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

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?
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.
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.
| State | Deadline to sue | When the clock starts for asbestos or a disease found later | Law |
|---|---|---|---|
| Alabama | 2 years from the date of injury | Only 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 accrues | Ala. Code § 6-2-38(l) |
| Alaska | 2 years after the claim accrues | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | AS 09.10.070(a) |
| Arizona | 2 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | A.R.S. § 12-542(1) |
| Arkansas | 3 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Ark. Code Ann. § 16-56-105 |
| California | 2 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 read | Cal. Code Civ. Proc. § 335.1 |
| Colorado | 2 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 accrues | C.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I) |
| Connecticut | 3 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 act | A 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 exposure | Conn. Gen. Stat. § 52-577a(a); Conn. Gen. Stat. § 52-577a(e); Conn. Gen. Stat. § 52-584 |
| Delaware | 2 years from the date the injuries were sustained | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | 10 Del. C. § 8119 |
| District of Columbia | 3 years from the time the right to maintain the action accrues | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | D.C. Code § 12-301(a)(8) |
| Florida | 2 years for negligence; 4 years for an injury founded on the design, manufacture, distribution or sale of a product | A rule for asbestos: the period does not begin until you discover, or should have discovered, that you are physically impaired by an asbestos-related condition | Fla. Stat. § 95.11(5)(a); Fla. Stat. § 95.11(3)(d); Fla. Stat. § 774.206(1) |
| Georgia | 2 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | O.C.G.A. § 9-3-33 |
| Hawaii | 2 years after the cause of action accrued | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | HRS § 657-7 |
| Idaho | 2 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Idaho Code § 5-219(4) |
| Illinois | 2 years after the cause of action accrued | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | 735 ILCS 5/13-202 |
| Indiana | 2 years from the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Ind. Code § 34-11-2-4 |
| Iowa | 2 years after the claim accrues | A 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 known | Iowa Code § 614.1(2); Iowa Code § 614.1(2A)(b) |
| Kansas | 2 years from substantial injury, or from when the injury becomes reasonably ascertainable; no more than 10 years after the act | A 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 apply | K.S.A. 60-513(a)(4); K.S.A. 60-513(b); K.S.A. 60-3303(d) |
| Kentucky | 1 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 accrues | KRS 413.140(1)(a); KRS 304.39-230(6) |
| Louisiana | 2 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 accrues | La. Civ. Code art. 3493.1 (Acts 2024, No. 423) |
| Maine | 6 years after the cause of action accrues | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | 14 M.R.S. § 752 |
| Maryland | 3 years after the claim accrues | A 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 death | Md. Code, Cts. & Jud. Proc. § 5-101; Md. Code, Cts. & Jud. Proc. § 5-113(b); Md. Code, Cts. & Jud. Proc. § 3-904(g)(2) |
| Massachusetts | 3 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Mass. Gen. Laws ch. 260, § 2A |
| Michigan | 3 years after the time of the death or injury; the claim accrues when the wrong was done | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | MCL 600.5805(2) |
| Minnesota | 6 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Minn. Stat. § 541.05, subd. 1(5) |
| Mississippi | 3 years after the cause of action accrued; latent injuries accrue on discovery | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Miss. Code Ann. § 15-1-49(1) |
| Missouri | 5 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | RSMo § 516.120(4) |
| Montana | 3 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Mont. Code Ann. § 27-2-204(1) |
| Nebraska | 4 years after the claim accrues | Only 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 accrues | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 years from the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | NRS 11.190(4)(e) |
| New Hampshire | 3 years from the act or omission, or from when the injury and its cause were (or should have been) discovered | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | RSA 508:4(I) |
