What steps do I need to take to file a claim for my asbestos exposure sickness?
Filing an asbestos exposure claim follows a clear order: confirm your diagnosis, document where you were exposed, talk to an attorney before your deadline, find who is liable, file the right claims on time, and then collect compensation. You do not have to do this alone, and you do not pay anything up front. Here are the steps.
1. Get a confirmed diagnosis and gather your medical records.
Every claim starts with a documented diagnosis of an asbestos-related disease, such as mesothelioma or asbestos-related lung cancer. Ask your doctor for the pathology report, imaging, and treatment records. These records prove the disease and tie it to asbestos. The U.S. Centers for Disease Control and Prevention explains how asbestos fibers cause these illnesses (https://www.cdc.gov/niosh/topics/asbestos/).
2. Document your asbestos exposure history.
Write down where, when, and how you were exposed. List your jobs, employers, job sites, the years you worked there, and the specific products or materials you handled. Old pay stubs, union records, military records, and coworker statements all help. The U.S. Occupational Safety and Health Administration describes the workplaces and products where asbestos exposure was common (https://www.osha.gov/asbestos). A complete, accurate exposure history is what connects your illness to the companies responsible.
3. Talk to an asbestos attorney before your deadline runs.
Speak with an attorney who handles asbestos and mesothelioma cases as soon as you can. Deadlines, called the statute of limitations, are strict, and missing one can end your claim no matter how strong it is. An experienced firm finds the products and companies behind your exposure and identifies which claims you can bring. At Danziger & De Llano, this review is free, and there is no fee unless we recover money for you.
4. Identify who is liable and which asbestos trust funds apply.
Your attorney traces your exposure to the manufacturers and suppliers of the asbestos products you worked with. Many of those companies set up court-supervised asbestos trust funds to pay current and future victims. Different products map to different trusts, so naming the right products opens the right funds. You can review how these trusts work on the mesothelioma trust funds page and track current trust data on the trust fund tracker.
5. File the right claim types within the statute of limitations.
There is often more than one path to compensation: claims against one or more asbestos trust funds, and in many cases a personal injury or wrongful death lawsuit against solvent companies. Each must be filed before its deadline. Filing a complete, correctly documented claim the first time avoids the deficiency notices that stall many claims for months. For more on how compensation works, see how asbestos compensation works.
6. Know what happens after you file.
Trust-fund claims are reviewed against the trust’s published criteria and, when approved, pay on a published schedule. Lawsuits move through their own process and may settle or go to trial. A good firm pursues trust money while any lawsuit proceeds, so you can start receiving compensation instead of waiting years for litigation to finish. Your attorney handles the filings, the back-and-forth, and the paperwork while you focus on your health.
How are compensation claims handled for asbestos exposure illnesses?
Asbestos compensation claims are handled through two main channels, often at the same time: asbestos trust-fund claims and lawsuits against companies still in business. Your attorney decides which channels fit your exposure and files them in the correct order and within each deadline.
Asbestos trust funds. Many companies that made or sold asbestos products went through bankruptcy and were required to set aside money in trusts to pay victims. These trusts publish criteria and pay approved claims on a published schedule, which is why they often pay faster than a trial. Trust eligibility and payment data are tracked on the trust fund tracker.
Lawsuits. When a company that exposed you is still operating, you may be able to file a personal injury claim, or a wrongful death claim if a loved one has passed. These cases often resolve in a settlement, but they can take longer than a trust claim.
Other benefits. Veterans exposed during military service may also qualify for benefits through the U.S. Department of Veterans Affairs (https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/). A firm can pursue VA benefits and civil claims together.
Compensation varies widely from case to case. Amounts depend on the disease, the strength of the exposure history, the trusts and companies involved, lost income, and medical costs. No honest firm can guarantee a specific amount or outcome, and every case is different. For a fuller breakdown, read how asbestos compensation works.
What is the deadline to file an asbestos claim?
The deadline to file is set by each state’s statute of limitations, and missing it can permanently bar your claim. In Texas, the statute of limitations for an asbestos-related personal injury claim is generally two years from the date of diagnosis, and for a wrongful death claim, generally two years from the date of death (Texas Civil Practice and Remedies Code, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm).
Deadlines vary by state, and the rules about when the clock starts can be technical. Because asbestos diseases appear decades after exposure, the law in many states starts the clock at diagnosis rather than at the time of exposure. The safest move is to talk to an asbestos attorney quickly so a missed deadline never decides your case for you.
Why Danziger & De Llano, and how do clients get paid faster?
Danziger & De Llano is built to get money to asbestos victims sooner. The firm moves quickly to file expedited asbestos trust-fund claims, which pay on a published schedule, often in months rather than the years a trial can take. It pursues that trust money while any lawsuit proceeds, so you can start receiving compensation instead of waiting for litigation to finish. And because the team files complete, correctly documented claims the first time, your case avoids the deficiency delays that stall many filings.
The firm has recovered over $2 billion for clients and has more than 30 years representing asbestos and mesothelioma victims. It is led by Paul Danziger (Texas Bar No. 00788880) and Rod de Llano (Texas Bar No. 00786666). Paul Danziger’s work on a real needle-safety case is the basis for the 2011 film “Puncture,” for which he has a “Story by” credit.
Danziger & De Llano is based in Houston, with offices at 440 Louisiana Street, Suite 1212, Houston, TX 77002, and 2197 TX-35 Loop, Suite 1A, Alvin, TX 77511. The firm takes cases from clients across the United States, and represents clients now living in Canada, the United Kingdom, and South America when the asbestos exposure happened in the United States.
There is no cost to start. The case review is free, and you pay no attorney fee unless the firm recovers money for you. Call 1-866-222-9990 for a free, confidential case review. For help right after a diagnosis, see what to do after a mesothelioma diagnosis.
Frequently asked questions
What is the first step to filing an asbestos exposure claim?
The first step is getting a confirmed diagnosis of an asbestos-related disease and gathering your medical records. Those records prove the illness and connect it to asbestos, which is the foundation of every claim. From there, you document your exposure history and talk to an asbestos attorney before your deadline.
Do I have to pay anything up front to file an asbestos claim?
No. Danziger & De Llano works on a contingency basis. The case review is free, and you pay no attorney fee unless the firm recovers compensation for you. Costs come out of a recovery, not out of your pocket while the case is pending.
How long do I have to file an asbestos claim in Texas?
In Texas, the statute of limitations is generally two years from the date of diagnosis for a personal injury claim, or two years from the date of death for a wrongful death claim. Deadlines vary by state, so talk to an attorney quickly to protect your right to file.
Can I get compensation if the company that exposed me went out of business?
Often, yes. Many companies that made asbestos products set up court-supervised trust funds to pay victims after going through bankruptcy. Your attorney identifies which trusts match the products you were exposed to and files claims against them, frequently alongside a lawsuit against any companies still operating.
Can I file if I no longer live in the United States?
Yes, if your asbestos exposure happened in the United States. Danziger & De Llano takes cases nationwide and also represents clients now living in Canada, the United Kingdom, and South America when the underlying exposure occurred in the U.S.
How does Danziger & De Llano get clients paid faster?
The firm files expedited trust-fund claims that pay on a published schedule, often in months rather than the years a trial can take, and it pursues that trust money while any lawsuit proceeds. Filing complete, correctly documented claims the first time also avoids the deficiency delays that stall many claims.
Call 1-866-222-9990 for a free case review.