Episode summary
Filing a mesothelioma legal claim can feel secondary when a family is focused on getting the right diagnosis and a treatment plan — but hosts Iveta Brago and Larry Gates make clear in this episode that the legal clock starts running the moment a diagnosis is made. Drawing on Larry’s personal experience losing his father to mesothelioma just six months after diagnosis, they explain why waiting even a short time can permanently close the door on compensation. The hosts note that statutes of limitations differ by state — some allow only one year from diagnosis to file — and that missing that window by even a single day means a family loses their legal options entirely. They describe a $30 billion fund set aside for asbestos cancer victims, and explain that manufacturers who failed to warn workers about known asbestos dangers bear legal responsibility for that harm. The conversation also reassures families that the legal process does not require travel or court appearances, so patients can keep their energy focused on medical care. If you or a loved one has recently been diagnosed — or was diagnosed a year or two ago and hasn’t yet taken action — this episode makes the case for starting an eligibility review right away, before time runs out.
- The statute of limitations for mesothelioma claims varies by state — some states allow only one year from the date of diagnosis — so the legal clock starts the moment a diagnosis is received.
- Missing the filing deadline by even one day ends your legal options permanently; hosts urge families not to wait, even while prioritizing medical care first.
- Asbestos manufacturers who failed to warn workers about known dangers can be held liable; a $30 billion compensation fund exists specifically for asbestos cancer victims.
- Families do not need to travel or appear in court — an experienced legal team can handle the process so patients can focus on treatment and quality of life.
Full transcript
Welcome And Why Deadlines Matter
You're listening to MESO, the Mesothelioma podcast, where support, education, and outreach come together for families facing mesothelioma.
I'm Iveta Brago with Dan Zigarandiano.
I'm Larry Gates with Danza Garndiano.
And we're here to talk to you about the statute of limitations for every mesothelioma
Statute Of Limitations Basics
case.
And the statute of limitations is not always the same as it events.
No, every state is different, and a lot of people miss it by a month, by by just one year. I mean, you know, there you got these states that only have a year to file a claim. You literally have one year from the date of diagnosis to file your claim.
And if it goes one second past that limit, what happens? That's it. It's done. Absolutely nothing. You wasted your opportunity. So it's so very important to file that claim, ASAP. Oh, absolutely. You have to follow it. Because you never know what could delay it. But once they file it, you're you're okay.
Oh, for sure. Absolutely. And you have to you have to do your research and really get an experienced attorney's office like ours to file your claim.
One that's used to file in lots of cases in lots of different states that are used that know the statute of limitations. Yes, a nationwide firm like ours. Yes.
Diagnosis Starts A Short Clock
For sure. They there's so many things to talk about when it comes to mesothelioma. There is. You know, especially how all of these hardworking Americans, you know, and even some, you know, even some Canadians, you know, they were working hard for the families to bring food home on the table. And then they find out 30, 40 years after the fact that they have mesothelioma cancer, right?
True. True.
That's so working with all the products that have asbestos.
It takes anywhere from 10 to 50 years to develop. For any signs to develop, doesn't it, too?
And that's if they're going to develop. Because you know it's all a roll of the dice, right?
That's what makes the disease so terrible, so deadly. Yes. It's horrendous. Even though the treatments have gotten a lot better, it's still a deadly tough disease. It really is. The odds, uh, the the prognosis of mesothelioma is not good. Yeah.
Do you remember when your dad was diagnosed, Larry? I do. And do you what did your family do first? I mean, were they more interested in the medical? Were they interested in the legal? They go hand in hand.
They went uh to to try to find the best doctor they could at first. Yeah. And then uh try to get a treatment plan going. And then at the while they were doing that, um they uh my father actually knew uh and his he was a businessman, he knew a lot of people, and so someone had recommended him an attorney, and that's how he got
Larry’s Dad And Six Months
he selected his. Okay. Um but uh they they went medical first. Okay. Uh but his his mesothelioma had uh he had a tumor in his rib cage uh and as in in the lining of his lungs that was it was so big it was pushing apart the ribcage out.