| New Jersey | 2 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | N.J.S.A. 2A:14-2(a) |
| New Mexico | 3 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | NMSA 1978, § 37-1-8 |
| New York | 3 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 read | N.Y. CPLR 214(5) |
| North Carolina | 3 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | N.C. Gen. Stat. § 1-52(16) |
| North Dakota | 6 years after the claim for relief has accrued | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | N.D.C.C. § 28-01-16(5) |
| Ohio | 2 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 read | Ohio Rev. Code § 2305.10(A) |
| Oklahoma | 2 years after the cause of action shall have accrued | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | 12 O.S. § 95(A)(3) |
| Oregon | 2 years from the date of injury | Only 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 accrues | ORS 12.110(1) |
| Pennsylvania | 2 years; for asbestos, from the day a licensed physician tells you, or earlier if you knew or should have known | A 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 too | 42 Pa.C.S. § 5524(2); 42 Pa.C.S. § 5524(8) |
| Rhode Island | 3 years from the date of the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | R.I. Gen. Laws § 9-1-14(b) |
| South Carolina | 3 years after you knew or should have known you had a claim | A discovery rule in the statute: 3 years after you knew or by reasonable diligence should have known that you had a cause of action | S.C. Code § 15-3-530(5); S.C. Code § 15-3-535 |
| South Dakota | 3 years after the claim accrues; a product claim: 3 years from when the injury occurred, became known or should have become known | A discovery rule in the statute: for a product claim, 3 years from when the injury became known or should have become known | SDCL § 15-2-14(3); SDCL § 15-2-12.2 |
| Tennessee | 1 year after the cause of action accrued | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Texas | 2 years after the claim accrues | A 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 § 90.003 | Tex. Civ. Prac. & Rem. Code § 16.003(a); Tex. Civ. Prac. & Rem. Code § 16.0031(a); Tex. Civ. Prac. & Rem. Code § 90.003(a)(1) |
| Utah | 2 years for a product claim, from discovering the harm and its cause; 4 years after the injury for other negligence | A discovery rule in the statute: a product claim runs from when you discovered, or should have discovered, both the harm and its cause | Utah Code § 78B-6-706; Utah Code § 78B-2-307(4) |
| Vermont | 3 years after the claim accrues, which for injuries is the date the injury is discovered | A discovery rule in the statute: the claim accrues on the date of the discovery of the injury | 12 V.S.A. § 512(4) |
| Virginia | 2 years after the claim accrues; no action more than 2 years after the death | A rule for asbestos: the claim accrues when a physician first communicates the diagnosis; a later malignant diagnosis is a separate injury | Va. Code § 8.01-243(A); Va. Code § 8.01-249(4) |
| Washington | 3 years after the injury | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | RCW 4.16.080(2) |
| West Virginia | 2 years after the right to bring the action accrued | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | W. Va. Code § 55-2-12(b) |
| Wisconsin | Not checked for this page | Not checked for this page | — |
| Wyoming | 4 years after the cause of action accrues | Only the general rule was read for this page: it counts from the injury or from when the claim accrues | Wyo. Stat. § 1-3-105(a)(iv)(C) |
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
See the table 51 rows
| State | Deadline to sue | When the clock starts | Law |
|---|---|---|---|
| Alabama | 2 years | Only the general rule was read | Ala. Code § 6-2-38(l) |
| Alaska | 2 years | Only the general rule was read | AS 09.10.070(a) |
| Arizona | 2 years | Only the general rule was read | A.R.S. § 12-542(1) |
| Arkansas | 3 years | Only the general rule was read | Ark. Code Ann. § 16-56-105 |
| California | Not checked | Not checked | |
| Colorado | 2 years | Only the general rule was read | C.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I) |
| Connecticut | 3 years | A rule for asbestos | Conn. Gen. Stat. § 52-577a(a) |
| Delaware | 2 years | Only the general rule was read | 10 Del. C. § 8119 |
| District of Columbia | 3 years | Only the general rule was read | D.C. Code § 12-301(a)(8) |
| Florida | 2 years | A rule for asbestos | Fla. Stat. § 95.11(5)(a); Fla. Stat. § 774.206(1) |
| Georgia | 2 years | Only the general rule was read | O.C.G.A. § 9-3-33 |
| Hawaii | 2 years | Only the general rule was read | HRS § 657-7 |
| Idaho | 2 years | Only the general rule was read | Idaho Code § 5-219(4) |
