Asbestos Exposure & Your Rights: Filing a Mesothelioma Claim

By David M. Schloss
Attorney

Asbestos exposure is a serious health threat that has affected countless workers across various industries. For decades, asbestos was used in construction, manufacturing, shipbuilding, and other industrial environments because of its resistance to heat and corrosion. However, we now know that exposure to asbestos fibers can lead to life-threatening diseases, most notably, mesothelioma, a rare and aggressive form of cancer.

If you or a loved one has been exposed to asbestos, it’s critical to understand the risks involved and your legal rights. This article breaks down how asbestos exposure happens, the impact of mesothelioma, and what steps you can take to file a claim and pursue justice with a mesothelioma attorney.

Understanding Asbestos Exposure

Asbestos exposure occurs when microscopic asbestos fibers are released into the air and inhaled. These fibers can lodge in the lungs or abdomen and remain there for years, eventually causing inflammation, scarring, and serious illness.

Common ways someone may be exposed to asbestos include:

  • Working in environments where asbestos-containing materials are disturbed (e.g., construction, demolition, shipyards)
  • Handling old insulation, tiles, or pipe coverings
  • Living in buildings with deteriorating asbestos-containing materials

Industries with higher risks include:

  • Construction and demolition
  • Shipbuilding
  • Automotive manufacturing and repair (especially brake and clutch work)
  • Military service (particularly Navy veterans)
  • Industrial plants and power facilities

According to data cited by Asbestos.com, even short-term exposure can carry health risks, especially when repeated over time. Many people diagnosed with mesothelioma decades later were only briefly exposed but in high-risk environments.

The Impact of Mesothelioma

Mesothelioma is a rare and aggressive form of cancer that primarily affects the lining of the lungs (pleural mesothelioma), but it can also develop in the abdomen or heart. It is almost exclusively caused by asbestos exposure.

Common symptoms include:

  • Persistent cough or chest pain
  • Shortness of breath
  • Fatigue
  • Unexplained weight loss
  • Fluid buildup around the lungs or abdomen

Mesothelioma has a devastating impact on individuals and their families. Because symptoms often don’t appear until decades after exposure, the disease is usually diagnosed at an advanced stage—making treatment difficult and prognosis poor. The CDC reports that thousands of new mesothelioma cases are still diagnosed each year, with most linked to workplace exposure from decades ago.

Your Legal Rights After Asbestos Exposure

If you’ve been exposed to asbestos at work, you have rights—whether the exposure happened recently or decades ago. Employers have a legal duty to provide a safe working environment, and failing to warn or protect workers from asbestos risks can constitute negligence.

Your rights may include:

  • Filing a workers’ compensation claim
  • Pursuing a personal injury or wrongful death lawsuit
  • Seeking compensation through asbestos trust funds (established by bankrupt companies that used asbestos)

To protect your legal rights, it’s important to document:

  • Work history (dates and companies where exposure likely occurred)
  • Medical records confirming a mesothelioma diagnosis
  • Witness statements or co-worker testimony
  • OSHA violations or lack of safety measures at the workplace

How to File a Mesothelioma Claim

If you or a loved one has been diagnosed with mesothelioma after asbestos exposure, here’s a general guideline of the steps to take:

  1. Consult an Attorney
    Speak with a qualified personal injury or mesothelioma attorney who understands asbestos litigation. Time limits (statutes of limitations) apply to these cases, so don’t delay.
  2. Gather Documentation
    Collect medical records, pathology reports, employment history, and any evidence of asbestos exposure.
  3. Identify Responsible Parties
    Your legal team will help identify the companies or manufacturers responsible for your exposure—whether they’re still in business or have established an asbestos trust fund.
  4. File a Claim or Lawsuit
    Depending on your situation, this may include filing a personal injury lawsuit, a wrongful death suit on behalf of a deceased loved one, or applying for compensation from a trust fund.
  5. Participate in the Process
    Most mesothelioma claims are settled out of court, but you may need to provide testimony or additional documentation.

Contact Us for a Free Mesothelioma Consultation

If you or someone you love has been diagnosed with mesothelioma due to asbestos exposure, you deserve answers—and justice. The experienced legal team at Koonz McKenney Johnson & DePaolis LLP is here to help. We offer free consultations to review your case, explain your options, and fight for the compensation you’re owed.

Contact us today to schedule your consultation and take the first step toward holding the responsible parties accountable.

About the Author
David M. Schloss is an injury attorney and partner in the law firm of Koonz McKenney Johnson & DePaolis LLP. He joined the law firm in 1987 and has earned a reputation as one of the leading personal injury and workers’ compensation attorneys in the District of Columbia.