Oh wow.
It was non-operable. Uh the uh he was not a candidate for surgery uh because of that. Uh and he elected uh he did not want chemo. They also said the chemo probably would not work on his type of uh uh a tumor. Uh so he elected radiation and um uh it did not uh did not do any good. Oh wow. So once he was diagnosed, um he uh passed away six months later. Oh wow, six short months. It went fast. That's why you have to uh jump on these cases. Once someone file finds out that they've been diagnosed, they cannot wait. They cannot wait. They have to, you know, uh, you know, do their do do some research and then and then and to get it filed with the best attorney you can find, such as Dan Sikuriniano. Oh, absolutely.
I mean, and that that takes a toll on the family, on I mean, especially your mom. I mean, I'm assuming your mom was his caregiver.
She was, exactly. She was. And then at the very end, we did have an uh hospice fare coming in three days a week. Yeah. Okay.
So what did your dad do for a living? Like what type of work did he do?
When he got exposed to asbestos, he worked at Shell Refinery in Pasadena, Texas. He was a tower, tower repair man, and he w the uh in and uh he climbed towers and and made sure uh the the valves and then they were working. So he was all over the plant for he worked there for twenty-two years. Wow. And um and then he started his own car business that he had been working at on the side. But for 22 years he was heavily exposed. Heavily. With no uh no mask, no protection. And no warning. No warning. No warning whatsoever.
Exposure Without Warnings And Accountability
They never warned him of it.
You know, that's the sad part. And that's why we can go after the asbestos manufacturers because they failed to put any type of warning labels on their products. And they knew, they knew, they knew that it could cause these cancers, these lung diseases, all kinds of things. And they picked profit over people.
They did. They knew of the dangers and failed to warn their workers. Yep. And therefore, there is $30 billion set aside for cancer victims.
Yeah, for sure. I I just, you know, I hope that, you know, what we're doing now, you know, trying to inform these people, hey, don't wait, because, you know, normally you have maybe one to three years to file a claim if the person's living. Yes. You know, and if you one second past that deadline, that's it.
You know, some states are only one year. Yes. Have to really be careful. Exactly.
And and jump on it as fast as you can. Absolutely. I mean, these families deserve, I mean, these people that are diagnosed, they deserve this compensation.
Look at all the medical expenses they have to go through. Yes. It's, I mean, if you go through any type of chemo or radiation or immunotherapy, it is expensive. Oh, absolutely. A lot of these people Absolutely. Yeah, the the the the insurance doesn't cover all that.
That's right. That doesn't cover it. A lot of these people don't even have insurance. Exactly. You know, even to be diagnosed. Exactly. You know, I mean, it's it's horrible out there.
It is. And and the only way you could actually be treated is if you went to the emergency room. Mm-hmm. And then uh it's you know, I say you're you're not gonna be get the treatment that you that you really need.
No, I mean the government puts a puts such a it's such a lengthy process to even try to get, you know, Medicare, Medicaid. I mean, that's what we have in Texas, right?
Yes.
Um I mean, there's just so you know, I know that every state's different, you know, with their medical options and things like that. But I mean, it it really is sad, you know, that we're living in a time where you could have cancer and not know because you don't have the funds to get diagnosed.
Exactly. And it's so, you know, what a what a uh gibbs. I know you get great pleasure, and so do I. It's been really the uh the honor of my life to help these people get the compensation they deserve for going through this. It's it's just terrible. Uh the toll it takes on the family and of course the person who's been diagnosed. Yes, it's horrific, you know, to have to family members, you know, it it just uh uh they it they wither away. They they start uh missile missile to leam uh makes you your you makes you lose your appetite. Uh they start losing weight rapidly. Um
Getting Help Without Court Or Travel
in my father's case, uh he was a human skeleton when he passed away. Wow. That is really sad, Larry. Very, very sad to see. Yeah, for sure. Absolutely. So therefore, we have wonderful advocates like you, myself, uh law firms, professional uh law firms like Dan Circle and Daniel's been doing it for almost 30 years.
