Second Diagnosis and New Claims

If an earlier claim was settled, the release signed at that time controls what can be pursued now. Some releases only covered the illness known at that time and preserved the right to claim for a future cancer. Others were broader and may have given up future claims against those companies. The wording is what counts. Finding those old documents is an important first step. If they cannot be found, the attorney who handled the earlier claim or the defendant's records may help locate them.

Many trusts allow a claimant who was paid for a less serious asbestos disease to file again if a more serious disease, such as mesothelioma, is diagnosed later. This is sometimes described as an upgrade or a second disease claim. The rules vary from trust to trust, including how any earlier payment is treated, how much time can pass between diagnoses, and what new medical evidence is required. The new diagnosis will need to be documented with a pathology report and supporting medical records, just like a first claim would. Earlier exposure evidence may be reused if it still meets the trust's current criteria.

In some states, a new and different asbestos disease can start its own filing deadline. That means the time to bring a mesothelioma lawsuit may run from the new diagnosis rather than from the earlier illness. This is not true everywhere, and the details can be complicated, particularly if the earlier claim was settled or dismissed. Because deadlines are unforgiving, anyone with a new diagnosis after an earlier asbestos illness should seek a review quickly rather than assuming the old case settled everything. Bring the new medical records and any paperwork you can find from the earlier claim.

1. 1

   Search for any settlement papers or releases from an earlier asbestos claim.

2. 2

   Collect medical records for both the earlier diagnosis and the new mesothelioma diagnosis.

3. 3

   Contact the attorney who handled the earlier claim to request copies of their file.

4. 4

   Ask for a prompt deadline review based on the date of the new diagnosis.