Mesothelioma, a life-threatening cancer caused by exposure to asbestos fibers, is a heartbreaking condition for a patient and his family. Because most mesothelioma victims suffered exposure to the hazardous substance while working, they may have a legal right to file a lawsuit against a former employer. If a mesothelioma diagnosis occurs in your family, consider your legal options.

In 1959, the first verifiable link between asbestos exposure and malignant mesothelioma was made after the results of a study on South African workers with a high exposure rate to asbestos fibers. Although American workers were already suffering from this cancer as a result of exposure, the connection between asbestos and mesothelioma evaded researchers due to a high rate of cigarette smoking and the misdiagnosis of lung cancer during this time.

In order to file a mesothelioma lawsuit, a patient or his family must establish a solid link to former workplace exposure. Since a victim of mesothelioma may not experience physical symptoms for decades, it may be difficult to prove a workplace relationship. Old pay stubs, W-2 forms and other records are desirable. In the absence of these, a victim may be successful in a lawsuit if former workers can verify his employment.

States differ in their regulations for filing a mesothelioma lawsuit but generally, a victim has 2 years from the date of diagnosis to file. The sooner you file a suit, the better. Check with a mesothelioma attorney in your state to determine the time limit statute for filing (see Resources below).

A diagnosis of mesothelioma occurs when the mesothelium is involved. The mesothelium is the lining in the abdomen that surrounds vital internal organs, such as the heart, lungs, spleen, stomach and kidneys. There is no other known cause of cancer of the mesothelium. In addition, three times as many males develop mesothelioma as do females. This is due to the male-dominated workforce during the decades when asbestos fibers were common in the manufacture of construction materials.

Medical treatment for mesothelioma and the subsequent loss of income can burden the family of a victim. Since some cases involve manufacturers that were aware of the risks of exposure to asbestos fibers, willful neglect and endangerment may be a legal issue. In a few cases, the surviving spouse of a mesothelioma victim may file a suit and receive compensation. Contact a mesothelioma attorney for specific details about your situation (see Resources below).