Yeah, absolutely.
Yes, Puerto Rico and Guap.
Yeah, absolutely. I'm glad that we can extend our services that far.
It's a it I know it's the honor of your life also. For sure. So our firm to this date has recover recovered over two billion dollars for our clients and their families. Isn't that wonderful?
Yes, it really is, you know, to be able to say that we help them to at least get some type of I mean, nothing can really compensate you for a loss for sure, right? It's a human life, you know, but something, you know, to something to help you, you know, pay your bills, you know, to to get the care that you need, you know, every I mean everything counts, right?
It d it does. And and not every law firm is creative. Okay, so you want to you want to deal with a firm that has handled lots of cases and six been very successful at it. Yes. Uh you know, you you could deal with a uh a law firm that hasn't handled many cases at all if they don't know all the ins and outs. No, and they don't have the resources either. The resources.
Yeah, you have to have resources, you have to have the knowledge, the experience to deal with these cases.
And at Dance Organizano, we have the best product investigators in the business.
Oh, that's for sure. Yes.
Uh you mention uh a company and our investigators know what type of zebestis it is and where it happened it. Absolutely. And and that's so, so important. And that's because we've been doing it for so long.
For sure. So don't wait, you know. Call us today. If someone has mesothelioma cancer, they were just diagnosed, or even if they were diagnosed, you know, a year, maybe two years ago, and you hadn't filed anything, that's okay. You still can give us a call. We're more than happy to help you with your legal options.
That is true. So we're gonna take all we want our clients to do, and you know this, Yvette, that uh we want them to concentrate only on their medical history. Once they hire us, their their their uh legal woes are over, the legal worries are over. That's for sure. They'll have our clients will never have to do any traveling. Nope. They'll never have to go to court. That's right. We'll hand it everywhere. All we want them to do is to try to get better, try to slow this uh terrible disease down so they can have a few more good years to to enjoy. Absolutely. Yes. That's the goal. And there's no better no better law firm to call to handle that than Danziger Indiana. That's right. Almost 30 years of successful success success handling uh misotelioma cases all across the United States. And again, two billion dollars in recovery. In recovery. What a uh it's an honor to work here at Danziger Indiano and to help these wonderful clients. Absolutely.
Thank you for listening to MESO, the MESO Thelioma podcast. For more information, resources, and support, visit our sponsors, Danziger and Dayano, at dandel.com.
Frequently asked questions
How long do I have to file a mesothelioma legal claim after a diagnosis?
As the hosts explain, deadlines vary by state — some states allow as little as one year from the date of diagnosis. Because the window differs depending on where you live and your individual circumstances, the safest step is to start an eligibility review as soon as possible so nothing is missed.
What happens if I miss the filing deadline?
According to the hosts, if the deadline passes — even by a single day — the legal claim is gone entirely. That is why they stress acting quickly: once a diagnosis is in hand, beginning the review process right away protects your options even if you are still focused on treatment decisions.
Can I still file a claim if I was diagnosed a year or two ago and haven’t done anything yet?
The hosts say it is worth calling to find out. Deadlines depend on your state and situation, so you may still be within the window. The episode encourages anyone who hasn’t acted yet to get an eligibility review rather than assume the time has passed.
Will I have to go to court or travel to pursue a claim?
Not according to the hosts. They explain that an experienced legal team handles the process on your behalf — clients are not required to travel or appear in court. The goal is for patients to keep their focus on their health while the legal work is managed for them.
Why is there money available for mesothelioma victims in the first place?
The hosts explain that asbestos manufacturers knew their products could cause cancer and chose not to warn workers. Because of that failure, legal accountability was established and funds were set aside for victims. Larry’s father, for example, worked 22 years at a refinery with heavy asbestos exposure and no warning of any kind.
Hosts: David Foster & Anna Jackson (Patient Advocates).
MESO: The Mesothelioma Podcast is produced by MesoCare.org and sponsored by Danziger & De Llano. This episode is educational and is not medical or legal advice.