| Illinois | 2 years | Only the general rule was read | 735 ILCS 5/13-202 |
| Indiana | 2 years | Only the general rule was read | Ind. Code § 34-11-2-4 |
| Iowa | 2 years | A rule for a latent or job disease | Iowa Code § 614.1(2); Iowa Code § 614.1(2A)(b) |
| Kansas | 2 years | A rule for a latent or job disease | K.S.A. 60-513(a)(4); K.S.A. 60-3303(d) |
| Kentucky | 1 year | Only the general rule was read | KRS 413.140(1)(a); KRS 304.39-230(6) |
| Louisiana | 2 years | Only the general rule was read | La. Civ. Code art. 3493.1 (Acts 2024, No. 423) |
| Maine | 6 years | Only the general rule was read | 14 M.R.S. § 752 |
| Maryland | 3 years | A rule for a latent or job disease | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 years | Only the general rule was read | Mass. Gen. Laws ch. 260, § 2A |
| Michigan | 3 years | Only the general rule was read | MCL 600.5805(2) |
| Minnesota | 6 years | Only the general rule was read | Minn. Stat. § 541.05, subd. 1(5) |
| Mississippi | 3 years | Only the general rule was read | Miss. Code Ann. § 15-1-49(1) |
| Missouri | 5 years | Only the general rule was read | RSMo § 516.120(4) |
| Montana | 3 years | Only the general rule was read | Mont. Code Ann. § 27-2-204(1) |
| Nebraska | 4 years | Only the general rule was read | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 years | Only the general rule was read | NRS 11.190(4)(e) |
| New Hampshire | 3 years | Only the general rule was read | RSA 508:4(I) |
| New Jersey | 2 years | Only the general rule was read | N.J.S.A. 2A:14-2(a) |
| New Mexico | 3 years | Only the general rule was read | NMSA 1978, § 37-1-8 |
| New York | Not checked | Not checked | |
| North Carolina | 3 years | Only the general rule was read | N.C. Gen. Stat. § 1-52(16) |
| North Dakota | 6 years | Only the general rule was read | N.D.C.C. § 28-01-16(5) |
| Ohio | Not checked | Not checked | |
| Oklahoma | 2 years | Only the general rule was read | 12 O.S. § 95(A)(3) |
| Oregon | 2 years | Only the general rule was read | ORS 12.110(1) |
| Pennsylvania | 2 years | A rule for asbestos | 42 Pa.C.S. § 5524(8) |
| Rhode Island | 3 years | Only the general rule was read | R.I. Gen. Laws § 9-1-14(b) |
| South Carolina | 3 years | A discovery rule in the statute | S.C. Code § 15-3-535 |
| South Dakota | 3 years | A discovery rule in the statute | SDCL § 15-2-12.2 |
| Tennessee | 1 year | Only the general rule was read | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Texas | 2 years | A rule for asbestos | Tex. Civ. Prac. & Rem. Code § 16.0031(a) |
| Utah | 2 years | A discovery rule in the statute | Utah Code § 78B-6-706 |
| Vermont | 3 years | A discovery rule in the statute | 12 V.S.A. § 512(4) |
| Virginia | 2 years | A rule for asbestos | Va. Code § 8.01-249(4) |
| Washington | 3 years | Only the general rule was read | RCW 4.16.080(2) |
| West Virginia | 2 years | Only the general rule was read | W. Va. Code § 55-2-12(b) |
| Wisconsin | Not checked | Not checked | |
| Wyoming | 4 years | Only the general rule was read | Wyo. 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:
| Source | Who it covers | The first deadline | Law |
|---|---|---|---|
| A lawsuit | A person harmed by asbestos, against the companies that made, sold or installed the products or owned the place; the family after a death | The state deadline above, most often 2 or 3 years | State law (the table above) |
| Asbestos trusts | People with claims against a company that went through a bankruptcy with an asbestos trust | Set by each trust's own procedures | 11 U.S.C. § 524(g) |
| VA disability compensation, and DIC for survivors | Veterans with a condition caused by asbestos contact in service; survivors after a service-connected death | 1 year after an intent to file; 1 year after a decision to ask for a review | 38 C.F.R. § 3.155(b); 38 C.F.R. § 3.2500(a)(1) |
| Federal employees (FECA) | Federal civilian employees with a disease from work | 3 years; for a latent disability, counted from when you knew or should have known of the link to your job | 5 U.S.C. § 8122(a); 5 U.S.C. § 8122(b) |
| The Longshore Act | Dock, shipyard and harbor workers it covers | Written notice within 1 year, and a claim within 2 years, after you knew or should have known of the link | 33 U.S.C. § 912(a); 33 U.S.C. § 913(b)(2) |
| State workers' compensation | Most other employees | Your state's own deadline: see workers' compensation | State law |
| Social Security disability (SSDI) | Workers with enough work credits who cannot work | Apply soon: back pay reaches at most 12 months before the month you apply | 20 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?
What kind of job?
