Call Us :216-575-0777
Call Us :216-575-0777
A mesothelioma diagnosis can raise immediate concerns about treatment, income, medical expenses, and what your family will face in the years ahead.
When asbestos exposure may have caused the disease, identifying where that exposure occurred and which companies may be responsible can become an important part of protecting your legal options.
Kelley Ferraro, LLC, represents people diagnosed with mesothelioma and other asbestos-related diseases. We can review your medical history, employment background, and known exposure sites to determine what legal claims may be available.
Mesothelioma is rare. The CDC reported 2,669 diagnoses in the United States in 2022, while the American Cancer Society reports that about 3,000 new cases are diagnosed each year. Most mesothelioma cases are associated with asbestos exposure.
Your options may include a personal injury lawsuit, a wrongful death claim, asbestos bankruptcy trust claims, workers’ compensation, or VA benefits. Which avenues apply will depend on the facts surrounding the illness and exposure history.
You do not need to determine which claims apply before contacting us. We can review the circumstances of your diagnosis and explain the potential legal paths available to you.
Call US 216-575-0777
Mesothelioma may not appear until decades after a person encounters asbestos. Medical reports connecting asbestos dust with lung disease date back to the early 1900s, yet exposure continued in many workplaces and industries.
The CDC reports that the period between initial asbestos exposure and illness is usually 20 to 40 years. That long delay can make it difficult to remember the products, employers, jobsites, or other circumstances that contributed to an exposure.
A diagnosis changes the timeline. North Carolina law places deadlines on legal claims, so identifying potential exposure sources and understanding your filing options can be important after a diagnosis.
For information about symptoms and medical concerns, see our page on the clinical signs of mesothelioma. You should also tell your doctor about any known history of asbestos exposure.
North Carolina imposes statutes of limitations on civil lawsuits. For most personal injury claims, G.S. 1-52 provides a three-year limitation period.
In a disease case such as mesothelioma, the relevant period is not ordinarily measured from the date of the original asbestos exposure. It generally begins when the injury becomes apparent, or should have become apparent, to the person bringing the claim.
Wrongful death claims have a different deadline. G.S. 1-53(4) provides a two-year period from the date of death, and the personal representative of the estate brings the claim under G.S. 28A-18-2.
Other legal rules may affect the deadline in a particular case. A review of the facts is important before assuming that a standard filing period applies.
Some companies responsible for asbestos products filed for bankruptcy and established trusts to compensate people injured by asbestos exposure.
North Carolina also has disclosure requirements involving asbestos trust claims.
Under Rule 26(b)(2a) of the North Carolina Rules of Civil Procedure, a plaintiff in an asbestos injury lawsuit must provide a sworn statement within 30 days after filing. The statement must address the investigation of available trust claims and whether those claims were filed.
The plaintiff must also disclose trust claims and materials submitted to the trusts.
We examine potential trust claims as part of evaluating an asbestos case. Depending on the exposure history, more than one source of compensation may need to be considered.
The damages available in an asbestos case depend on the facts, the type of claim, and the evidence supporting it.
A personal injury lawsuit may seek compensation for losses such as:
A wrongful death claim may involve damages identified under G.S. 28A-18-2(b), including medical expenses and the pain and suffering of the person who died.
There is no fixed amount for a mesothelioma claim, and past results do not establish what another case will recover.
The first stage is understanding what happened before the diagnosis.
We can begin by reviewing your medical records and work history at no charge. From there, we may investigate the products, employers, jobsites, and companies connected to your asbestos exposure.
A case may involve a lawsuit, asbestos trust claims, or both. If litigation moves forward, the matter may resolve through a settlement or proceed to trial.
You can learn more about the stages involved on our page about the legal process.
Tracing exposure often starts with a person’s employment and living history. Older records, job histories, and information about particular North Carolina worksites may help identify products or companies associated with asbestos.
Exposure did not always happen through direct handling of asbestos. Some people developed asbestos-related diseases after secondhand exposure when fibers were carried home on a family member’s clothing or hair. Research has identified mesothelioma among family members of asbestos workers.
Potential exposure sites in North Carolina may include:
People may have encountered asbestos in communities such as Eden, High Point, Thomasville, Hickory, Statesville, Wilmington, Charlotte, and other areas throughout the state.
Military service can also be relevant. A person who was deployed overseas from a North Carolina military base may have encountered asbestos during military work or at other locations.
Shipbuilding is one area worth examining in a North Carolina exposure history. The North Carolina Shipbuilding Company in Wilmington built 243 vessels between 1941 and 1946.
