Secondary Asbestos Exposure: Can Family Members File a Mesothelioma Claim?

If a loved one has been diagnosed with mesothelioma or another asbestos-related illness, the devastation is profound. While many people associate asbestos lawsuits with workers directly exposed on the job, a critical question for many families is: Can I sue for an asbestos illness that resulted from secondary, or “take-home,” exposure?

The answer is yes. You may be eligible to file a personal injury or wrongful death lawsuit against the negligent parties responsible for your illness, even if your exposure happened indirectly in a household setting.

Here is an overview of why secondary exposure claims are possible, and how an attorney can help you seek justice and compensation.

What Is Secondary Asbestos Exposure?

Secondary exposure to asbestos, also known as “take-home” or household exposure, occurs when an individual who did not work directly with asbestos is exposed to the toxic fibers carried home on the clothing, hair, skin, or tools of a household member.

This type of indirect contact typically impacts spouses and children of workers in high-risk occupations, such as mechanics, construction workers, pipefitters, and industrial workers. Spouses who launder the contaminated clothing are very vulnerable to this type of exposure. Despite the exposure being indirect, the health risks are just as serious as direct occupational exposure, often leading to a mesothelioma diagnosis decades later.

The Right to File a Lawsuit

Lawsuits for asbestos-related illnesses are generally not limited to the directly exposed worker. Individuals diagnosed with mesothelioma, asbestosis, or lung cancer due to secondary exposure may have strong legal grounds to pursue compensation from the companies that negligently caused their illness.

You may be eligible to file a claim if:

• You have a confirmed diagnosis of an asbestos-related disease, such as mesothelioma.
• You can prove you were exposed to asbestos, even if it was secondary exposure.
• Your disease was caused by the asbestos secondary exposure.

Types of Secondary Asbestos Exposure Lawsuits

The legal process for those with secondary exposure typically involves the following options:

1. Personal Injury Lawsuits

If you are alive and have been diagnosed with an asbestos-related disease, you can file a personal injury lawsuit directly against the manufacturers of the asbestos-containing products or the employers who failed to warn about the secondhand risks. In this type of lawsuit, you seek compensation for your medical expenses, lost income, pain and suffering, and other damages.

2. Wrongful Death Lawsuits

If a family member has passed away from an asbestos-related illness caused by secondary exposure, the surviving family members or the estate’s representative may file a wrongful death lawsuit. This claim seeks compensation for financial losses associated with the death, such as funeral expenses and lost future earnings, as well as non-economic damages like loss of companionship and emotional distress.

3. Asbestos Trust Fund Claims

Many companies that manufactured asbestos products and were found liable for the resulting illnesses have filed for bankruptcy. As part of this process, they were ordered to establish asbestos trust funds to compensate victims. If the responsible company is no longer solvent, you may still be able to file a claim with one or more of these trusts. The burden of proof for these claims may be lower than a full lawsuit.

Related read: Can I Sue for Asbestos Exposure? The Asbestos Lawsuit Process

The Essential Role of an Experienced Mesothelioma Attorney

Proving a claim based on secondary asbestos exposure can be more challenging than an occupational exposure case. However, a dedicated and experienced mesothelioma attorney has the resources and expertise to build a strong case and fight for your maximum possible recovery.

Your attorney’s role is crucial and includes:

• Investigating the Source of Exposure: An attorney will meticulously analyze your family’s history, including the occupation of the household member and the asbestos-containing products and worksites they encountered. They use extensive databases of past asbestos exposure sites and company product information to pinpoint the responsible parties, even decades after the exposure occurred.
• Gathering Necessary Evidence: They will collect all critical evidence, including medical records confirming your diagnosis, and may consult with medical experts to legally connect your illness directly to the secondary exposure. Your lawyer will also gather evidence of your damages, such as medical bills and personal testimony about your suffering.
• Navigating Complex Lawsuits: Mesothelioma litigation is complex. Your attorney will handle all aspects of the legal process, from filing the necessary documents (such as the initial complaint) to managing the discovery phase (gathering evidence and taking testimony under oath).
• Maximizing Compensation: Whether through a negotiated settlement or a trial verdict, your lawyer will advocate fiercely to secure the highest possible compensation for your losses, including past and future medical costs, lost income, and non-economic damages.

Keep in mind: It is vital to act quickly after a diagnosis. The statute of limitations (the legal deadline for filing a lawsuit) begins when you discover your asbestos-related illness, and gathering the evidence for a secondary exposure case takes time.

Take the Next Step

If you or another family member developed mesothelioma or another asbestos-related illness due to secondary exposure, you don’t have to face this alone.

The asbestos attorneys at Cohen, Placitella & Roth help families affected by asbestos exposure recover the compensation they deserve from asbestos manufacturers and trusts—at no upfront cost.

Call (888) 572-7388 or complete the form below for a free case evaluation.