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:
| State | What the plaintiff must disclose, and when | Law |
|---|---|---|
| Arizona | A sworn statement of each claim filed or reasonably expected against an asbestos trust, within 45 days after the defendant's answer is filed | A.R.S. § 12-782(A) |
| Iowa | A sworn statement that all asbestos trust claims were investigated and filed, within 90 days after the asbestos action is filed | Iowa Code § 686A.3(1) |
| Kansas | File 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 discovery | K.S.A. 60-4914(a) |
| North Dakota | A sworn statement that all asbestos trust claims were investigated and filed, within 30 days after the asbestos action is filed | N.D. Cent. Code § 32-46.1-02(1) |
| Oklahoma | A statement of all claims filed or expected against a personal injury trust, within 90 days after the action is filed | Okla. Stat. tit. 76, § 83(A) |
| South Dakota | A sworn statement of any asbestos trust claim filed or that could be filed, not more than 120 days before the trial date | SDCL § 21-66-2 |
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)
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
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
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:
| Where | Cases | The most the lawyer may take | Law |
|---|---|---|---|
| Social Security disability | A fee agreement SSA approves | 25% of past-due benefits or $9,200, whichever is less | POMS GN 03940.003; 90 FR 19241 |
| VA disability | A fee VA pays from past-due benefits | 20% of past-due benefits; no fee before notice of the initial decision; above 33 1/3 percent presumed unreasonable | 38 U.S.C. § 5904(c)(1); 38 U.S.C. § 5904(d)(1); 38 C.F.R. § 14.636(f)(1) |
| The Longshore Act | A successful claim the employer contested | A reasonable fee approved by the deputy commissioner, Board or court, paid by the employer or carrier | 33 U.S.C. § 928(a) |
| FECA | Work before OWCP | The representative must send OWCP a fee application for approval | 20 C.F.R. § 10.703 |
| Oklahoma | Any contingent fee | At most 50% of the net amount recovered | Okla. Stat. tit. 5, § 7 |
| Michigan | Personal injury and wrongful death | At most one-third of the amount recovered, after costs | MCR 8.121(B), (C)(1) |
| Connecticut | Personal injury, wrongful death and property damage | 33⅓% of the first $300,000, then 25%, 20%, 15%, and 10% above $1,200,000 | Conn. 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
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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
| State | Where to check a lawyer's license | Run by |
|---|---|---|
| Alabama | Alabama State Bar member search (alabar.org) | A state bar |
| Alaska | Alaska Bar Association member directory (alaskabar.org) | A state bar |
| Arizona | State Bar of Arizona lawyer search (azbar.org) | A state bar |
| Arkansas | Arkansas Judiciary attorney search | A court or court agency |
| California | State Bar of California attorney search | A state bar |
| Colorado | Colorado Supreme Court attorney search (coloradosupremecourt.com) | A court or court agency |
| Connecticut | Connecticut Judicial Branch attorney and firm inquiry | A court or court agency |
| Delaware | Delaware public attorney search, at the address the ABA lists | Another official site |
| District of Columbia | D.C. Bar member directory (dcbar.org) | A state bar |
| Florida | The Florida Bar member search | A state bar |
| Georgia | State Bar of Georgia member search (gabar.org) | A state bar |
| Hawaii | Hawaii State Bar Association lawyer search (hsba.org) | A state bar |
| Idaho | Idaho State Bar attorney roster | A state bar |
| Illinois | Illinois Attorney Registration and Disciplinary Commission (iardc.org) | A court or court agency |
| Indiana | Indiana Roll of Attorneys | A court or court agency |
| Iowa | Iowa court commissions lawyer search (iacourtcommissions.org) | A court or court agency |
| Kansas | Kansas courts attorney registration directory (kscourts.org) | A court or court agency |
| Kentucky | Kentucky Bar Association member search (kybar.org) | A state bar |
| Louisiana | Louisiana Attorney Disciplinary Board search (ladb.org) | A court or court agency |
| Maine | Maine attorney directory | Another official site |
| Maryland | Maryland Courts attorney search | A court or court agency |
| Massachusetts | Massachusetts Board of Bar Overseers attorney lookup (massbbo.org) | A court or court agency |
| Michigan | State Bar of Michigan member directory (michbar.org) | A state bar |
| Minnesota | Minnesota Lawyer Registration Office public search | A court or court agency |
| Mississippi | The Mississippi Bar lawyer directory (msbar.org) | A state bar |
| Missouri | The Missouri Bar lawyer directory (mobar.org) | A state bar |