The VA identifies shipyards, construction, demolition, insulation work, pipe work, and work involving brake linings among occupations and activities that can involve asbestos exposure.
If your employment included this type of work, those details may help establish where and how exposure occurred.
Workers’ compensation may provide another potential source of benefits when an asbestos-related disease is connected to employment.
North Carolina’s Workers’ Compensation Act identifies asbestosis as an occupational disease under G.S. 97-53. Other asbestos-related diseases may qualify when the evidence connects the condition to employment.
The North Carolina Industrial Commission provides a claim form for lung diseases, including asbestosis.
A workers’ compensation claim does not automatically determine whether you may also have claims against companies that manufactured or sold asbestos-containing products. Whether multiple claims are available depends on the circumstances of the case.
Military service may create another avenue for compensation.
The VA states that veterans may qualify for disability compensation when a health condition was caused by asbestos exposure during service. Medical evidence, service records, and a medical opinion connecting the condition to service can be important to the claim.
A VA benefits claim is separate from a civil lawsuit. When both may apply, understanding how the claims interact can help you make informed decisions about your options.
Legal decisions should not interfere with getting appropriate medical care. Your doctor can help determine where treatment is most appropriate for your diagnosis.
North Carolina has three NCI-designated cancer centers:
The National Cancer Institute maintains information about NCI-designated cancer centers.
Our attorneys do not provide medical advice. Your healthcare team should guide decisions about diagnosis and treatment.
For additional information about asbestos, mesothelioma, and available resources, visit:
Kelley Ferraro, LLC accepts mesothelioma cases in North Carolina and nationwide. Our attorneys have recovered more than $1 billion for asbestos and mesothelioma clients throughout the United States. Past results do not guarantee a similar outcome in another case.
Kelley Ferraro was founded in 1997. In July 2021, a jury returned a $10,657,189 verdict for the widow of a mechanic who developed mesothelioma after asbestos exposure from brakes. Equity Partners James L. Ferraro and John Martin Murphy oversaw the trial team, with Shawn M. Acton serving as lead counsel.
For a personal injury claim, North Carolina generally provides a three-year limitation period under G.S. 1-52, measured from when the injury becomes apparent under the applicable legal rules. A wrongful death claim has a two-year period from the date of death. Other rules may affect the deadline in a particular case.
The personal representative of the estate brings a wrongful death claim under G.S. 28A-18-2. The applicable deadline is two years from the date of death.
Possibly. Kelley Ferraro accepts mesothelioma cases nationwide. We can review your exposure history and determine where your potential claims may be pursued.
Yes, a claim may still be possible. Some people were exposed secondhand when asbestos fibers were carried home on a family member’s clothing or hair. The circumstances of the exposure need to be evaluated individually.
Asbestos bankruptcy trusts were established by certain companies that filed for bankruptcy after facing asbestos-related liabilities. The trusts can provide compensation to people who meet their requirements. North Carolina also has disclosure rules concerning trust claims in asbestos lawsuits.
Asbestosis is listed as an occupational disease under G.S. 97-53. Other asbestos-related conditions may qualify when they are connected to employment. Workers’ compensation claims are handled through the North Carolina Industrial Commission.
Veterans may qualify for VA disability compensation when asbestos exposure during military service caused their illness. A VA claim is separate from a civil lawsuit.
You may be able to pursue claims involving multiple companies when the evidence shows exposure to asbestos from more than one source. Reviewing your work history and exposure history can help identify potential defendants.
Work records, employment history, union records, coworker statements, medical records, and information about particular products or jobsites may help establish an exposure history.
No. Kelley Ferraro offers initial phone or in-person consultations. You can discuss your circumstances without first traveling to the firm’s Cleveland office.
Start documenting your work and living history, gather relevant medical records, and preserve information about possible asbestos exposure. You can also review our guide on what to do after a mesothelioma diagnosis.
No. Mesothelioma is a cancer affecting the tissue lining certain internal organs. Asbestosis is a different disease involving lung scarring caused by asbestos exposure.
A mesothelioma diagnosis can leave you with medical decisions and legal questions at the same time. Our mesothelioma attorneys can review your exposure history, explain the claims that may be available, and help you understand the next legal steps.
Kelley Ferraro represents mesothelioma victims in North Carolina and other states, including:
We offer free initial phone or in-person consultations to mesothelioma victims in North Carolina and nationwide. Contact us to discuss your situation.
Every case is different, and the outcome depends on the facts and applicable law.
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