklahoma: Okla. Stat. tit. 5, § 7, limit on contingency fees oklegislature.gov
        95. Michigan Court Rules, MCR 8.121: contingent fees in personal injury cases (one-third) courts.michigan.gov
        96. 26 U.S.C. § 104(a)(2): damages for personal physical injuries are not income govinfo.gov
        97. IRS Publication 4345: Settlements, taxability irs.gov
        98. 20 C.F.R. § 404.315: who is entitled to disability benefits (insured, apply, disability, the 5-month waiting period, the 17th-month limit, no wait after prior entitlement within 5 years or for ALS) ecfr.gov
        99. 20 C.F.R. § 404.316: when disability benefits begin and end (conversion at full retirement age) ecfr.gov
        100. 20 C.F.R. § 404.408: reduction of disability benefits for workers’ compensation and certain public disability benefits ecfr.gov
        101. 20 C.F.R. § 404.621: benefits for up to 12 months before the month of application ecfr.gov
        102. 42 C.F.R. § 406.12: Medicare hospital insurance from the 25th month of disability benefits ecfr.gov
        103. SSA POMS GN 03940.003: Fee agreement evaluation ssa.gov
        104. Federal Register, May 6, 2025 (90 FR 19241): Maximum dollar limit in the fee agreement process govinfo.gov
        105. ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
        106. ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
        107. State Bar of Texas: Lawyer Referral & Information Service texasbar.com
        108. The Florida Bar: Lawyer Referral Service floridabar.org
        109. New York State Bar Association: Lawyer Referral Service nysba.org
        110. State Bar of California: certified lawyer referral services calbar.ca.gov
        111. American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
        112. Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
        113. California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
        114. Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
        115. Florida: The Florida Bar member search, as the ABA lists it floridabar.org
        116. Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
        117. Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
        118. Maine: Maine attorney directory, as the ABA lists it maine.gov
        119. Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
        120. Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
        121. Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
        122. New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
        123. North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
        124. North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
        125. Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
        126. Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com

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