| Montana | State Bar of Montana member search (montanabar.org) | A state bar |
| Nebraska | Nebraska lawyer search | Another official site |
| Nevada | State Bar of Nevada lawyer search (nvbar.org) | A state bar |
| New Hampshire | Call the New Hampshire Bar Association at 603-224-6942 | By phone |
| New Jersey | New Jersey Courts attorney search (njcourts.gov) | A court or court agency |
| New Mexico | State Bar of New Mexico (sbnm.org) | A state bar |
| New York | New York State Unified Court System attorney search | A court or court agency |
| North Carolina | North Carolina State Bar license verification | A state bar |
| North Dakota | North Dakota Courts lawyer search | A court or court agency |
| Ohio | Supreme Court of Ohio attorney search | A court or court agency |
| Oklahoma | Oklahoma Bar Association member search (okbar.org) | A state bar |
| Oregon | Oregon State Bar member search (osbar.org) | A state bar |
| Pennsylvania | Disciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org) | A court or court agency |
| Rhode Island | Rhode Island Bar Association member directory (ribar.com) | A state bar |
| South Carolina | South Carolina Judicial Branch attorney search (sccourts.org) | A court or court agency |
| South Dakota | Call the State Bar of South Dakota at 605-224-7554 | By phone |
| Tennessee | Board of Professional Responsibility online attorney directory (tbpr.org) | A court or court agency |
| Texas | State Bar of Texas Find a Lawyer | A state bar |
| Utah | Utah State Bar member directory (utahbar.org) | A state bar |
| Vermont | Vermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org) | A court or court agency |
| Virginia | Virginia State Bar attorney search (vsb.org) | A state bar |
| Washington | Washington State Bar Association lawyer directory (wsba.org) | A state bar |
| West Virginia | West Virginia State Bar member search (wvbar.org) | A state bar |
| Wisconsin | State Bar of Wisconsin lawyer search (wisbar.org) | A state bar |
| Wyoming | Wyoming 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
See the table 51 rows
| State | Who runs the search | The rule | Law |
|---|---|---|---|
| Alabama | A state bar | Alabama State Bar member search (alabar.org) | ABA: Lawyer Licensing |
| Alaska | A state bar | Alaska Bar Association member directory (alaskabar.org) | ABA: Lawyer Licensing |
| Arizona | A state bar | State Bar of Arizona lawyer search (azbar.org) | ABA: Lawyer Licensing |
| Arkansas | A court or court agency | Arkansas Judiciary attorney search (arkansas.gov) | ABA: Lawyer Licensing |
| California | A state bar | State Bar of California attorney search (calbar.ca.gov) | ABA: Lawyer Licensing |
| Colorado | A court or court agency | Colorado Supreme Court attorney search (coloradosupremecourt.com) | ABA: Lawyer Licensing |
| Connecticut | A court or court agency | Connecticut Judicial Branch attorney and firm inquiry (jud.ct.gov) | ABA: Lawyer Licensing |
| Delaware | Another official site | Delaware public attorney search, at the address the ABA lists | ABA: Lawyer Licensing |
| District of Columbia | A state bar | D.C. Bar member directory (dcbar.org) | ABA: Lawyer Licensing |
| Florida | A state bar | The Florida Bar member search (floridabar.org) | ABA: Lawyer Licensing |
| Georgia | A state bar | State Bar of Georgia member search (gabar.org) | ABA: Lawyer Licensing |
| Hawaii | A state bar | Hawaii State Bar Association lawyer search (hsba.org) | ABA: Lawyer Licensing |
| Idaho | A state bar | Idaho State Bar attorney roster (isb.idaho.gov) | ABA: Lawyer Licensing |
| Illinois | A court or court agency | Illinois Attorney Registration and Disciplinary Commission (iardc.org) | ABA: Lawyer Licensing |
| Indiana | A court or court agency | Indiana Roll of Attorneys (in.gov) | ABA: Lawyer Licensing |
| Iowa | A court or court agency | Iowa court commissions lawyer search (iacourtcommissions.org) | ABA: Lawyer Licensing |
| Kansas | A court or court agency | Kansas courts attorney registration directory (kscourts.org) | ABA: Lawyer Licensing |
| Kentucky | A state bar | Kentucky Bar Association member search (kybar.org) | ABA: Lawyer Licensing |
| Louisiana | A court or court agency | Louisiana Attorney Disciplinary Board search (ladb.org) | ABA: Lawyer Licensing |
| Maine | Another official site | Maine attorney directory (maine.gov) | ABA: Lawyer Licensing |
| Maryland | A court or court agency | Maryland Courts attorney search (mdcourts.gov) | ABA: Lawyer Licensing |
| Massachusetts | A court or court agency | Massachusetts Board of Bar Overseers attorney lookup (massbbo.org) | ABA: Lawyer Licensing |
| Michigan | A state bar | State Bar of Michigan member directory (michbar.org) | ABA: Lawyer Licensing |
| Minnesota | A court or court agency | Minnesota Lawyer Registration Office public search (lro.mn.gov) | ABA: Lawyer Licensing |
