Do I Have a Case? Understanding Your Legal Rights After Asbestos Exposure

Tell Us Your Story

Posted on Friday, November 14th, 2025 at 5:34 pm    

Edited by Lawrence K. Holcomb

If you or someone you love has been diagnosed with mesothelioma or lung cancer after being exposed to asbestos, you may be wondering whether you have a legal case. This question often comes up at a difficult time—after a frightening diagnosis, while medical bills pile up, and as families try to make sense of what happened.  

At Wallace Miller, we understand both the legal and emotional sides of these cases. We’ll walk you through what it means to have a valid asbestos case, who may be responsible, and how the legal process works.  

What it means to have a case

If you have a case, it means that the law may recognize someone else’s responsibility for your injury or illness. In asbestos litigation, this often means that companies like manufacturers, property owners, or employers failed to protect employees and consumers from asbestos exposure even after they knew it was dangerous.  

To bring a successful asbestos case, lawyers typically look for three key elements:  

  1. Evidence of exposure. Proof that you were exposed to asbestos, even decades ago.  
  2. Causation. Medical evidence linking that asbestos exposure to your disease.  
  3. Liability. Identification of the company or companies responsible for allowing or causing the exposure.  

You don’t need to have all the answers to bring a lawsuit. Our team will investigate your work history, military service, and environmental background to help uncover where, when, and how you were exposed. 

Who can file an asbestos case?

Asbestos-related diseases often don’t appear until 20 to 50 years after exposure. This long latency period means that many people are retired by the time they realize what caused their illness.  

You may have an asbestos exposure case if:  

  • You worked in construction, shipbuilding, steel mills, power plants, manufacturing plants, mechanic shops, or other trades, or used talcum powders.  
  • You handled insulation, floor tiles, brake pads, or other asbestos-containing materials.  
  • You lived with someone who worked with asbestos and may have brought asbestos dust home on their clothing.  
  • You spent time in older buildings that contained asbestos insulation or materials.  

Family members of people who passed away from asbestos exposure can also file wrongful death claims or survival actions, which seek compensation on behalf of loved ones.   

How we prove asbestos exposure

One of the first steps Wallace Miller takes in an asbestos lawsuit is gathering a detailed exposure history. We start by sitting down with you and reviewing where you lived and worked.  

We may also look at:  

  • Employment and union records  
  • Co-worker interviews  
  • Product identification evidence (such as equipment or brand names)  
  • Military service records  
  • Testimony from industrial experts 

Our team has access to decades of internal company documents that show which products contained asbestos, where they were sold, and who was exposed.

The role of medical records in an asbestos lawsuit

After confirming exposure, we connect that history to your diagnosis. Mesothelioma and asbestos-related lung cancer both primarily develop through exposure to asbestos fibers.  

Medical records, pathology reports, and imaging studies form the backbone of the link between diagnosis and exposure. We work with nationally recognized specialists in occupational medicine and pathology who can testify about how asbestos exposure caused your disease.  

Even if you smoked cigarettes, you may still have a valid claim. Smoking alone does not cause mesothelioma, and asbestos exposure greatly increases the risk of developing lung cancer.  

Who can be held liable in an asbestos litigation

One reason asbestos litigation is complex is that many different companies can share responsibility for the same exposure.  

The companies responsible for asbestos exposure may include:  

  • Manufacturers and distributors of asbestos-containing products  
  • Employers who failed to warn or protect workers  
  • Property owners who allowed asbestos hazards on their premises  
  • Contractors who disturbed asbestos without safety precautions  

In some cases, companies responsible for asbestos exposure have since gone bankrupt. To ensure plaintiffs still receive compensation, courts in many states have created asbestos bankruptcy trusts that can provide compensation to qualified individuals. There are currently more than 60 active asbestos trusts with billions of dollars available for claimants.  

Types of compensation in an asbestos lawsuit

If you have a valid asbestos case, you may be entitled to recover compensation for:  

  • Past and future medical expenses  
  • Lost wages and loss of earning capacity  
  • Pain and suffering  
  • Loss of companionship or consortium  
  • Funeral and burial costs in wrongful death cases  

Each asbestos case is unique. The total amount of compensation available depends on factors such as the severity of illness, the number of defendants, and the evidence available.  

How long you have to file

Every state sets a time limit on lawsuits called the statute of limitations, which determines how long you have to file a case after your asbestos diagnosis (or after a loved one has passed away, in a wrongful death case).Because asbestos-related diseases take so long to develop, this period usually starts when the illness is discovered, not when exposure occurred, which gives potential plaintiffs more time to file a lawsuit. However, waiting too long can mean losing the right to file altogether. That’s why it’s critical to speak with a lawyer as soon as possible after you are diagnosed with mesothelioma or asbestos-related lung cancer.  

What happens when you contact Wallace Miller

At Wallace Miller, we handle every step of the legal process for our clients:  

  1. Free consultation: We listen to your story and review your medical records.  
  2. Investigation: Our team identifies the likely sources of asbestos exposure.  
  3. Filing claims: We file lawsuits or trust fund claims on your behalf.  
  4. Resolution: Most cases settle out of court, but we are always prepared to go to trial if necessary.  

We understand that clients facing serious illness need compassion, not complexity. We handle the legal burden so you can focus on your health and your family.  

Why experience matters in asbestos litigation

Asbestos litigation requires a thorough understanding of medical, legal, and historical context. The companies that produced and sold asbestos products often changed names, merged, or declared bankruptcy. Wallace Miller has the databases, archives, and expert networks needed to pursue these cases successfully.  

If you’ve been diagnosed with mesothelioma, asbestos-related lung cancer, or another asbestos-related disease, you deserve justice. The law gives you the right to seek compensation from those responsible for your exposure, no matter how long ago it occurred.  

At Wallace Miller, our attorneys have helped  families nationwide secure meaningful compensation and accountability. We believe every client deserves personal attention, respect, and the best possible outcome.  

Contact Wallace Miller about your asbestos exposure case

If you or a loved one has been diagnosed with an asbestos-related illness, contact Wallace Miller today for a free and confidential consultation. We’ll listen to your story, explain your legal rights, and help you understand the next steps toward justice and financial recovery. 

Tell Us Your Story