What is Mesothelioma?
Mesothelioma is a rare and aggressive cancer that forms in the thin tissue lining several organs in the body. According to the Centers for Disease Control and Prevention, this lining is called the mesothelium, and mesothelioma most commonly forms in the tissue around the lungs, known as the pleura. It can also develop in the lining of the abdomen, the heart, or, less commonly, the testicles. This cancer is almost always linked to one specific cause.
What Causes Mesothelioma?
Asbestos exposure is responsible for nearly every case of mesothelioma diagnosed today. The CDC explains that asbestos is a group of naturally occurring minerals that form long, thin, and extremely durable fibers that do not break down easily. They were once used widely in consumer products, automobile parts, and building materials before the health risks were understood.
You may have been exposed to asbestos if you:
- Worked in a paper mill, factory, or shipyard before the 1980s
- Served in the military, particularly the Navy
- Worked in construction, plumbing, or electrical trades
- Lived with someone who worked around asbestos and brought fibers home on their clothing
- Used consumer products that later turned out to contain asbestos, such as certain talcum powders
Asbestos fibers are too small to see, so many people had no idea they were breathing them in until symptoms appeared many years later.
Why Does Mesothelioma Take So Long to Show Up?
Mesothelioma has one of the longest latency periods of any cancer. Symptoms often do not appear until 20 to 50 years after the original asbestos exposure. This means someone who received a recent mesothelioma diagnosis could have been exposed at a Wisconsin job site in the 1970s or 1980s.
This long delay is exactly why Wisconsin law includes special protections for people diagnosed with diseases like mesothelioma.
What Is the Statute of Limitations for Asbestos Claims in Wisconsin?
Typically, under Wisconsin law, a personal injury claim must be filed within 3 years. However, some important exceptions and nuances can affect the applicable deadline.
For mesothelioma and other asbestos-related diseases, Wisconsin courts recognize what is known as the discovery rule. Instead of starting the clock on the date you were exposed to asbestos, the clock generally starts when you were diagnosed, or when you reasonably should have discovered your illness and its cause. Without this rule, many families would lose their right to file before they ever knew they were sick.
Because every case is different and Wisconsin’s rules can shift depending on whether the claim involves a workplace, a product, or wrongful death, it helps to have your situation reviewed by a personal injury lawyer as soon as possible after a diagnosis.
Who Can File a Mesothelioma Claim in Wisconsin?
You may be able to file a claim if you were diagnosed with mesothelioma or another asbestos-related illness after being exposed in Wisconsin. Family members may also be able to file a wrongful death claim if a loved one passed away from the disease.
Common claim types include:
- Personal injury claims filed by the person diagnosed
- Wrongful death claims filed by surviving family members
- Claims against asbestos product manufacturers, not just employers
- Workers’ compensation claims tied to workplace exposure
Many mesothelioma claims target the companies that manufactured asbestos-containing products, which means a claim may still be possible even if the job site or employer no longer exists.
What Compensation Can a Mesothelioma Claim Provide?
Every case is different, and no outcome can be promised. That said, families pursuing an asbestos-related claim in Wisconsin may be able to seek compensation for costs connected to the illness, including the following:
- Medical bills, both past and ongoing
- Lost wages and lost earning capacity
- Pain and suffering
- Funeral and burial costs in wrongful death cases
- Loss of companionship for surviving family members
A claim will not undo a diagnosis, but it may ease some of the financial pressure that comes with extended treatment and time away from work.
Where in Wisconsin Have Asbestos Exposure Cases Come From?
Wisconsin’s industrial past means asbestos exposure was common in many parts of the state, not just in one city or region. Workers in paper mills, foundries, power plants, and shipyards across the state faced regular contact with asbestos-containing materials for decades. Our firm serves clients throughout Wisconsin, including Madison, Baraboo, Eau Claire, Sun Prairie, Fitchburg, and Waunakee, and we understand how deeply this industrial history runs in communities across the state.
If your exposure happened years ago in a job that no longer exists, that does not mean your options are gone. Asbestos manufacturers and their insurers can often still be held accountable.
Do I Need a Lawyer for a Mesothelioma Case?
Mesothelioma and asbestos cases tend to be more complicated than a typical injury claim. They often involve identifying a specific product or job site from decades ago, tracking down which companies manufactured the asbestos-containing materials, and untangling overlapping deadlines among personal injury law, workers’ compensation, and product liability rules.
Pemberton Personal Injury Law Firm has spent more than 80 years of combined experience helping Wisconsin families pursue the compensation they deserve after serious injuries and illnesses. Our team also brings an insurance defense background to every case, which means we understand how insurance companies and corporate defendants structure their arguments. We use that insight to build stronger claims for our clients.
Your Next Step Starts With Pemberton Personal Injury Law Firm
A mesothelioma or asbestos diagnosis can leave you with more questions than answers, especially about what caused it and what legal options might be available now. Pemberton Personal Injury Law Firm is here to help you sort through those questions with clear answers and a plan built around your specific situation.
We have earned recognition from Super Lawyers for 14 consecutive years, and our track record includes achieving a landmark jury verdict in a high-stakes personal injury case. We work on a contingency fee basis, so you pay nothing upfront, and every client we represent is backed by the Pemberton Promise, our pledge to stand by you at every stage of your case. If you or a family member has been diagnosed with mesothelioma or another asbestos-related illness, reach out through our contact form for a free case evaluation.
Frequently Asked Questions About Wisconsin Asbestos and Mesothelioma Claims
What is the statute of limitations for mesothelioma claims in Wisconsin?
Wisconsin generally gives personal injury claimants three years to file a lawsuit. For mesothelioma and other asbestos-related illnesses, the clock typically starts on the date of diagnosis rather than the date of exposure, because these diseases can take decades to appear. This is known as the discovery rule. Because deadlines can vary based on the type of claim, speaking with an attorney as soon as possible after a diagnosis helps protect your right to file.
Who can file a mesothelioma lawsuit in Wisconsin?
You may be able to file a personal injury claim if you were diagnosed with mesothelioma or another asbestos-related illness and can trace your exposure to a product, worksite, or employer in Wisconsin. Surviving family members may be eligible to file a wrongful death claim if a loved one passed away from the disease. An attorney can review the facts of your situation and identify which claims may apply.
Can I still file a claim if the company responsible no longer exists?
In many cases, yes. Many mesothelioma lawsuits target the manufacturers of asbestos-containing products rather than the employer where exposure occurred. Even if a company has closed or gone through bankruptcy, asbestos trust funds set up during those proceedings may still provide compensation to eligible claimants. An attorney familiar with Wisconsin asbestos cases can help identify which funds and defendants may apply to your situation.
What compensation may be available in a Wisconsin mesothelioma case?
Families pursuing asbestos-related claims in Wisconsin may be able to seek compensation for medical expenses, lost income, pain and suffering, and, in wrongful death cases, funeral costs and loss of companionship. Because every case is different, the specific amounts available will depend on the facts of your exposure and financial losses. No outcome can be guaranteed, but an attorney can give you a realistic picture of what your claim may involve.
How does Pemberton Personal Injury Law Firm handle mesothelioma cases?
Our firm works on a contingency fee basis, which means you pay nothing upfront and owe no fees unless we recover compensation for you. We bring more than 80 years of combined experience handling serious injury cases across Wisconsin, and our background in insurance defense gives us insight into how corporate defendants and their insurers approach these claims. Every client is backed by the Pemberton Promise, our commitment to stand by you at every step of your case.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
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