| Mississippi | A state bar | The Mississippi Bar lawyer directory (msbar.org) | ABA: Lawyer Licensing |
| Missouri | A state bar | The Missouri Bar lawyer directory (mobar.org) | ABA: Lawyer Licensing |
| Montana | A state bar | State Bar of Montana member search (montanabar.org) | ABA: Lawyer Licensing |
| Nebraska | Another official site | Nebraska lawyer search (ne.gov) | ABA: Lawyer Licensing |
| Nevada | A state bar | State Bar of Nevada lawyer search (nvbar.org) | ABA: Lawyer Licensing |
| New Hampshire | By phone | Call the New Hampshire Bar Association at 603-224-6942 | ABA: Lawyer Licensing |
| New Jersey | A court or court agency | New Jersey Courts attorney search (njcourts.gov) | ABA: Lawyer Licensing |
| New Mexico | A state bar | State Bar of New Mexico (sbnm.org) | ABA: Lawyer Licensing |
| New York | A court or court agency | New York State Unified Court System attorney search (courts.state.ny.us) | ABA: Lawyer Licensing |
| North Carolina | A state bar | North Carolina State Bar license verification (ncbar.gov) | ABA: Lawyer Licensing |
| North Dakota | A court or court agency | North Dakota Courts lawyer search (ndcourts.gov) | ABA: Lawyer Licensing |
| Ohio | A court or court agency | Supreme Court of Ohio attorney search (supremecourt.ohio.gov) | ABA: Lawyer Licensing |
| Oklahoma | A state bar | Oklahoma Bar Association member search (okbar.org) | ABA: Lawyer Licensing |
| Oregon | A state bar | Oregon State Bar member search (osbar.org) | ABA: Lawyer Licensing |
| Pennsylvania | A court or court agency | Disciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org) | ABA: Lawyer Licensing |
| Rhode Island | A state bar | Rhode Island Bar Association member directory (ribar.com) | ABA: Lawyer Licensing |
| South Carolina | A court or court agency | South Carolina Judicial Branch attorney search (sccourts.org) | ABA: Lawyer Licensing |
| South Dakota | By phone | Call the State Bar of South Dakota at 605-224-7554 | ABA: Lawyer Licensing |
| Tennessee | A court or court agency | Board of Professional Responsibility online attorney directory (tbpr.org) | ABA: Lawyer Licensing |
| Texas | A state bar | State Bar of Texas Find a Lawyer (texasbar.com) | ABA: Lawyer Licensing |
| Utah | A state bar | Utah State Bar member directory (utahbar.org) | ABA: Lawyer Licensing |
| Vermont | A court or court agency | Vermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org) | ABA: Lawyer Licensing |
| Virginia | A state bar | Virginia State Bar attorney search (vsb.org) | ABA: Lawyer Licensing |
| Washington | A state bar | Washington State Bar Association lawyer directory (wsba.org) | ABA: Lawyer Licensing |
| West Virginia | A state bar | West Virginia State Bar member search (wvbar.org) | ABA: Lawyer Licensing |
| Wisconsin | A state bar | State Bar of Wisconsin lawyer search (wisbar.org) | ABA: Lawyer Licensing |
| Wyoming | A state bar | Wyoming 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 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
- National Cancer Institute: Mesothelioma (the thin tissue that lines the lung, chest wall and abdomen; asbestos the major risk factor) cancer.gov
- National Cancer Institute: Asbestos exposure and cancer risk fact sheet (most mesotheliomas are due to asbestos exposure) cancer.gov
- CDC, MMWR 66(8), 2017: Malignant mesothelioma mortality, United States, 1999-2015 (latency 20 to 71 years; 45,221 deaths) cdc.gov
- U.S. Department of Veterans Affairs, Public Health: Asbestos (occupations; symptoms 20 to 50 years after exposure) publichealth.va.gov
- OSHA, 29 C.F.R. § 1910.1001: asbestos standard ((c) permissible exposure limits; (m) recordkeeping) osha.gov
- OSHA, 29 C.F.R. § 1926.1101: asbestos in construction ((c) permissible exposure limits) osha.gov
- 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
- EPA: Risk management for asbestos, part 1: chrysotile asbestos (the March 2024 ban of ongoing uses) epa.gov
- 11 U.S.C. § 524(g): asbestos trusts and injunctions in a Chapter 11 reorganization govinfo.gov
- Oklahoma Statutes, title 76 (§§ 81 to 89: Personal Injury Trust Fund Transparency Act) (PDF) oklegislature.gov
- A.R.S. § 12-782: asbestos exposure claims, trust claim disclosures azleg.gov
- Iowa Code chapter 686A: Asbestos Bankruptcy Trust Claims Transparency Act (PDF) legis.iowa.gov
- K.S.A. 60-4914: duties of the plaintiff (asbestos trust claims) ksrevisor.gov
- N.D. Cent. Code chapter 32-46.1: asbestos bankruptcy trust transparency (PDF) ndlegis.gov
- SDCL § 21-66-2: sworn statement identifying asbestos trust claims sdlegislature.gov
- VA: Veterans asbestos exposure (eligibility for disability compensation; jobs and products) va.gov
- VA: Dependency and Indemnity Compensation (DIC) for survivors va.gov
- VA: Your intent to file a VA claim (1 year to file) va.gov
- VA: Higher-Level Review (within 1 year of the decision) va.gov
- VA: Board Appeal (within 1 year of the decision) va.gov
- 38 C.F.R. § 3.155 (2025 edition): intent to file a claim, 1 year govinfo.gov
- 38 C.F.R. § 3.400 (2025 edition): effective dates ((c)(2) service-connected death, claim within 1 year) govinfo.gov
- 38 C.F.R. § 3.2500 (2025 edition): review of decisions (1 year; supplemental claim at any time) govinfo.gov
- 38 C.F.R. § 14.636 (2025 edition): payment of fees for representation (20 percent and 33 1/3 percent presumptions) govinfo.gov
- 38 U.S.C. § 5904: recognition of agents and attorneys; fees ((c)(1) no fee before the initial decision; (d) 20 percent) govinfo.gov
- 5 U.S.C. § 8122: FECA, time for making a claim (3 years; latent disability) govinfo.gov
- 20 C.F.R. § 10.703 (2025 edition): FECA fee applications approved by OWCP govinfo.gov
- 33 U.S.C. § 905: Longshore Act, exclusiveness of the employer's liability govinfo.gov
- 33 U.S.C. § 912: Longshore Act, notice of injury or death (occupational disease, 1 year) govinfo.gov
- 33 U.S.C. § 913: Longshore Act, filing of claims (occupational disease, 2 years) govinfo.gov
- 33 U.S.C. § 928: Longshore Act, attorney fees approved govinfo.gov
- 33 U.S.C. § 933: Longshore Act, claims against third persons govinfo.gov
- Social Security Administration: Compassionate Allowances ssa.gov
- Social Security Administration: Compassionate Allowances conditions (pleural, peritoneal, pericardial, desmoplastic and sarcomatoid mesothelioma) ssa.gov
- 42 Pa.C.S. § 5524: two-year limitation ((8) asbestos, from the physician's diagnosis or knowledge) (PDF) palegis.us
- Va. Code § 8.01-249(4): accrual of asbestos claims (diagnosis first communicated; 2 years after the death) law.lis.virginia.gov
- Va. Code § 8.01-243(A): two years for personal injury law.lis.virginia.gov
- Texas Civil Practice and Remedies Code, chapter 16 (§ 16.003: 2 years; § 16.0031: asbestos accrual) legis.texas.gov
- Texas Civil Practice and Remedies Code, chapter 90 (§ 90.003: physician's report for mesothelioma) legis.texas.gov
- Florida Statutes § 774.206 (2026): statute of limitations for asbestos claims; two-disease rule flsenate.gov
- Florida Statutes § 95.11 (2026): (3)(d) product claims, 4 years; (5)(a) negligence, 2 years flsenate.gov
- Connecticut General Statutes, chapter 926 (§ 52-577a: product liability, 3 years; asbestos, 80 years; § 52-584) cga.ct.gov
- K.S.A. 60-513: two years; accrual on substantial injury or when reasonably ascertainable; 10 years ksrevisor.gov
- K.S.A. 60-3303(d): latent disease from a harmful material, asbestos included ksrevisor.gov
- Iowa Code § 614.1: (2) two years; (2A)(b) latent disease from a harmful material (PDF) legis.iowa.gov
- Md. Code, Courts and Judicial Proceedings § 5-101: three years mgaleg.maryland.gov
- Md. Code, Courts and Judicial Proceedings § 5-113: occupational disease, 3 years from discovery, 10 years from the death mgaleg.maryland.gov
- S.C. Code, title 15, chapter 3 (§ 15-3-535: 3 years from when you knew or should have known) scstatehouse.gov
- SDCL § 15-2-12.2: product liability, 3 years from when the injury became known sdlegislature.gov
- 12 V.S.A. § 512(4): personal injury, accrual on discovery legislature.vermont.gov
- Utah Code § 78B-6-706: Utah Product Liability Act, 2 years from discovery of the harm and its cause le.utah.gov
- Md. Code, Courts and Judicial Proceedings § 3-904: beneficiaries, damages, 3 years mgaleg.maryland.gov
- Alabama: Ala. Code § 6-2-38(l), deadline to sue for a personal injury govinfo.gov
- Alaska: AS 09.10.070(a), deadline to sue for a personal injury akleg.gov
- Arizona: A.R.S. § 12-542(1), deadline to sue for a personal injury azleg.gov
- Arkansas: Ark. Code Ann. § 16-56-105, deadline to sue for a personal injury govinfo.gov
- California: Cal. Code Civ. Proc. § 335.1, deadline to sue for a personal injury selfhelp.courts.ca.gov
- Colorado: C.R.S. § 13-80-102(1)(a); § 13-80-101(1)(n)(I), deadline to sue for a personal injury coloradojudicial.gov
- Delaware: 10 Del. C. § 8119, deadline to sue for a personal injury delcode.delaware.gov
- District of Columbia: D.C. Code § 12-301(a)(8), deadline to sue for a personal injury code.dccouncil.gov
- Georgia: O.C.G.A. § 9-3-33, deadline to sue for a personal injury govinfo.gov
- Hawaii: HRS § 657-7, deadline to sue for a personal injury courts.state.hi.us
- Idaho: Idaho Code § 5-219(4), deadline to sue for a personal injury govinfo.gov
- Illinois: 735 ILCS 5/13-202, deadline to sue for a personal injury govinfo.gov
- Indiana: Ind. Code § 34-11-2-4, deadline to sue for a personal injury in.gov
- Kentucky: KRS 413.140(1)(a); KRS 304.39-230(6), deadline to sue for a personal injury apps.legislature.ky.gov
- Louisiana: La. Civ. Code art. 3493.1 (Acts 2024, No. 423), deadline to sue for a personal injury legis.la.gov
- Maine: 14 M.R.S. § 752, deadline to sue for a personal injury legislature.maine.gov
- Massachusetts: Mass. Gen. Laws ch. 260, § 2A, deadline to sue for a personal injury govinfo.gov
- Michigan: MCL 600.5805(2), deadline to sue for a personal injury govinfo.gov
- Minnesota: Minn. Stat. § 541.05, subd. 1(5), deadline to sue for a personal injury revisor.mn.gov
- Mississippi: Miss. Code Ann. § 15-1-49(1), deadline to sue for a personal injury courts.ms.gov
- Missouri: RSMo § 516.120(4), deadline to sue for a personal injury revisor.mo.gov
- Montana: Mont. Code Ann. § 27-2-204(1), deadline to sue for a personal injury mca.legmt.gov
- Nebraska: Neb. Rev. Stat. § 25-207, deadline to sue for a personal injury nebraska.gov
- Nevada: NRS 11.190(4)(e), deadline to sue for a personal injury nvcourts.gov
- New Hampshire: RSA 508:4(I), deadline to sue for a personal injury nhb.uscourts.gov
- New Jersey: N.J.S.A. 2A:14-2(a), deadline to sue for a personal injury govinfo.gov
- New Mexico: NMSA 1978, § 37-1-8, deadline to sue for a personal injury nmonesource.com
- New York: N.Y. CPLR 214(5), deadline to sue for a personal injury nysenate.gov
- North Carolina: N.C. Gen. Stat. § 1-52(16), deadline to sue for a personal injury govinfo.gov
- North Dakota: N.D.C.C. § 28-01-16(5), deadline to sue for a personal injury ndlegis.gov
- Ohio: Ohio Rev. Code § 2305.10(A), deadline to sue for a personal injury govinfo.gov
- Oklahoma: 12 O.S. § 95(A)(3), deadline to sue for a personal injury oklegislature.gov
- Oregon: ORS 12.110(1), deadline to sue for a personal injury govinfo.gov
- Rhode Island: R.I. Gen. Laws § 9-1-14(b), deadline to sue for a personal injury govinfo.gov
- Tennessee: Tenn. Code Ann. § 28-3-104(a)(1)(A), deadline to sue for a personal injury govinfo.gov
- Washington: RCW 4.16.080(2), deadline to sue for a personal injury courts.wa.gov
- West Virginia: W. Va. Code § 55-2-12(b), deadline to sue for a personal injury ca4.uscourts.gov
- Wyoming: Wyo. Stat. § 1-3-105(a)(iv)(C), deadline to sue for a personal injury wyoleg.gov
- South Dakota: SDCL § 15-2-14(3), deadline to sue for a personal injury sdlegislature.gov
- Utah: Utah Code § 78B-2-307(4) (numbered (3) before the 2023 amendment), deadline to sue for a personal injury le.utah.gov
- Connecticut: Conn. Gen. Stat. § 52-251c(b), (c), (e), (f), limit on contingency fees cga.ct.gov
- Oklahoma: Okla. Stat. tit. 5, § 7, limit on contingency fees oklegislature.gov
- Michigan Court Rules, MCR 8.121: contingent fees in personal injury cases (one-third) courts.michigan.gov
- 26 U.S.C. § 104(a)(2): damages for personal physical injuries are not income govinfo.gov
- IRS Publication 4345: Settlements, taxability irs.gov
- 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
- 20 C.F.R. § 404.316: when disability benefits begin and end (conversion at full retirement age) ecfr.gov
- 20 C.F.R. § 404.408: reduction of disability benefits for workers’ compensation and certain public disability benefits ecfr.gov
- 20 C.F.R. § 404.621: benefits for up to 12 months before the month of application ecfr.gov
- 42 C.F.R. § 406.12: Medicare hospital insurance from the 25th month of disability benefits ecfr.gov
- SSA POMS GN 03940.003: Fee agreement evaluation ssa.gov
- Federal Register, May 6, 2025 (90 FR 19241): Maximum dollar limit in the fee agreement process govinfo.gov
- ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
- ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
- State Bar of Texas: Lawyer Referral & Information Service texasbar.com
- The Florida Bar: Lawyer Referral Service floridabar.org
- New York State Bar Association: Lawyer Referral Service nysba.org
- State Bar of California: certified lawyer referral services calbar.ca.gov
- American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
- Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
- California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
- Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
- Florida: The Florida Bar member search, as the ABA lists it floridabar.org
- Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
- Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
- Maine: Maine attorney directory, as the ABA lists it maine.gov
- Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
- Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
- Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
- New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
- North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
- North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
- Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
- Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com
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This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.